FIRM PROFILE

Clifford E. Lazzaro & Associates, P.C. regularly handles criminal cases throughout New Jersey as well as the Federal District Court of New Jersey, and the Federal District Court of New York, Eastern District and Southern District. The firm has also argued before the U.S. Third Circuit Court of Appeals.

Clifford E. Lazzaro & Associates, P.C. has successfully and aggressively litigated on behalf of it's clients in the following areas:

Criminal Defense Trials and Appeals in All State and Federal Courts: Suppression Motions regarding Illegal Search and Seizure; Involuntary Statements; Admissibility of Recorded Evidence; Audio Tape and Video Tape Admissibility; Drug Possession and Drug Distribution Offenses; Racial Profiling; Sex Crimes; Adam Walsh Child Protection and Safety Act of 2006; Megan's Law (Tier Classification Hearings); Endangering the Welfare of a Child; Child Pornography; Internet Crimes; Prostitution Crimes; Homicide; Vehicular Homicide; Aggravated Assault; Robbery; Weapons Offenses; Burglary; Theft Related Offenses; White Collar Crime; Bank Fraud; Stock Fraud; Wire Fraud; Mail Fraud; Money Laundering; RICO; Gambling Offenses; Asset Seizure and Forfeiture.

All Municipal Courts: Disorderly Person Offenses; Ordinance Violations; Traffic Offenses; Driving While Intoxicated (DWI), etc.

Family Law: Divorce; Child Custody; Child Support; Parental Visitation Rights; Parenting Time; Paternity; Spousal Support; Asset Allocation; Restraining Order Hearings; Premarital Agreements; Post-Nuptial Agreements; Child Abuse; Parental Rights; Division of Youth and Family Services (DYFS).

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. has an active Trial and active Appellate practice.

STRATEGY OF FIRM IN CRIMINAL CASES: The strategy of the firm after a person has been formally charged with a criminal offense is to seek dismissal of the 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.

A plea of guilty should never be considered unless diligent efforts are made to have the case dismissed. When those diligent efforts are unsuccessful in achieving dismissal of the charges, a person should consider a guilty plea or a trial by jury. A plea of guilty should never be considered when the person charged is innocent. In this country, the accused is entitled to a presumption of innocence and the burden is on the Government or the State to prove guilt beyond a reasonable doubt. Having experienced and aggressive counsel like Clifford E. Lazzaro by your side at trial is essential to maximizing the accused's chances of acquittal. An experienced trial attorney can have a profound effect upon a jury.

A plea of guilty is sometimes entered when the evidence of guilt is overwhelming against the accused. In this instance, a guilty plea is entered for damage control purposes. A guilty plea can limit the number of criminal charges and reduce the sentencing exposure on most cases. On federal cases, experienced counsel can argue that sentencing should be outside the advisory sentencing guideline system when the nature and circumstances of the offense and the history and characteristics of the defendant justify same. In addition, statutory increases in the guideline offense level sometimes are not justified when they do not properly reflect the defendant's culpability.

Clifford E Lazzaro, Esq. has handled numerous suppression hearings involving such issues as the legality of automobile searches conducted without a warrant and not based on probable cause but solely on the arrest of a person unable to endanger the police or destroy evidence. Courts have held that those searches are not justified under any exception to the warrant requirement and are unreasonable.

Clifford E Lazzaro, Esq. has handled child pornography cases on both state and federal levels. The dispositions on those cases speak for themselves. Needless to say, the firm has much experience in this area. If you are charged with child pornography or other sex offenses which have Adam Walsh Child Protection and Safety Act of 2006 or Megan's Law implications, call for an appointment.

SUCCESS ON APPEALS: 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 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 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. is up to date on all current law as the firm can access LEXIS-NEXIS Research System online at any time.

Clifford E. Lazzaro & Associates, P.C. is available 24 hours a day, 7 days a week.