If you have been charged with a crime, you may face the possibility of severe punishments such as jail or prison time, hefty fines, a tainted record, and more. It is imperative that you contact a criminal lawyer as soon as possible.

Whoever you hire as your attorney, make sure they have the skills and knowledge necessary to aggressively defend your legal rights. Although in criminal law there are no guarantees, our goal is to build a strong case on the outset while exploiting the prosecution's weaknesses. All of this effort toward the goal of attaining you an acquittal of these charges.

Our firm knows criminal law from both sides and have acquired a long list of contacts who will be crucial when one is navigating through the criminal justice legal system. As an assistant prosecutor with over 18 years experience in both trial work and internal affairs, I have tried hundreds of criminal cases and understand how over zealous enforcement of the law can create cruel consequences for the accused. I am never afraid to try a matter to its conclusion.

This vast experience and the confidence and professionalism of my staff will ensure you that we will negotiate only from a position of strength.

My firm has handled a wide range of felony and disorderly persons charges including, but not limited to, the following:

• Criminal
• DWI
• Traffic Offenses
• White Collar Crimes
• Municipal
• Drugs and Narcotics Charges
• Domestic Violence
• Sex Crimes

Keep in mind that as your defense attorney, Mr. Bellizia will do a lot more than just question witnesses in court. He will dedicate his time to your case, gather information to help your defense, hire investigators to examine the circumstances of your case and contradict prosecution witnesses when necessary, vigorously defend your legal rights and interests, and more.

As a former prosecutor, Mr. Bellizia earned the respect of both his colleagues and judges. With over 20 years of experience handling criminal law cases, Mr. Bellizia has the knowledge and dedication necessary to protect your legal rights and ensure you are not unduly punished. Mr. Bellizia practices in the following counties: Hudson, Bergen, Essex, Middlesex, Union, Passaic, Morris, Sussex, Somerset and Warren. He also specializes in municipal court, traffic and criminal offenses in the following municipal courts: South Orange, Maplewood, Verona, Newark, Elizabeth, Clifton, West Orange, Orange, Paramus, Saddle River, Millburn, West Caldwell, Nutley, Passaic, Roseland, Essex Fells, Short Hills, Irvington, East Orange, as well as, Harding, Bloomfield, Glen Ridge and Montclair.

If you or someone you know needs the assistance of an experienced New Jersey Criminal Defense Attorney, call Prosper A. Bellizia today toll free at 866-742-8934, or complete the contact form provided on this site to schedule your consultation.

Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Disorderly Persons:
Disorderly persons are more serious than petty offenses, but much less serious than felonies. Disorderly persons typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, Disorderly persons are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

If you or someone you know needs the assistance of an experienced New Jersey Criminal Defense Attorney, call Prosper A. Bellizia today at 866-742-8934, or complete the contact form provided on this site to schedule your free consultation.

Recent Cases

DISCLAIMER: THE RESULTS IN THESE ACTUAL CASES DO NOT MEAN THAT YOUR CASE WILL BE RESOLVED IN THE SAME MANNER. Remember - NO LAWYER CAN GUARANTEE RESULTS OR THE OUTCOME OF A CRIMINAL CASE!

Essex County DUI
Breathalyzer test challenged because NJ State Trooper is unauthorized to administer Breathalyzer. Without Breathalyzer expert testimony, analysis reading of .018 is against client is inadmissible. On trial date, observation case against client is dismissed due to trooper's failure to appear.
CASE DISMISSED

Union County - Driving While Suspended
Defended successfully on grounds that suspension was improper despite client receiving DMV notice of suspension.
CASE DISMISSED

Monmouth County Superior Court - 2nd Degree Possession with Intent to Distribute/Conspiracy
Client arrested with 9 lbs. of marijuana in trunk of car. Search of automobile challenged on NJ Constitutional grounds. Defendant pleads to downgraded charge of 3rd Degree possession with intent.
CLIENT RECEIVES ADMISSION INTO DRUG COURT/ NO INCARCERATION
5 YEARS PROBATION

Morris County - Drunk Driving - Refusal to Take Breathylizer Test
Administration of Test successfully challenged.
7 MONTH MANDATORY LOSS OF LICENSE REDUCED TO 3 MONTHS.

South Orange -Driving While Under the Influence of Drugs
Observation and sobriety tests successfully challenged and ruled inadmissible.
7 MONTH MANDATORY LOSS OF LICENSE REDUCED TO 1 MONTH

Essex County - Possession of marijuana
CASE DISMISSED

Essex County Superior Court- Armed Robbery
After a 10 day trial, client is convicted of armed and sentence to 15 years in prison.
VERDICT: GUILTY

Union County Superior Court -Possession of CDS with Intent
Despite entering the apartment with a search warrrant, the matter against my client was dismissed due to a lack of evidence.
CASE DISMISSED

Essex County Superior Court - Possession of CDS with Intent
Police execute a search warrant but search extends in areas unauthorized by the warrant. Motion to suppress the evidence challenges the creditably of the arresting officers.
CLIENT PLEADS TO REDUCED CHARGE ON DISORDERLY CONDUCT - NO PROBATION

Union County Superior Court - Possession of Heroin w/ Intent to Distribute
After a week long jury trial, client is acquitted of all charges.
VERDICT: NOT GUILTY

Passaic County - DUI
Client's blood alcohol level reading of .015 on Breathalyzer deemed inadmissible due to police officer's failure to observe defendant the requisite 20 minutes prior to administration of the test.
DEFENDANT LICENSE SUSPENSION REDUCED TO 90 DAYS

Somerset County -Obstruction with Child Custody
Defendant improperly charged by police with harboring child in violation of the custodial order.
CASE DISMISSED WHEN PROOFS BY STATE CANNOT BE MET. (Client pleads to reduced charge of an ordinance violation.)

Expungement 30 Years After the Conviction
Professionally licensed client in danger of losing her job and license after a Homeland Security check unearths a prior offense of shoplifting in 1977.
EXPUNGEMENT GRANTED
Client's criminal record successfully erased from data banks and criminal history along with fingerprints, destroyed by court order.

Newark, New Jersey - Solicitation, Lewdness, Criminal Sexual Contact
Professional married male arrested for masturbating in public restroom by undercover police officer. Matter resolved without a criminal record provided the defendant refrain from criminal activity for one-year probationary period.
(PRE-TRIAL INTERVENTION- PTI)

South Orange, Maplewood, Millburn - South Mountain Reservation
Professional married man approached by undercover sheriff's officer for sexual favors. Man is arrested and charged with Criminal Sexual Contact for allegedly touching the officer.
(CASE PENDING)

Short Hills Mall - Shoplifting, Theft
Married mother arrested with 2 year old child for shoplifting at the Short Hills Mall.
OUTCOME - Successful negotiation to pleading to reduced charge of violating a town ordinance. NO CRIMINAL RECORD AND MATTER CAN BE EXPUNGED WITHIN 2 YEARS.

Budd Lake - DUI
Driver crashes car after losing control avoiding deer. Blood Alcohol Level in excess of 1.0.
OUTCOME - Driver loses license for 7 months.

East Orange
Client arrested for impersonating a police officer and for possession of ecstasy, marijuana and cocaine in his automobile, which is outfitted with a siren, safety lights and handcuffs.
OUTCOME- I was successful in arguing for my client's admission into Pre-Trial Intervention (PTI), 2 years probation. If client completes PTI, his case will be dismissed.

Union County Superior Court
Man arrested after 90 mph automobile chase through 2 counties resulting in a crash. He does not appear at his first two court appearances and a bench warrant is issued for his arrest.
OUTCOME - I successfully argue to lift the warrant and reinstate his bail without my client being arrested. Client is free on bail.

OCEAN COUNTY-CDS IN CAR/DUI-Client is stopped for speeding and state trooper discovers marijuana in the car and in his pocket. Client charged with possession with CDS and driving under the influence of drugs. State Police fail to provide police reports to municipal prosecutor and DUI is dismissed and client is granted a conditional discharge on the drug charge, which is dismissed after a 6 month probationary period. CASE DISMISSED AFTER 6 MONTHS.

ORANGE, NJ-14 YEAR OLD MOTOR VEHICLE CHARGES-CLIENT'S LICENSE SUSPENDED- Matter is dismissed with no court costs. CASE DISMISSED

EXPUNGEMENT-FIRE DEPARTMENT CANDIDATE-Successful expungement of juvenile and adult record, making him eligible for employment despite prior convictions.

OUT OF STATE DRIVER-PAST NJ DRIVER'S LICENSE SUSPENDED DUE TO NOT APPEARING IN COURT 5 YEARS EARLIER-I negotiate a settlement without the client's presence via affidavit and the he is not required to post bail. RESULT-CLIENT DOES NOT HAVE TO APPEAR NEW JERSEY AND POST BAIL.

WEST NEW YORK, NJ-DUI CLIENT IS ASLEEP BEHIND WHEEL AT STOP LIGHT WITH ENGINE RUNNING-Client charged with DUI and refusal to take breath test. RESULT-GUILTY OF DUI-LICENSE SUSPENDED FOR 7 MONTHS.

Professional Profile

If you or someone you know needs the assistance of an experienced New Jersey Criminal Defense Attorney, call Prosper A. Bellizia today at 866-742-8934, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Law Offices of Prosper A. Bellizia
395 Franklin Street
Bloomfield, NJ 07003
Phone: 866-742-8934
Hours: 24/7, Holidays, Nights and Weekends

We accept payment plans and credit cards.

MEMBERS OF THE FIRM:

Prosper A. Bellizia

EDUCATION:

• Seton Hall (Undergraduate), BA in Accounting
• Rutgers Law School (1985 J.D.)

JURISDICTIONS LICENSED IN:

• District of New Jersey
• Massachusetts

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• ACDL
• NJSBA
• Association of Trial Lawyers of American