Case Results

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only

United States v SM, United States District Court, Camden, August of 2024

SM was indicted in April of 2023 and charged with 26 counts involving allegations of internet fraud, romance fraud, apartment rental fraud (scams), conspiracy to defraud, conspiracy to commit money laundering, concealment money laundering, foreign concealment money laundering, transacting in criminal proceeds, income tax evasion, wire fraud, and mail fraud. The conspiracy in this case began in 2016 and involved 3 other co-conspirators. SM was alleged to have created over 20 bank accounts at US banking institutions where she received over 4 million dollars in US currency which monies were then substantially wired to overseas bank accounts. There were over 100 victims in this case, some of whom lost their life savings. In a negotiated plea, SM plead guilty to 2 counts of tax evasion and was sentenced to 16 months in a federal prison. Case before Judge Christine O’Hearn of the United Dtates District Court for the District of New Jersey, Camden.

State v DW, Essex County Superior Court, July of 2024

Murder and attempted murder case. The client, DW, was charged with one count of murder and one count of attempted murder in addition to conspiracy to commit murder and weapons counts. DW drove from Jersey City to the City Lounge in Newark with 2 passengers inside of his vehicle. Video surveliiance footage showed DW get out of his vehicle with the 2 passengers and go inside of the City Lounge. Video footage also showed the client, DW, exit the club and use his key fob to open his vehicle. A short time later, the 2 passengers committed the shootings. One ran up to the victims and pointed his weapon but the weapon jammed and would not discharge. Another passenger immediately ran up to the victims and fired his weapon. One bullet passed through the neck of the intended target and into the head of another victim, killing him. The defendant faced 30 years in New Jersey State Prison (NJSP) to life on the murder charge and 10 to 20 years on the attempted murder charged subject to 85% sentencing parole ineligibility under the No Early Release Act (NERA). There were no identification issues as to DW as he was clearly seen in multiple videos and still photos. DW’s vehicle was also traced by law enforcement coming from Jersey City and then travelling back to Jersey City after the shootings. The 2 shooters were not identified by law enforcement. In a negotiated plea, the defendant, DW, plead guilty to conspiracy to commit aggravated manslaughter as amended and the remaining counts of the indictment and was sentenced to 10 years NJSP with 85% parole ineligibility under NERA. Case before Judge Patrick Arre of the Essex County Superior Court.

State v MG, Middlesex County Superior Court, April of 2024

Sexual assault case. The client, M.G., was charged with 2d degree sexual assault in the Middlesex County Superior Court for an offense which allegedly occurred in 2022. The client faced a New Jersey State prison sentence of between 5 and 10 years subject to 85% parole ineligibility under the No Early Release Act (NERA), parole supervision for life and Megan’s law. In a negotiated plea, the client pled guilty to 3d degree endangering the welfare of a child and received a sentence in 2024 of parole supervision for life and Megan’s law but avoided incarceration.

State v TW, Somerset County Superior Court, March of 2024

2 counts of murder, one count of attempted murder case. The client, T.W., was charged with 2 counts of murder and 1 count of attempted murder in addition to multiple weapons and conspiracy counts in Somerset County Superior Court. The client faced 60 years without parole on the 2 murder counts plus 10 years subject to NERA (85%) for a total New Jersey State prison sentence of 70 years. The client also faced mandatory extended terms as a persistent felon under the law because of his extensive prior criminal history. Over the course of approximately 2 years, several suppression and dismissal motions were filed by Clifford E. Lazzaro, P.C. and heard by the Court. Through these motions I exposed significant proof issues with the State’s case. In a negotiated plea, the client pled guilty to first degree conspiracy to commit murder and was sentenced to 10 years at 85% parole ineligibility under the No Early Release Act (NERA).

State v JE, Mercer County Superior Court, January of 2024

First degree drug/ cds case. The client, J.E., was charged with 1st degree possession with the intent to distribute a controlled dangerous substance (cocaine) in 2021 in the Mercer County Superior Court. The client faced between 10 and 20 years in a New Jersey State prison. I was able to negotiate an amended plea to 2d degree possession with the intent to distribute. I recommended to the client that he make application to drug court. The client was accepted into Drug Court in early 2024. The client was sentenced to the special probation of Drug Court and avoided a lengthy New Jersey State prison sentence.

SV vs RS, Passaic County Superior Court, 2024

Temporary Restraining Order (TRO) dismissal case. Client’s wife filed for a temporary restraining order (TRO) against him in the Passaic County Superior Court. At the final restraining order (FRO) hearing in April 2024, I was able to get the restraining order dismissed. The alleged victim, RS’s wife, was not credible and fabricated false allegations of domestic violence.

State v MSM, Bergen County Superior Court, March of 2023

Sexual assault case. The client, MSM, was charged with 2d degree sexual assault in the Bergen County Superior Court in 2020 for an offense which allegedly occurred in October 2018. The client faced between 5 and 10 years in New Jersey State prison subject to the No Early Release Act (NERA). The client was alleged to have sexually assaulted (digital penetration) a female under the age of 16. The assault allegedly occurred in a public park during daylight hours. In my review of the discovery, I zeroed in on lack of evidence as there were no eye witnesses, video surveillance footgage, medical records or DNA. In a negotiated plea, the client pled guilty/sentenced in 2023 to 3d degree endangering the welfare of a child under neglect. The plea avoided Megan’s law.

State v PW, Union County Superior Court, May of 2022

2 counts of first degree attempted murder, first degree unlawful possession of a weapon, second degree certain persons not to possess weapons, etc. case, 3 INDICTMENTS-ALL COUNTS DISMISSED. The defendant was charged with 2 counts of first-degree attempted murder and numerous weapons offenses including a first-degree unlawful possession of a weapon, second degree certain persons not to possess a weapon for an incident which occurred on August 31, 2020. Each of the 2 victims were shot 3 times with a handgun at close range in a drive by shooting which occurred at night. One victim could not make an identification. The other victim identified the defendant, PW. The arrest was based solely on a suggestive identification. The defendant was indicted in August of 2021. The Grand Jury returned 3 indictments against the defendant. The defendant moved to suppress the suggestive out of court identification and to have the case dismissed. An examination of all of the Henderson factors indicated a very substantial likelihood of irreparable misidentification in addition to misconduct by the Plainfield Police Department by suggesting to the victim that PW was the shooter. Clifford E. Lazzaro, PC filed a 74-page letter brief in support of the motion to suppress the suggestive out of court identification and to have the case dismissed. The client, P.W., was charged in 3 indictments with 2 counts of first degree attempted murder, mutiple weapons counts, 2d degree possession of a weapon by a convicted felon and 1st degree unlawful possession of a weapon in the Union County Superior Court. The State dismissed all 3 indictments against the defendant in May of 2022 before the Criminal Presiding Judge, Regina Caulfield.

State v SR, Union County Superior Court

Sexual Assault case. The defendant was charged by way of a four (4) count indictment with one count of second degree sexual assault against a minor, one count of second degree attempted sexual assault, one count of third degree endangering the welfare of a child and one count of third degree attempted endangering the welfare of a child. Defendant was subject to 85% sentencing of between 5 and 10 years on each second degree count under the No Early Release Act (NERA) and Megan’s Law sentencing. After a 2 week trial in early August, 2010, the jury deliberated approx. 3 hours and 20 minutes and the defendant was found not guilty on all 4 counts. Clifford E. Lazzaro tried the case

State v FG, Union County Superior Court

Sexual assault case. Rape charge dismissed during trial. The defendant was charged with one count of second degree sexual assault. Defendant was subject to NERA (85%) sentencing between 5 and 10 years and Megan’s Law sentencing. The defendant invited a party planner to his home to arrange a party. While at the defendant’s home, the parties engaged in consensual sex. A few days after the incident, the victim filed a police report alleging rape. Both the victim’s and defendant’s DNA were found on the victim’s clothing. The rape trial began in November, 2010. The State’s first witness was subjected to a highly destructive cross-examination by Clifford E. Lazzaro. In the middle of trial, the State offered to amend (dismiss) the second degree sexual assault count to third degree terroristic threats with a recommendation for a probationary sentence. The Defendant accepted the amended probationary plea which no longer had NERA (85%) and Megan’s Law consequences. Clifford E. Lazzaro, Esq. tried the case.

State of New Jersey in Interests of DG (Juvenile), Middlesex County Superior Court

Juvenile was accused of first degree armed robbery, second degree armed robbery and distribution of CDS. State threatened to waive the juvenile case for adult prosecution if the juvenile did not enter a guilty plea. Juvenile entered a guilty plea to all charges listed above and State recommended an 8 year indeterminate sentence in a youth facility. Clifford E. Lazzaro submitted significant positive background history (Juvenile was a star athlete recruited by several colleges) and a detailed sentencing memorandum outlining the mitigating factors to the Court. A mentor from the youth house testified at sentencing on behalf of the juvenile. The juvenile had no prior history of juvenile delinquency and had never had the benefit of any prior probationary supervision. The Court sentenced the juvenile to a 3 year indeterminate sentence over the objection of the Middlesex County Prosecutor’s Office. 2014 case.

State v NG, Middlesex County Superior Court

The defendant was 18 years old at the time of the incident. The defendant was accused of aggravated sexual assault against his best friend’s younger brother (age 10), Allegations of torture, anal intercourse and fellatio. DNA evidence mixed together and matching both defendant and victim recovered at the crime scene by the State. The defendant was administered a polygraph examination. The defendant faced a period of incarceration of 75 years in a New Jersey State Prison. In a negotiated plea, the defendant received 8 years New Jersey State Prison subject to the No Early Release Act or 85% rule and Megan’s Law, This was a damage control plea which minimized the significant state prison exposure the defendant was facing. 2013 case.

State v JS, Monmouth County Superior Court

The defendant issued over $550,000.00 in Bad Checks to Monmouth Raceway Track. The checks were issued over a several month period of time. The defendant initially faced second degree sentencing exposure between 5 and 10 years in New Jersey State Prison (NJSP). The negotiated plea in August of2010 amended the charge to one count of issuing a Bad Check, a third degree offense. At sentencing in November of 2010, the defendant received non-custodial, no jail probation with the requirement that he make restitution of $2000.00 per month over the course of a 5 year period of probation. Clifford E Lazzaro handled the plea and sentencing.

SUCCESS ON APPEALS:

Guilty verdicts can sometimes be reversed at the Appellate level and Clifford E. Lazzaro, P.C. thoroughly reviews trial transcripts in order to ascertain the viability of appeal. Issues on appeal can include prosecutorial misconduct, ineffective assistance of counsel or errors made by the Court on the law.

In State v. Anthony Conigliaro, 356 N.J. Super. 54 (App.Div.2002), the Defendant, was charged with two counts of criminal sexual contact, N.J.S.A. 2C:14-3(b), and two counts of child abuse, N.J.S.A. 9:6·3. After a jury trial, the defendant was found guilty on one count of each charge. Concurrent sentences of fifteen months imprisonment were imposed on each count along with appropriate penalties. Defendant was also required to register under Megan’s Law and to provide a blood sample for DNA analysis. Clifford E. Lazzaro, P.C. handled the appeal and served only as appellate counsel. In a published decision, the Appellate Division reversed the Defendant’s guilty verdict and remanded the matter back to the Trial Court on the grounds that the admission by the Trial Court of a writing into evidence as an “excited utterance” under New Jersey Rule of Evidence 803(c)(2) as a hearsay exception was reversible error, as it was not cumulative, and went with the jury as an exhibit during deliberations.

Clifford E. Lazzaro, P.C. has successfully defended victims of Racial Profiling:

In State v. Aloysius Paul, A-4731-98T1, following a jury trial, the Defendant was convicted of first degree possession of one kilo of cocaine with intent to distribute and sentenced to a fifteen year sentence with five years to be served before parole eligibility, Clifford E. Lazzaro, P.C. handled the appeal and served only as appellate counsel. In the appeal, the Defendant claimed ineffective assistance of counsel for previous counsel’s failure to raise the issue of racial profiling. The Appellate Division found that the issue of racial profiling was properly preserved and ordered that the matter be remanded to the Trial Court. The Defendant’s guilty verdict was subsequently vacated.

In State v. Ryan Scott, Indictment No. 00-01-0083, the Defendant, an African American, was stopped at a convenience store located at a service area on the New Jersey Turnpike. Two New Jersey State Troopers stopped the Defendant and requested his driving credentials. In the police report, the troopers cited illegal parking by the defendant, along a yellow painted curb directly in front of the convenience store, as the reason for the stop. The defendant produced valid driving credentials. The Trooper requested that the defendant consent to a search of the vehicle. The defendant refused to sign a consent to search form, The troopers brought in a narcotic detector dog to “sniff” the vehicle for the presence of narcotics despite the lack of consent either orally or in writing from the Defendant. Based on the results of “sniff”, the troopers obtained a search warrant for the vehicle. A search of the vehicle was conducted, whereupon approximately 37 oz. of crack cocaine was recovered, In July, 1999, the Defendant and the co-defendant passenger, were indicted on first degree possession of cocaine with the intent to distribute, third degree possession of cocaine, and second degree Conspiracy. Clifford E. Lazzaro, P.C. maintained a position that the New Jersey State Police were exercising a system of profiling African Americans which they applied to this vehicle, violating the Defendant’s Fourteenth Amendment rights of Equal Protection and Due Process not to be discriminated against due to his minority status, Clifford E. Lazzaro, P.C. filed a Motion Requesting Discovery Alleging Racial Profiling by the New Jersey State Police. Subsequent to the filing of the motion, the New Jersey Division of Criminal Justice filed a Motion to Dismiss the Indictment against the Defendant “in the interest of justice” due to the allegations of Racial Profiling. By Order of the Honorable Walter R. Barisonek, J.S.C., of the Union County Superior Court, the Defendant’s Indictment was dismissed.

State v JS, Somerset County Superior Court

Second Degree Drug Charges Dismissed
This was a multi-defendant narcotics and weapons case out of the Somerset County Prosecutor’s Office Organized Crime and Narcotics Task Force. 50 defendants charged in this case. Defendant was alleged to be a supplier of cocaine and heroin. The defendant was charged with 2 counts of second-degree conspiracy to distribute over one-half ounce of cocaine and heroin and 1 count of third-degree criminal facilitation (money laundering). The State’s proofs linking this defendant to a narcotics distribution conspiracy were non-existent. Materially false information about this defendant and alleged narcotics activities was provided to a Superior Court Judge who issued a search warrant for his residence. The search warrant was executed in late February of 2020 at JS’s residence and no cocaine or heroin was recovered. A search of JS’s person at the time of arrest did not result in the recovery of any cocaine or heroin. However, the search of JS’s residence did result in the recovery of less than 50 grams of marijuana and approx. $48,000 of US currency. In a negotiated plea, the State dismissed the 2 second degree conspiracy to distribute cds charges and the defendant pled guilty to the third-degree money laundering charge. Fines only. No probation. The State returned just over $24,000 in seized currency to JS as part of the civil forfeiture settlement. The matter was heard before Judge Qasim in late September of 2021.

State v MC, Union County Superior Court

1st Degree cocaine case, Received 3 with 18
The defendant was arrested in February of 2019 and charged with first degree possession of over 5 ounces cocaine with the intent to distribute. Defendant faced a minimum sentence of 10 years with 3 and 1/3 years of parole ineligibility. The defendant alleged that he was holding cocaine for a drug dealer who was paying him on a regular basis to store the drugs. The defendant alleged that the same drug dealer who was paying him to store drugs set him up after the drug dealer was arrested on a prior drug case. The defendant provided the State with exculpatory digital discovery. In a negotiated plea, the defendant pled guilty to possession of cocaine with the intent to distribute with a recommended sentence of 3 years New Jersey State Prison with 18 months of parole ineligibility. The defendant was sentenced by Judge John M. Dietch in February of 2020 to a 3 year term with a parole ineligibility stip of 18 months.

State v DP, Essex County Superior Court

First degree robbery charges dismissed
The defendant was arrested in June of 2019 and charged with first degree robbery, third degree aggravated assault and third degree terroristic threat. The defendant was alleged to have beaten up a female and stolen her money from inside her purse. The Court issued an order of pretrial detention on June 7, 2019. While Defendant was held in detention at the Essex County Jail, Defendant hired Clifford E Lazzaro, Esq. in July of 2019 to represent him. The victim reached out to defense counsel and indicated that she did not wish to proceed with the criminal charges against the defendant and wanted to see the case dismissed. The victim also stated that she had previously told the assistant prosecutor assigned to the case at the Superior Court level that she did not wish to go forward with the prosecution, that she wanted the defendant released from custody and that she would not be available to testify at trial. The State initially refused to dismiss the case. The victim gave a sworn statement to defense counsel which served as the basis to reopen the detention hearing and on August 2, 2019, Judge Nancy Sivilli released the defendant from custody. On August 19, 2019, the case was downgraded and remanded to municipal court. At the municipal level, the State moved to dismiss the case for lack of prosecution and Judge Anthony J. Frasca dismissed the matter in October of 2019.

State v DI, Fort Lee Municipal Court

Both DWI’s dismissed
In June of 2019, the defendant was operating a commercial van and was driving senior citizens to their medical appointments. The van was equipped with a video camera which captured the driver stopping the van occupied with senior citizens and making a street purchase of ketamine. The camera also recorded the driver ingesting the ketamine and thereafter go into a trance-like state and drive the commercial van onto a sidewalk and up a grassy hill. Witnesses contacted the police who responded to the scene. The police observed the incoherent and heavily sedated driver and promptly placed him under arrest charging him with a disorderly persons offense (endangering the welfare of another person) and numerous motor vehicle offenses such as commercial DWI, basic DWI, failure to maintain lane, careless driving, driving on a sidewalk, disregarding traffic on marked lanes, etc. A blood search warrant was obtained by the police and the defendant’s blood was drawn. A lab report determined that the defendant had ketamine in his system. The defendant hired an expert challenging the lab results. As a result of the expert’s report, both the commercial and the basic DWI charges were dismissed by the municipal prosecutor. The defendant entered a guilty plea to the disorderly persons offense, careless driving, disregarding traffic on marked lanes and improper driving on a sidewalk. The defendant received an 18-month probationary sentence, no jail and fines. The Defendant was sentenced in December of 2019 by Judge John R. DeSheplo.

State v RJ, Passaic County Superior Court

Charged with 2 counts of sexual assault, CASE DISMISSED
The defendant was arrested in March of 2012 and charged with committing acts of sexual assault with 2 different minor children, ages 5 and 6 respectively. The defendant was subsequently indicted on multiple second and third degree offenses subjecting the defendant to Megan’s law reporting requirements and parole supervision for life (PSL). The defendant rejected all plea offers recommending state prison and subjecting the defendant to Megan’s Law and PSL. Defendant elected to exercise his constitutional right to trial which was scheduled for December of 2019. The defendant filed a motion and brief to suppress the victim’s out of court statements about sexual acts when they were less than 12 years of age pursuant to NJRE 803 (c) (27). The defendant also filed a brief in opposition to the State’s motion to admit in evidence other crimes in the present trial pursuant to NJRE 404 (b). In the middle of evidentiary hearings, the State offered the defendant a plea in November of 2019 to fourth degree neglect under Title 9:6-1, a non Megan’s law offense with a recommendation of 6 months in the Passaic County Jail. The defendant accepted that reduced plea and was sentenced by Judge Adam E. Jacobs in January of 2020 to time served.

State v RM, Union County Superior Court

Vehicle stop, gun possession charge dismissed
The defendant was charged in October of 2018 with second degree unlawful possession of a weapon (gun) and fourth degree possession of hollow-point bullets. The defendant received an offer of 5 years New Jersey State Prison (NJSP) with 42 months of parole ineligibility under the Graves Act. The defendant was indicted and filed a motion to suppress alleging that his fourth amendment right to be free from unreasonable search and seizure was violated by the police. In the suppression brief, the defense argued that the police conducted an illegal search of the defendant’s motor vehicle under the false pretext of an overwhelming odor of burnt marijuana coming from the console compartment between the front seats of the car. The “overwhelming odor of marijuana coming from the console” were the police officer’s own words captured on his bodycam. The police searched the interior compartment of the car and found no drugs and illegally extended the search into the trunk claiming that the marijuana was now strongly emanating from the trunk area where the handgun loaded with hollow-point bullets was eventually recovered. No marijuana or other drugs were recovered from a search of the motor vehicle trunk. The police officer’s body cam video footage contradicted the false information contained in the same police officer’s own incident report. The police lied in the police reports alleging the false smell of marijuana as the legal basis to conduct a warrantless search of the defendant’s vehicle. The State dismissed the weapon charge and the hollow point bullet charge at the start of the suppression hearing. October of 2019 result before Judge Lisa Walsh.

State v RBB, Union County Superior Court

Defendant faced 40+ years, received 364 days
The defendant was charged in November of 2018 with attempting to murder an immediate family member along with numerous weapon (handgun) and drug possession offenses. The defendant gave an incriminating statement at the time of arrest admitting to the shooting and leading the police to where the gun was buried. Several shell casings were recovered at the scene. The victim’s heart was penetrated as a result of the shooting. In a negotiated plea, the defendant pled guilty to second degree possession of a weapon for an unlawful purpose and was sentenced in February of 2019 by Judge Robert Kirsch to 364 days in the Union County Jail as a condition of 5 years probation.

State v CB, Hudson County Superior Court

Faced 25 years to life, accepted probation
The defendant was arrested and charged with first degree aggravated sexual assault of a child under the age of 4 in May of 2018. Defendant faced sentencing exposure of 25 years to life for first degree aggravated sexual assault of a child under the age of 4. The State sought pre-trial detention of the defendant on the basis that there is a presumption of incarceration because the charge involved an allegation of rape of a child under the age of 4. Defense counsel argued at the detention hearing that the State could not meet it’s burden of proof of guilt beyond a reasonable doubt in this case as DNA was negative and the rape kit results were inconclusive. The defendant was released by the Court at the detention hearing on pretrial release conditions. The defendant was indicted in August of 2018. The defendant filed a letter brief in opposition of the State’s motion to admit certain evidence pursuant to NJRE 404 (b). In the middle of evidentiary hearings, the State offered the defendant a plea in January of 2019 to fourth degree neglect under Title 9:6-1, a non Megan’s law offense with a recommendation of probation, which the defendant accepted. The defendant was sentenced to no jail probation in February of 2019 by Judge Sheila A. Venable.

State v AB, Somerset County Superior Court

Defendant accepted into the Drug Court Program.
The defendant was arrested after a motor vehicle stop where 23 pounds of marijuana were recovered from the vehicle’s trunk during a consent search. The defendant was indicted and charged with second-degree possession of marijuana with the intent to distribute. Initial post-indictment plea offer of 6 years New Jersey State Prison (NJSP) with 30 months of parole ineligibility. 2016 case.

State v VM, Passaic County Superior Court

Defendant found not guilty of statutory rape
The defendant was indicted on 5 counts by a Passaic County Grand Jury. He was formally charged with second degree sexual assault, fourth degree criminal sexual contact, third degree endangering the welfare of a child, third degree tampering with a witness and fourth degree contempt. The defendant was 28 years old at the time of the offense and alleged to have picked up the 15 year old victim (next door neighbor) from school at 8 am and taken her to a hotel where he engaged in sexual intercourse with the victim. Afterwards, he was alleged to have dropped the victim off on a city street and went to work. The school contacted the victim’s mother when the daughter was not present for homeroom and the police responded to the victim’s home and school. The victim was eventually located and she gave several conflicting versions of events of the incident. She was taken by the police to the local hospital where she refused a rape kit test. Additionally, the police conducted no investigation of the crime scene. No video surveillance was recovered from the hotel. No witnesses from the hotel were questioned as to identifications of the defendant and juvenile. No proof of payment to the hotel made by the defendant on the date of incident was gathered by the police. Most importantly, no DNA or other scientific evidence was gathered by the State in this case. After a 2 week Jury trial in Passaic County Superior Court in July of 2017, the Jury returned a verdict of not guilty in one hour and 5 minutes on second degree sexual assault, fourth degree criminal sexual contact and third degree endangering the welfare of a child. The State dismissed the witness tampering and contempt charges after trial.

State v ER, Essex County Superior Court

Gun case downgraded to disorderly person offense
In June of 2017, Defendant was arrested at Newark Liberty international Airport and charged with third degree unlawful possession of a weapon with first obtaining a permit to carry. The defendant was indicted by an Essex County Grand Jury in August of 2017. The defendant packed his travel bag at his residence in Philadelphia, PA forgetting to remove a BB gun that he had purchased for recreational purposes and previously placed inside it. About to board an international flight to Israel with his family, the weapon was discovered by TSA during an x-ray scan and the defendant was arrested. Plea negotiations resulted in the third degree weapon’s offense being downgraded to a disorderly persons offense with imposition of a fine only (no probation, no community service, etc.).

State v KB, Essex County Superior Court

Rape charge, received Pretrial Intervention
Defendant was indicted in September of 2015 and charged with one count of first degree aggravated sexual assault, one count of second degree sexual assault and two counts of third degree aggravated criminal sexual contact. Defendant was employed by a New Jersey company responsible for providing care for developmentally disabled individuals. The 62 year old developmentally disabled victim claimed that the defendant sexually assaulted her in a shower by digital penetration and that defendant masturbated during the incident. Defendant claimed that he never went into the shower area with the victim and never had any inappropriate contact with the victim. The police never conducted a crime scene investigation of the shower area to collect DNA. Additionally, there were no eyewitnesses to the event or video surveillance footage capturing the alleged assault. Defendant had no prior criminal history and victim had a history of making false allegations of sexual assault against caregivers. The defendant faced a 17 year period or parole ineligibility if convicted of the charges. Defendant was offered a plea to first degree aggravated sexual assault with a recommendation that he serve 12 years in New Jersey State Prison (NJSP) subject to Megan’s Law, Parole Supervision for Life (PSL), an Adult Diagnostic Test Center (ADTC) evaluation for sexual offenders and no victim contact. In April of 2016, Defendant rejected the plea and elected to exercise his constitutional right to proceed to trial. Immediately prior to trial, the victim was re-interviewed by the Essex County Prosecutor’s Office and determined not to be credible. The defendant was offered Pretrial Intervention (PTI) which he accepted in December of 2016.

State v AD, Essex County Superior Court

Received probation on 9mm gun case
Defendant was indicted by an Essex County Grand Jury in May of 2015. He was charged with second degree unlawful possession of a 9 mm handgun without first obtaining a permit to carry same. The State offered the defendant a reduced plea of 3 years New Jersey State Prison (NJSP) with a one year period of parole ineligibility under a Graves Act exception. The defendant rejected that offer. In January of 2015, the defendant was stopped by an unmarked police vehicle for driving with a suspended license and for operating a Jeep Cherokee with dark tinted windows, front and back. The police immediately placed the defendant into custody for driving with a suspended license and began to question the defendant without administering his Miranda rights. The police asked whether or not the defendant possessed a weapon inside the vehicle. The defendant allegedly admitted to possession and knowledge of 9mm handgun under the front passenger seat inside of his vehicle. A Motion to Suppress Oral Admissions and a Motion to Suppress Physical Evidence Seized under the Exclusionary Rule were filed on behalf of the defendant. Prior to the motions being heard, the State made a non-custodial (no jail) probationary plea offer to the defendant, which he accepted. The defendant was sentenced to probation in October of 2016.

State v DL, Union County Superior Court

Received non-custodial (no jail) probation
The defendant was indicted in February of 2015 by a Union County Grand Jury on 9 counts including 3 counts of first degree aggravated sexual assault, 5 counts of second degree sexual assault and one count of second degree endangering the welfare of a child. A PreTrial Memorandum (Plea Cut Off Form) was executed in January of 2016. The defendant faced a maximum period of incarceration of 120 years in New Jersey State Prison (NJSP) with a maximum period of 98 years of parole ineligibility. Defendant was alleged to have repeatedly molested through acts of sexual penetration the victim since the age of 6 and throughout the victim’s teenage years. There was video evidence of the defendant engaging in sexual intercourse with the victim. The victim was in his mid 20’s when the sex assault charges were filed against the defendant, the victim’s step father. The charges were vigorously contested through pre-trial motions (Rule 401, Rule 403 (a) and Rule 901 hearings and a motion to dismiss indictment) where the victim’s credibility was repeatedly attacked. The initial plea offer was 10 years New Jersey State Prison subject to the No Early Release Act (NERA) or 85 percent rule, Megan and Nicole’s Law and Parole Supervision for Life (PSL). Immediately prior to trial, the State offered an amended plea to third degree child endangerment with a recommendation of non-custodial (no jail) probation subject to Megan’s Law and Nicole’s Law and Community Supervision for Life. Defendant was sentenced in January of 2017.

State of New Jersey in Interest of DG (Juvenile), Middlesex County Superior Court

Juvenile received 3 year indeterminate sentence
Juvenile was accused of first degree armed robbery, second degree robbery and distribution of CDS. State threatened to waive the juvenile case for adult prosecution if the juvenile did not enter a guilty plea. Juvenile entered a guilty plea to all charges listed above and State recommended an 8 year indeterminate sentence in a youth facility. Clifford E. Lazzaro submitted significant positive background history (juvenile was a star hs athlete recruited by several colleges) and a detailed sentencing memorandum outlining the mitigating factors to the Court. A mentor from the youth house testified at sentencing on behalf of the juvenile. The juvenile had no prior history of juvenile delinquency and had never had the benefit of any prior probationary supervision. The Court sentenced the juvenile to a 3 year indeterminate sentence over the objection of the Middlesex County Prosecutor’s Office. 2014 case.

State v MB, Essex County Superior Court

Defendant faced life, accepted 15 year plea deal
M B accepted responsibility and entered a guilty plea on June 5, 2014 to First Degree Conspiracy to Commit Murder and Second Degree Unlawful Possession of a Weapon (handgun) related to the shootings which occurred on September 25, 2010 at an off-campus Seton Hall University fraternity party in East Orange, New Jersey. One person died and 4 others were wounded during the gunfire. Pursuant to the plea agreement, the State is recommending a maximum 15 year sentence subject to NERA (85%) law and the Graves Act. At sentencing, State dismissed 8 remaining counts of the indictment-First Degree Murder, 4 counts of First Degree Attempted Murder, First Degree Felony Murder, Second Degree Burglary and Second Degree Possession of a Weapon for an Unlawful Purpose. The co-defendant in this case, NW, was convicted after a jury trial earlier this year (2014) and sentenced on May 30, 2014 to 95 years in a state prison with an 89 year period of parole ineligibility. MB admitted under oath to agreeing to provide and providing the co-defendant, NW, with a loaded .38 cal handgun knowing that NW was going to illegally enter the off-campus fraternity party and shoot people with the gun causing death and/ or serious bodily injury. This was a damage control plea. Clifford E. Lazzaro, Esq. handled the plea and the entire case on behalf of MB.

United States v TF, United States District Court (NJ/ Trenton)

The defendant faced 24 to 30 months, received 12
The defendant was charged with violating the terms and conditions of supervised release on a prior federal drug conviction and faced incarceration of 24 to 30 months consecutive to state sentencing in Monmouth County Superior Court. The defendant entered a guilty plea in federal district court to committing new criminal offenses (see Monmouth County 22 Count Accusation referenced above) while on supervised release. Clifford E. Lazzaro, Esq, successfully argued at sentencing for a 12 month term of imprisonment on the supervised release violation. 2014 case.

State v TF, Monmouth County Superior Court

The defendant faced 150 years, received 5 years
The defendant was charged by way of a 22 Count Accusation with four (4) counts of third degree possession of a controlled dangerous substance (cds), 4 counts of third degree possession of cds with intent to distribute, 4 counts of third degree distribution of cds, 4 counts of second degree possession of cds with the intent to distribute within 500 feet of public housing, 4 counts of second degree distribution of cds within 500 feet of public housing, 1 count of third degree possession of cds within 1,000 feet of a school and one count of third degree distribution of cds within 1,000 of a school. CDS in this case was Methylone (Molly). The defendant had an extensive prior criminal history for indictable or felony offenses involving cds distribution offenses and was subject to a mandatory extended term. Plea deal negotiated by Clifford E. Lazzaro. The defendant pleaded guilty to 4 out of the 22 counts of the accusation. The defendant pleaded to 3 counts of third degree distribution of cds and one count of third degree distribution of cds within 1,000 feet of a school. The remaining 18 counts of the Accusation were dismissed at sentencing. All counts to run concurrently with one another. The defendant received a 5 year term New Jersey State Prison (NJSP) with 30 months of parole ineligibility. Mandatory extended term waived by the state as part of plea. 2014 case.

State v KD, Monmouth County Superior Court

Gun case dismissed
The defendant was arrested in Dec. of 2013 and later indicted and charged with one count of second degree unlawful possession of a firearm (handgun), one count of third degree receipt of stolen property (stolen Hi Point 40 caliber handgun) and one count of third degree possession of CDS. The defendant’s plea offer was 7 years New Jersey State Prison (NJSP) with 42 months of parole ineligibility. Case dismissed in September of 2014.

State v NG, Middlesex County Superior Court

Defendant faced 75 years, received 8 years
The defendant was 18 years old at the time of the incident. The defendant was accused of aggravated sexual assault against his best friend’s younger brother (age 10), Allegations of torture, anal intercourse and fellatio. DNA evidence mixed together and matching both defendant and victim recovered at the crime scene by the State. The defendant was administered a polygraph examination. The defendant faced a period of incarceration of 75 years in a New Jersey State Prison. In a negotiated plea, the defendant received 8 years New Jersey State Prison subject to the No Early Release Act or 85% rule and Megan’s Law, This was a damage control plea which minimized the significant state prison exposure the defendant was facing. 2013 case.

State v RS, Ocean County Superior Court

Defendant faced 88 years, received 8 years
The defendant was charged with multiple second degree sexual assault counts on behalf of five (5) child victims. Three of the victims were the defendant’s grandchildren. The victims ranged between the ages of 6 and 14. The State possessed very compelling videotape evidence from some of the victims. Some of the victims were determined to be credible. A polygraph examination was administered to the defendant. The defendant faced a period of incarceration of 88 years in a New Jersey State Prison. In a negotiated plea, the defendant received 8 years New Jersey State Prison subject to the No Early Release Act or 85% rule and Megan’s Law. This was a damage control plea which minimized the significant state prison exposure the defendant was facing. 2013 case.

State v JH, Monmouth County Superior Court

Defendant faced 50 years, received a Flat 4 year
The defendant was indicted on eight (8) counts by a Monmouth County Grand Jury. He was formally charged with two (2) counts of third degree possession of a controlled dangerous substance (cds-heroin and cocaine), two (2) counts of third degree possession of cds with the intent to distribute, two (2) counts of third degree possession of cds with the intent to distribute within 1,000 feet of a school and two (2) counts of second degree possession of cds with the intent to distribute within 500 feet of a public park. The defendant faced 50 years and received a plea offer from the State of 10 years with 51 months of parole ineligibility. Defendant was also subject to a mandatory extended term as a result of prior cds distribution convictions. Illegal search and seizure by the police during a motor vehicle stop in this case. Compromise reached and State offered a flat five (5) year term in exchange for a guilty plea to one count of third degree possession of cds and two (2) motor vehicle offenses. Remaining 7 counts of the indictment for dismissal at sentencing. Defendant accepted amended plea deal. Clifford E. Lazzaro induced the Court at sentencing to impose a flat four (4) year term. 2011 Case.

State v BA, Monmouth County Superior Court

Defendant faced over 31 years, received 6 months
The defendant was indicted on four (4) counts by a Monmouth County Grand Jury. He was formally charged with one count of second degree possession of a weapon (handgun) for an unlawful purpose (he faced 10 years subject to 85 percent under NERA on this count), one count of second degree unlawful possession of a weapon, one count of fourth degree aggravated assault by pointing a firearm and one count of second degree certain persons not to have weapons (he faced 10 years with a mandatory minimum 5 year period of parole ineligibility on this charge alone) . The defendant had a significant prior criminal indictable history. The defendant was alleged to have fired several shots at the victim during an altercation on the street. The police recovered the handgun. No DNA or fingerprints of the defendant found on the weapon. No gunpowder residue found on the defendant who was arrested at the scene. In this case, the defendant was confronted by the victim at the victim’s estranged wife’s residence. The defendant was sleeping with the estranged wife of the victim at the time of the incident. The victim’s estranged wife had a restraining order against the victim prohibiting him from going to the victim’s home. The victim broke down the victim’s front door (committing a burglary) and confronted the defendant who was naked and in bed. The defendant managed to run out of the residence and the victim chased the defendant for several blocks. It was suggested that the victim used his own gun to fire at the defendant and then tossed the weapon into a yard after the police were called by the estranged wife. In a negotiated plea by Clifford E. Lazzaro, the defendant pled guilty to an amended charge of fourth degree hindering apprehension and received a six (6) month county jail sentence concurrent to a six (6) month sentence on a violation of probation on another indictable case. All remaining counts of the indictment were dismissed at sentencing. 2011 case.

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only