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State v JH, Monmouth County Superior Court
In Monmouth County Superior Court, JH was indicted on eight criminal counts related to the possession and distribution of controlled dangerous substances (CDS), including heroin and cocaine. The charges included two counts of third-degree possession of CDS, two counts of third-degree intent to distribute, two counts of third-degree distribution within 1,000 feet of a school, and two counts of second-degree intent to distribute within 500 feet of a public park.
Given JH’s prior convictions for CDS distribution, he was subject to a mandatory extended term under New Jersey law. He initially faced up to 50 years in New Jersey State Prison. The State’s first plea offer was 10 years with 51 months of parole ineligibility.
Illegal Search and Seizure Led to Plea Deal Reduction
The defense, led by Clifford E. Lazzaro, Esq., aggressively challenged the State’s evidence, focusing on the legality of the motor vehicle stop that led to the arrest. A strong argument was made that law enforcement violated JH’s rights during the search, subjecting key evidence to suppression.
Following pre-trial negotiations, a compromise was reached. The State amended its plea offer to include a flat five-year term in exchange for a plea to one count of third-degree CDS possession and two motor vehicle violations. The remaining seven counts were dismissed at sentencing.
Final Sentence: Flat Four Years in State Prison
At sentencing, Lazzaro Law successfully persuaded the Court to reduce the sentence even further. JH received a flat four-year sentence, avoiding extended term exposure and a potential multi-decade prison term.
This case shows how Lazzaro Law uses constitutional challenges and strategic negotiation to reduce long-term sentencing risk in New Jersey drug cases involving schools, parks, and prior felony records.
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