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Case Results

State v S R, Union County Superior Court.

Defendant was found not guilty on all 4 counts. -

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.

State v A E, Monmouth County Superior Court.

The defendant was facing 40 years & received 4 -

The defendant was charged with three (3) counts in an indictment with first degree racketeering, first degree conspiracy to commit racketeering, and second degree witness tampering. The defendant faced NERA (85%) sentencing of 40 years on the first degree racketeering counts not including applicable extended terms. The negotiated plea at the end of June, 2010 resulted in dismissal of both of the first degree racketeering counts and a guilty plea to witness tampering as amended to a third degree offense. The defendant received a 4 year flat term New Jersey State Prison (NJSP). The defendant is alleged to be a four (4) star general in the Bloods Gang.

State v J S, Monmouth County Superior Court.

Received non-custodial, no jail probation -

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 of 2010 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 $2,000.00 per month over the course of a 5 year period of probation.

State v F G, Union County Superior Court.

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.

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

Juvenile recieved 3 year indeterminate sentence -

Juvenile was accused of first degree armed robbery, second degree robbery and distribution of CDS. State threatened to waive juvenile case for adult prosecution if juvenile did not enter 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 N G, 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 R S, 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 Bascus, Marcus, Essex Superior Court

Defendant faced life, accepted 15 year plea deal -

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 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 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. The co-defendant in this case, Nicholas Welch, 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. 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.

United States v S L

Faced 51 to 63 months, received 24 months -

The defendant was federally criminally charged with commercial bribery and tax evasion. He was employed by Sprint in a managerial capacity and responsible for the assignment of multimillion dollar commercial contracts to vendors who performed the telecommunication giant's infrastructure work in the northeast corridor. The defendant would receive a 10 percent kickback usually in the form of US Currency from each of the vendors that he directed the contract work. Over a million dollars in cash and property was seized at the time of the defendant's arrest. The defendant plead guilty to one count of mail fraud and 3 counts of tax evasion. The defendant faced 51 to 63 months (level 24) under the federal sentencing guidelines. Restitution owed to Sprint at the time of sentencing was in excess of $530,000. Clifford E. Lazzaro argued for the imposition of a sentence well below the guideline range of 51 to 63 months. The Court sentenced the defendant to 24 months and further ordered that restitution in excess of $530,000 be paid out of the defendant's seized property. The defendant was required to amend his tax returns and pay all taxes, interest and penalties on the seized property-the kickback money received and never reported to IRS during the commercial bribery scheme. 2009 case.

United States vs. LB

Defendant faced 51-63 months, received 30 months -

The defendant was federally charged and plead guilty to one count of possession of child pornography pursuant to 18 USC 2252A (a) (5) (B), a Class C felony. The defendant was found to be in possession of over 600 images of child pornography stored on a computer hard drive and also over 600 images of child pornography stored on a computer disc on June 29, 2006. The defendant faced up to 10 years in federal custody and a fine of up to $250,000.00. The Total Offense Level under the federal sentencing guidelines was 24 and the Guideline Range for imprisonment was 51 to 63 months. As a result of defendant's Pre-Sentence Report Memorandum, the Court imposed a variance to a level 19 and the defendant was sentenced on April 8, 2008 to a term of 30 months. The sentence imposed by the Court was below the advisory guideline range of 51 to 63 months because of the nature and circumstances of the offense and the characteristics of the defendant did not properly reflect the defendant's culpability. Clifford E. Lazzaro negotiated the plea and argued at the sentencing in the above matter.

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  • Accused of a Crime?

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  • Matrimonial Issues

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