Sex Crimes, Aggravated Sexual Assault, Criminal Sexual Contact and Child Pornography
If you’ve been charged with a sex crime in New Jersey, in Somerset County or its adjacent counties of Morris, Middlesex, Hunterdon and Mercer, or anywhere in throughout the state, you need a tough and experienced criminal defense attorney. At Wronko & Loewen, our lawyers are dedicated to providing aggressive legal representation to people who have been charged with these crimes.
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Our sex crimes defense lawyers are experienced in providing the best legal counsel possible when representing clients accused of a variety of sex-related offenses, ranging from computer and internet crimes to sexual assault and prostitution. We believe in the presumption of innocence for all of our clients, whether you are accused of child solicitation, child sex crimes and child rape, sexual battery, sexual abuse, date rape, forced sexual activity, aggravated sexual assault, or internet sex solicitation.
We are not afraid to take cases to trial and challenge the State to prove our client's guilt beyond a reasonable doubt. We have resolved many cases before charges were filed in addition to representing individuals charged in high-profile cases.
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A sex crime charge may or may not lead to prison, but the stigma of being a sex offender sticks with you the rest of your life, guilty or innocent. In addition, you may have to register as a sex offender or be on parole supervision for life. Don’t let this happen to you. With our law firm, you will get a strong criminal defense attorney with considerable experience helping people fight sex crime charges throughout New Jersey.
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Computer Sex Crimes
Our criminal defense attorneys will mount an aggressive defense of computer sex crimes, including aggressive discovery of the prosecution’s evidence for cases in child pornography and solicitation of minors. Our clients’ defenses may include issues relating to entrapment of the accused, jurisdictional questions, lack of criminal intent, or unlawful search and seizure.
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According to federal and state law, it is illegal to manufacture, possess, distribute, or solicit any material that exploits minors. The internet makes the violation of these child pornography laws much easier and the obtaining of such materials increasingly accessible. Often, people unknowingly download prohibited images by simply typing the improper web address for a particular site. Persons participating in file-sharing networks can also have illegal files put on their computer without their knowledge. The result is the inadvertent (knowing) involvement in the trafficking of child pornography.
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You may find yourself accused of the solicitation of minors after visiting a chat room or using social media. It is very easy to get involved in discussions with children (under 16) on these sites, but an innocent chat with a stranger online could actually be a chat with a police officer claiming to be a child in order to entrap you. Individuals who have been charged with the commission of computer sex crimes may face extended jail time, the requirement of registration as a convicted sex offender, and long-term probation under restrictions.
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Child Molestation
Charges of child molestation are very serious, and conviction could destroy your life. Typical penalties generally include a long prison sentence. Our attorneys may be able to protect you from this fate if you have been falsely accused of child molestation or sexual abuse of a child.
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Conviction of child molestation or sexual abuse of a child requires the convicted person to register as a sex offender. This can lead to being treated as an outcast by the majority of society. A false accusation may be the result of a vindictive or malicious act by someone else, but a conviction is the same no matter how it came to be.
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Prostitution/Operation of Massage Business
Police in New Jersey frequently charge women with engaging in prostitution, whether for meetings arranged on the Internet (escort services) or for employment at massage parlors. They scan sites, including Craig’s List, backpage.com, and naughtyreviews.com that promote escort agencies and arrange meetings that are used in sting operations to arrest individuals.
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Police also investigate massage businesses and arrest those who appear to be engaging in prostitution. These charges can result in a jail sentence and can have serious immigration consequences and can prevent you from obtaining a massage therapy license. Our attorneys have successfully represented many women who have been in these situations and had all their charges dismissed after they had been charged with prostitution or promoting prostitution.
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Sex crimes are a matter of degree. First degree sex crimes include aggravated sexual assault. A defendant convicted of a first-degree sex crime may spend 20 years to life in prison and be subject to the No Early Release Act (NERA). Which means a convicted defendant must serve 85% of their prison term before parole eligibility. Second degree sex crimes such as sexual assault and some forms of child endangerment can come with a potential prison term of 10 to 20 years.
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Third degree sex crimes include endangering the welfare of children in some scenarios that involve child pornography or endangerment to a child's health and wellbeing. Aggravated criminal sexual contact is likewise a third degree crime. Third degree convictions for sex crimes carry a 3-to-5-year prison sentence. Lower grade fourth degree sex crimes such as criminal sexual contact and lewdness are punishable by up to 18 months in prison. Depending on the alleged victim's age at the time of the offense, a lewdness charge can also be considered a disorderly persons offense, which could lead to up to 6 months in county jail.
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Depending on the sex crime conviction, a defendant may also be subject to mandatory registration as a sex offender. Some must also be under parole supervision for life (PSL), including lifelong internet and travel restrictions.
CRIMINAL DEFENSE
If you or a family member has been charged with a crime in Somerset, Hunterdon, Middlesex, Morris County or one of the other counties in New Jersey, such as aggravated sexual assault, theft, insurance fraud, domestic violence or any other criminal offense you need a New Jersey criminal law attorney with the experience, reputation and skills to obtain a favorable result. The lawyers at Wronko & Loewen can provide you with guidance today in a free consultation.
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You can face extensive prison time if convicted, but our criminal defense attorneys can defend you against any charge, including but not limited to offenses similar to felonies and misdemeanors. These include sexual offenses such as aggravated sexual assault and criminal sexual contact, violent crimes, homicide and murder. You may be eligible for New Jersey’s first offender program, which is called Pre-Trial Intervention (PTI) which may be a good option to avoid a criminal record. Pre-Trial Intervention is a diversionary program for first offenders in New Jersey. It requires you to be under court supervision for a short period of time and remain law-abiding. The charges will be dismissed at the end of the court supervision period.
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At Wronko & Loewen, you will get a top-notch New Jersey criminal law attorney with decades of combined experience and a superb reputation. Attorney James Wronko has practiced criminal law for almost 40 years and has tried hundreds of cases in his career. He has appeared in almost every county in New Jersey from Cape May to Bergen County. He has also made numerous appearances on television, including Court TV. He is a former prosecutor with the Somerset County Prosecutor’s Office and deputy attorney general with the New Jersey Division of Criminal Justice. Mr. Wronko has lectured fellow attorneys on the intricacies of defending against criminal charges and indictments in all areas of the law.
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Jim Wronko has represented Judges, police and correction officers, political figures and their family members as well as other individuals and business entities.
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Jay W. McCann is a former Passaic County Assistant Prosecutor based in Paterson, who was in charge of the theft/financial bureau. He has extensive experience in many areas of criminal law and now vigorously defends people charged with criminal offenses.
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If you are being questioned by the police, any statement you make can be damaging - whether it’s recorded or not. Don’t talk to the police until you’ve called a lawyer. Be cooperative, but insist that you talk with an attorney. It’s your right.
White Collar Crimes
People accused of white-collar crimes are seldom hardened criminals. They are usually well-respected people who are horrified to be accused of a serious crime. At Wronko & Loewen, we understand how important a strong defense is to people accused of white-collar crimes; our lawyers invest all of their extensive experience and knowledge in minimizing clients’ punishments or getting them freed from all charges. We work with you on any internal and regulatory investigations and prosecutions, in addition to strategies for compliance with federal and state regulations.
James Wronko prosecuted many of these crimes while with the New Jersey Office of the Attorney General, specifically the Division of Criminal Justice.
Jay W. McCann headed the Passaic County White Collar/Financial Crime Bureau and also the Insurance Fraud unit.
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Wronko and McCann use their experience as prosecutors and Deputy Attorneys General to defend you against the State prosecutors.
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If you’re facing a government investigation or have been formally charged, we can defend you. We have the experience and knowledge to help people accused of any white-collar crimes, including:
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Theft
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Computer and internet crimes
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Credit card fraud
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Embezzlement
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Conspiracy
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Bank Fraud
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Healthcare claims fraud
Weapon Offenses
The lawyers of Wronko & Loewen can defend you whether you’ve been charged with unlawful possession of firearms or any other weapon. A weapon is considered anything readily capable of lethal or inflicting serious bodily injury.
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In addition to firearms the term weapon includes gravity knives, switchblades, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cestis or similar leather bands studded with metal filing or razors blades embedded in wood, stun guns and any other weapon which projects, release or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.
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Lawyer James Wronko is a former State Prosecutor and former Somerset County Assistant Prosecutor. He knows how a prosecutor builds a weapons offense case and how to take the case apart from a defense’s perspective. He can work with you to lay out a game plan for a winning defense.
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Defending Guns and Weapons Charges
Most guns and weapons are found as a result of a police search of a car, house or personal belongings. The key is whether the police officer had a legal right to conduct a search of your property. The general law says that the police must have probable cause and a warrant in order to search your property. There are, however, some exceptions to the warrant requirement. If the police conducted a search without a warrant, they may have violated your constitutional rights resulting in an illegal search. This may result in the weapon being suppressed and all charges dismissed.
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Your Presumption of Innocence Protects You from Conviction
Depending on the facts of your particular case, our options might include working toward dismissal of the charges, convincing the court to suppress the evidence of any weapons offense based on constitutional issues, or challenging the prosecution to prove its case beyond a reasonable doubt at trial. We never overlook the value of your presumption of innocence in developing your defense strategy.
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Our law firm handles such weapons offenses and gun charges including the following:
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Unlawful possession of a weapon, such as possession by a convicted felon
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Possession of a weapon for an unlawful purpose, such as robbery or assault
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Possession of a handgun without a permit or a license
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Juvenile weapons charges like possession of a weapon by juvenile
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Weapons offenses alleged against people on probation or parole
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Failure to surrender a gun while on conditional release or after a domestic violence arrest
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BB gun, airsoft gun or paintball gun offenses
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Certain person offenses
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Illegal weapons
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Imitation firearm offenses
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Possession of a firearm for unlawful purpose
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Possession of a firearm in a motor vehicle
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Possession of a handgun
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Possession of a rifle or shotgun without a permit or license
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Possession of a weapon during the commission of a crime
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Possession of a weapon or firearm at an educational institution
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Possession of a weapon or a firearm during a commission of a drug offense
No matter what weapons charge you happen to be facing, you can count on the lawyers of Wronko & Loewen to handle your case with skill and careful attention to your unique circumstances.
DWI & Traffic
Our attorneys have extensive experience in municipal courts throughout New Jersey with all types of traffic or driving offenses. James Loewen has been appointed the Municipal Public Defender for serious motor vehicle offenses in more than six local municipalities. We offer free initial consultations to anyone accused of driving under the influence, driving while suspended, or another traffic violation.
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We have working relationships with the best experts in the drunk driving field to ensure the slightest mistake by the police will be uncovered. If the police broke any regulations in your arrest, our DUI and DWI lawyers will find out quickly and work hard to get you freed from all charges.
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Even the simplest motor vehicle violations can cause future problems because of the points assessed by the Department of Motor Vehicles. Points can result in insurance surcharges and then eventually in the loss of your license. We are frequently successful in having your charge downgraded or lowered to save you points.
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A New Jersey driving while intoxicated case (DWI or DUI) can be prosecuted in two ways - driving under the influence of alcohol, which focuses on whether the driver was impaired by alcohol or having a blood alcohol content (BAC) of .08 percent or greater, which is a "per se" offense. If the reading is valid, you can be convicted without further evidence.
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New Jersey drunk driving law is unusual in several ways - first, unlike most other states, New Jersey doesn't give drivers accused of drunk driving the right to a jury trial. Motorists accused of driving while intoxicated are entitled to a court trial only - where a judge, not a jury, decides the driver's guilt or innocence. We can explain how a court trial rather than a jury trial may affect the outcome of your DWI case.
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Drivers who are found guilty of DWI by a judge are entitled to a "de novo" appeal. In a de novo appeal, a second judge, a county level Superior Court judge, will review the trial transcripts and listen to arguments from attorneys on both sides. It's essentially a second chance for motorists convicted in a municipal court of drinking and driving in New Jersey.
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Drivers with more than one prior DWI conviction can be assessed with the enhanced penalties associated with second or greater convictions. Third or greater alleged offenders face mandatory 180 days in jail. in all of these cases, we will evaluate not only the current allegations against the driver, but also any prior convictions to determine whether procedures and protocols were followed. If there is an opportunity to re-open prior convictions and reduce the penalty exposure in the current matter, we will advise you of this invaluable information and may ask the "old" court for relief in the prior matters.
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Common defenses include:
There was no probable cause for your stop. Police are required to have probable cause for stopping someone, that is, reasonable grounds for pulling someone over. If police observe certain behaviors such as swerving, other indicators of intoxication, or traffic violations, they may have reasonable grounds for the stop. A DWI defense lawyer will look at the reasons and evidence for why a police officer pulls someone over in the first place.
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Lack of cause for an intoxication arrest. After the stop, the officer will need to show proper evidence for a DWI arrest. This can include field sobriety tests and breath tests to show intoxication. If probable cause did not exist, then the DWI charge can be challenged.
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Improperly administered tests. Field sobriety tests and breath tests all have their problems. Errors in administration and testing can easily lead to invalid results. One common way of defending against DWI is to challenge the accuracy of these tests. Police can easily administer field sobriety tests incorrectly, leading to poor results for the accused. Breath tests can be significantly affected by dental work, food, medications, and other factors that can provide an inaccurate result.
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Failure by police to advise defendants of their Miranda rights. When you're under arrest, police must advise you of your Miranda rights. These rights include the right against self-incrimination. If police don't advise a defendant of these rights during the arrest process, then self-incriminating statements by the defendant cannot be used as evidence against them.
Murder & Manslaughter
If you’ve been charged with a serious offense like murder, aggravated manslaughter, manslaughter, or vehicular homicide, you should contact an attorney immediately. You need an attorney with the expertise to handle complex criminal homicide laws.
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Murder
Murder occurs when a person knowingly or purposely causes death or serious bodily injury resulting in the death of another. Felony Murder occurs when a person causes the death of another during the commission of certain violent crimes, such as robbery, sexual assault, kidnapping, carjacking, arson, burglary, or terrorism.
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Murder is the most serious homicide offense, carrying a mandatory minimum sentence of 30 years in prison. A mandatory life sentence without the possibility of parole may apply to murders committed under certain aggravating circumstances. In New Jersey, the death penalty is also still a potential sentence for certain murders.
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Manslaughter/ Death by Automobile
Aggravated manslaughter is also a serious homicide crime. It occurs when a person causes the death of another under circumstances showing reckless indifference to human life or when a person causes the death of another while resisting arrest. Aggravated manslaughter carries a sentence of 10 to 30 years in prison.
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Manslaughter is considered less serious and thus carries a sentence of 5 to 10 years in prison. It occurs when a person recklessly causes the death of another. It can also occur when a person intentionally causes the death of another in the heat of passion following sufficient provocation, such as a person catching his or her spouse in the act of adultery.
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Vehicular Homicide
Vehicular homicide occurs when a person causes the death of another while being under the influence of drugs or alcohol or when recklessly operating a car or other vehicle. It carries a sentence of 5 to 10 years in prison. However, a person may face a sentence of 10 to 20 years in prison if they cause a death while driving under the influence of drugs or alcohol and are also within 1,000 feet of a school.
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Strict Liability Homicide
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​Kidnapping
Next to murder, kidnapping is among the most serious crimes under New Jersey Criminal Law. Kidnapping occurs when a person removes or confines another to:
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Hold as hostage
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Facilitate the commission of another crime
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Terrorize
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Interfere with government function
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Permanently deprive a parent or legal guardian of custody over the victim
Kidnapping carries a sentence of 15 to 30 years in prison. If the victim is under the age of 16 and suffers a sexual assault during the kidnapping or is delivered to another for pecuniary gain, it carries a mandatory minimum sentence of 25 years in prison and implicates Megan’s Law.
Juvenile & Family
If your son or daughter, who is under the age of 18, is charged with a criminal offense, they will be prosecuted in the Family Division of the Superior Court as a juvenile. While the juvenile justice system is more focused on rehabilitation and fostering responsibility, the consequences of a conviction can still be impactful.
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It is vital to have an experienced New Jersey juvenile defense attorney on your side to assist with your child’s defense. In fact, you may be required as a parent or guardian to hire a lawyer for your child, unless the case is a relatively minor matter.
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Our lawyers have over 50 combined years representing juveniles in Somerville New Jersey who face a variety of criminal charges. If your child is charged or is being investigated for an offense contact the attorneys at Wronko & Loewen, where we have the ability and expertise to successfully resolve the case.
Drug Possession
In New Jersey, convictions for drug crimes can carry some unreasonable and lengthy punishments. Only an experienced criminal defense lawyer should be trusted with such important cases; the difference between a good lawyer and a great one can mean the difference between many years in prison and complete exoneration.
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The lawyers of Wronko & Loewen have more than 80 combined years of experience helping people accused of all kinds of drug crimes, including drug possession and drug distribution. We have achieved success in many complex, large-scale criminal cases and we help clients with any drug charge, including possession, sale and intent to distribute, transport and trafficking, manufacture, and cultivation. We offer free initial consultations to anyone with a case pertaining to any controlled substance, from marijuana and prescription drugs (oxycodone) to cocaine, heroin, fentanyl and methamphetamine.
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Successfully defending against drug crimes is often a matter of investigating a case thoroughly to find any breaches of police procedure. An experienced lawyer can tell whether police broke any of the many laws pertaining to search and seizure or arrest; if so, your case can be thrown out of court.