DRAFT — New Jersey: citizen complaint-summons and letter to the Bergen County Prosecutor
DRAFT. NOT FILED. No complaint number. A citizen complaint for a petty disorderly persons offense is filed with the Municipal Court for the municipality where the offense occurred (Franklin Lakes Municipal Court, 480 De Korte Drive, Franklin Lakes, NJ 07417) and reviewed for probable cause by a judicial officer (R. 7:2-1, 7:2-2). Indictable offenses (stalking) are referred to the Bergen County Prosecutor's Office, Special Victims Unit, Two Bergen County Plaza, Hackensack, NJ 07601.
A. Complaint-Summons (CDR-1 content)
STATE OF NEW JERSEY, County of Bergen, Franklin Lakes Municipal Court Complainant: Marlene Rodriguez, 1833 Story Avenue, Bronx, NY 10473, (646) 363-4295 Defendant: Frank Patrick D'Antonio, [address], Franklin Lakes, NJ, DOB 04/04/1992
The complainant, by certification, says that to the best of her knowledge, information and belief the named defendant, at Franklin Lakes, Bergen County, on or about the dates below, did:
Count 1 — Harassment, N.J.S.A. 2C:33-4(a), on or about [date of Exhibit A], with purpose to harass, make a communication by telephone to the complainant in offensively coarse language and in a manner likely to cause annoyance or alarm, to wit the voice message set out in Exhibit A.
Count 2 — Harassment, N.J.S.A. 2C:33-4(a), on or about [date of Exhibit B], same, the voice message set out in Exhibit B.
Counts 3–[N] — Harassment, N.J.S.A. 2C:33-4(a), one per further call, text or WhatsApp message in Exhibits D and E.
Count [N+1] — Harassment, N.J.S.A. 2C:33-4(c), between May and July 2026, with purpose to harass, engage in a course of alarming conduct and of repeatedly committed acts with purpose to alarm or seriously annoy the complainant.
Count [N+2] — Stalking, N.J.S.A. 2C:12-10(b) (crime of the fourth degree; for referral to the County Prosecutor), between May and July 2026, purposefully and knowingly engage in a course of conduct directed at the complainant that would cause a reasonable person to fear for her safety or to suffer other emotional distress. [Plead § 2C:12-10(c), third degree, only if a court order prohibited his conduct.]
Certification: I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
_______________________ Marlene Rodriguez Date: ________
B. Letter to the Bergen County Prosecutor, Special Victims Unit
[Letterhead of counsel] [Date]
Bergen County Prosecutor's Office, Special Victims Unit Two Bergen County Plaza, Hackensack, NJ 07601
Re: Marlene Rodriguez — harassment and stalking by Frank Patrick D'Antonio of Franklin Lakes
Dear Prosecutor,
I represent Marlene Rodriguez of the Bronx, New York. Between May and July 2026 Frank Patrick D'Antonio (DOB 4 April 1992, Franklin Lakes) repeatedly called, left voicemails for, texted and messaged Ms. Rodriguez from New Jersey. Two of the voicemails are enclosed with transcripts; in one he demands sexual acts, in the other he threatens her with jail under a restraining order that he himself obtained against her in the Bergen County Family Part (docket FV-02-[ ]-26). Ms. Rodriguez has not responded to him.
The enclosed material supports harassment (2C:33-4) and stalking (2C:12-10(b)). The same conduct is being reported to the Bronx County District Attorney, and we will seek dissolution of Mr. D'Antonio's restraining order in the Family Part on the strength of these messages. We ask that your office review the matter for charging, obtain the carrier records for both numbers, and advise whether you prefer the harassment counts to proceed by citizen complaint in Franklin Lakes Municipal Court.
Enclosures: Exhibits A–F; draft complaint; timeline.
Respectfully, Nathan A. White, Esq. (pro hac vice admission pending), with [local counsel]