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FIRM
PROFILE
Clifford E. Lazzaro &
Associates, P.C. is a small full service law firm which provides
their clients with a high degree of personalized attention and focuses
on criminal defense, family law and real estate in central and northern
New Jersey.
Clifford E. Lazzaro & Associates, P.C. has successfully and
aggressively litigated on behalf of their clients throughout the
State of New Jersey in the following areas:
CRIMINAL DEFENSE, including Trials and Appeals in State and Federal
Court for Drug Possession and Drug Distribution offenses, Homicide,
Vehicular Homicide, Attempted Murder, Aggravated Assault, Robbery,
Weapon offenses, Burglary, Theft related offenses, Sex Crimes and
"Megan's Law" issues, White Collar Crimes, Bank Fraud,
Stock Fraud, SEC Hearings, Money Laundering, RICO offenses, Organized
Crime, Asset Seizure and Forfeiture and all aspects of Municipal
Court, including Driving While Intoxicated and other traffic offenses.
Please note that the firm regularly conducts Suppression Hearings
on Fourth Amendment Unreasonable Search and Seizure Issues.
FAMILY LAW, including Divorce, Child Custody, Child Support, Visitation
and Parenting Time, Paternity, Spousal Support, Asset Allocation,
Restraining Orders, Premarital and Post Nuptial Agreements, Child
Abuse, and matters involving the Division of Youth and Family Services
(DYFS).
Clifford E. Lazzaro & Associates, P.C. also handles both Commercial
and Residential Real Estate Closings, as well as Commercial Litigation
and Estate Litigation.
Clifford E. Lazzaro & Associates, P.C. has an active Trial and
active Appellate practice.
The philosophy of the firm on criminal matters is, first and foremost,
dismissal of the criminal charges. Criminal charges can sometimes
be dismissed through a motion for probable cause (pre-indictment),
a motion to dismiss the indictment, a motion to suppress evidence,
administrative dismissal by the Prosecutor's Office or Pre-Trial
Intervention.
Clifford E. Lazzaro & Associates, P.C. will not recommend that
a person charged with a criminal offense enter a plea of guilty
unless diligent efforts are made to get the case dismissed. It is
only when the above described efforts do not result in dismissal
of criminal charges that a person should consider a guilty plea
or proceed to trial.
Guilty verdicts can sometimes be reversed at the Appellate level
and Clifford E. Lazzaro & Associates, 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, 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 & Associates,
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 & Associates, 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 & Associates, 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 cite 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 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 & Associates, 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 & Associates, 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.
Clifford E. Lazzaro & Associates, P.C. aggressively defends
the rights of the accused at every stage of the criminal proceedings.
Clifford E. Lazzaro & Associates, P.C. recommends that a person
always invoke his or her Fifth Amendment Right to remain silent
whenever the police seek to question that person. No matter how
great the pressure the police place on a person to induce that person
to make an incriminating statement, or any type of statement at
all, the person should exercise his or her right to remain silent
and immediately contact a lawyer.
Clifford E. Lazzaro & Associates, P.C. is available 24 hours
a day, 7 days a week.
Clifford E. Lazzaro & Associates, P.C. is up to date on all
current law as the firm can access LEXIS-NEXIS Research System online
at any time. If a person is charged with drug distribution offenses
and the seizure of the controlled dangerous substance violates the
Fourth Amendment Right to be free from unreasonable search and seizure,
the firm conducts research of the issues involved online through
LEXIS. Clifford E. Lazzaro & Associates, P.C. takes pride in
the validity of the arguments contained in the briefs it prepares
in support of a defendant's motion to suppress physical evidence
as the legal research is up to date with the current law.
Clifford E. Lazzaro & Associates, P.C. believes in the rights
of the accused and the presumption of innocence. The firm regularly
handles cases in Atlantic, Bergen, Essex, Hudson, Middlesex, Monmouth,
Morris, Ocean and Union counties. We also have cases pending in
Camden and Warren counties, as well as the Federal District Court
of New Jersey, and the Federal District Court of New York, Eastern
District and Southern District.
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