Attorney Clifford E Lazzaro's Legal Cases

Criminal defense

State v MC, Union County Superior Court

Feb 01, 2020

OUTCOME: 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.

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.

Sex crime

State v RJ, Passaic County Superior Court

Jan 31, 2020

OUTCOME: Charged with 2 counts of sexual assault, 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 mul ... tiple 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.

DUI and DWI

State v DI, Fort Lee Municipal Court Both DWI's dismissed

Dec 01, 2019

OUTCOME: The defendant received an 18 month probationary sentence, no jail and fines.

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 ingest 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.

Criminal defense

State v RM, Union County Superior Court

Oct 01, 2019

OUTCOME: 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 Ne ... w 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 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.

Criminal defense

State v DP, Essex County Superior Court First degree robbery charges dismissed

Oct 01, 2019

OUTCOME: 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.

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 fema ... le 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.

Criminal defense

State v CB, Hudson County Superior Court

Feb 01, 2019

OUTCOME: 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 pre-trial 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.

Violent crime

State v RBB, Union County Superior Court

Feb 01, 2019

OUTCOME: 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.

Criminal defense

State v Bascus, Marcus, Essex County Superior Court

Jul 24, 2014

OUTCOME: Defendant faced life, accepted 15 year plea deal. The co-defendant is sentenced to 95 years in a state prison with an 89 year period of parole ineligibility.

Marcus Bascus 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 sh ... ootings 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 will dismiss 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. Bascus admitted under oath to agreeing to provide and providing Welch with a loaded .38 cal handgun knowing that Welch 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 Marcus Bascus.

Criminal defense

United States v T F, United States District Court (NJ/ Trenton)

Apr 10, 2014

OUTCOME: 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.

Criminal defense

State v T F, Monmouth County Superior Court

Feb 28, 2014

OUTCOME: 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 inte ... nt 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 plead guilty to 4 out of the 22 counts of the accusation. The defendant plead to 3 counts 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 concurrent 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.

Clifford E Lazzaro's Legal Cases (25)

State v MC, Union County Superior Court

State v RJ, Passaic County Superior Court

State v DI, Fort Lee Municipal Court Both DWI's dismissed

State v RM, Union County Superior Court

State v DP, Essex County Superior Court First degree robbery charges dismissed

State v CB, Hudson County Superior Court

State v RBB, Union County Superior Court

State v Bascus, Marcus, Essex County Superior Court

United States v T F, United States District Court (NJ/ Trenton)

State v T F, Monmouth County Superior Court