Practice Areas

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:
Is your past holding you back? Don't let your past…haunt your future.

We can expunge your criminal conviction by petitioning the New Jersey Superior Court to expunge your record, including arrest, indictment, conviction, or incarceration.

Is a past arrest or criminal record keeping you from realizing your full potential?

Thousands of citizens have been arrested for crimes, traffic or ordinance violations --and many for crimes they did not commit. Juvenile records, drug offenses, violations of alcohol laws, etc. can stifle your career. The government maintains the records of all arrests and convictions for decades. When you apply for a job or a bank loan or a professional license, you can be asked to reveal all your arrests and past involvement with the criminal justice system -even if you were completely innocent or if the case was dismissed!

Expungement refers to a legal process of sealing criminal record. An expungement will usually require a lawyer to draft a motion (a formal legal document asking the court to take a particular action) and file it with the court. A court order to seal your criminal record will be issued if the court was convinced that you have led an honest and upright life, and the interests of justice would be served by granting the expungement request. After the expungement, most employers won't be able to see your conviction record.

The NJ State Police have created and maintain a database of all arrests and convictions regardless of the numbers that have passed. The NJ State Police pass on such information to the Federal Bureau of Investigation (“FBI”) for inclusion in the FBI’s database known as the National Crime Information Center. The NCIC database allows a New Jersey conviction to follow you wherever you go in the United States.

Since 9/11, security background checks have become an increasingly common part of everyday life and employment. Employers are now performing these background checks not only on new employment applicants, but also on existing employees. This huge surge in the volume of background checks has caused many ordinary people to lose their jobs as a result of this new security.

Expungement of a criminal conviction is an excellent way to close a chapter on a past mistake. Conviction records do not automatically go away. You have to take action in order to expunge the records. Expungement of a criminal record has many benefits, especially with the ability to deny a conviction when asked by a potential employer. Once relief has been granted, you can honestly answer "no" to a question regarding criminal convictions in many circumstances. In addition, no arrest or conviction shows up if a potential employer, educational institution, or government agency conducts a background search of an individual's public records.

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:
Old New Jersey traffic tickets, parking violations and/or suspensions don't go away when you move out of state. New Jersey suspensions can prevent you from renewing or obtaining a driver's license in other states. Many out of state or former New Jersey drivers are now discovering they cannot renew their current licenses due to old parking or moving violations in New Jersey. This is due to reciprocal agreements between the states which prevent you from even obtaining a driver's license in your new state if your previous license in New Jersey is suspended or revoked.

Mr. Bellizia has a great track record in getting these matters dismissed with only a relatively small fine and in many instances, WITHOUT YOU EVEN HAVING TO COME BACK TO A NEW JERSEY COURT!

Contact Mr. Bellizia if your current state is prohibiting you from renewing or obtaining your license due to old New Jersey motor vehicle offenses, especially if you cannot travel back to New Jersey to defend yourself.

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.