Recent Cases

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.

BERGEN COUNTY-CLIENT ARRESTED WITH 24 BAGS OF HEROIN AND CHARGED WITH POSSESSION WITH INTENT TO DISTRIBUTE NARCOTICS. THIS IS THE CLIENT'S 5 ARREST, WITH THE MAJORITY RESULTING IN CONVICTIONS IN MUNICIPAL COURT. HE HAS ALREADY UTILIZED HIS ONCE-IN -A -LIFETIME CONDITIONAL DISCHARGE. RESULT-I successfully negotiate with the assistant prosecutor to downgrade his case to a disorderly person's offense and avoid a felony conviction, which would stymie his ability to pursue a full time job.

West Orange Municipal Court -Client arrested for Driving while Suspended, 2nd offense, which carries 10 day jail sentence plus an additional, consecutive one -year suspension of her driver's license. RESULT-Client avoids jail time by her admission into the Second Chance Program, which is a community service based sentence in lieu of jail.

ESSEX COUNTY SUPERIOR COURT- 23 year old client arrested on 31 counts of drug related offenses, including numerous sales of narcotics to an undercover police officer within 1000 feet of school property and weapons charges. Bail is initially set at $150,000. Family hires Mr. Bellizia to conduct a bail reduction hearing. RESULT: BAIL IS REDUCED FROM $150,000 TO $20,000 WITH A 10% ($2,000) CASH ALTERNATIVE. Family is now in a position to post cash bail and, most importantly, will get money back when case is over.

MONTCLAIR MUNICIPAL COURT- 29 year old driver with 12 points on her driving record is caught speeding. Facing certain suspension of her driving license she retains Mr. Bellizia to defend her case. She is not eligible for the standard No Points-Unsafe Operation Violation, having used it twice in the past 2 years. RESULT: MR. BELLIZIA IS ABLE TO NEGOTIATE A PLEA TO AN OBSCURE NO-POINTS MOVING VIOLATION. TOTAL FINE- $89. SHE RETAINS HER LICENSE.

ESSEX COUNTY SUPERIOR COURT-21 year old college student is arrested while intoxicated for burglarizing an off-campus home occupied by 4 coeds. When confronted by the girls' boyfriends, he pulls out a pellet gun and threatens them. He is arrested and charged with second degree burglary while armed, aggravated assault, theft, unlawful possession of a weapon , possession of a weapon for an unlawful purpose (a Graves Act offense). He was facing a minimum of 10 years in prison, with 8 1/2 years without parole on the burglary count alone.

RESULT:Mr. Bellizia files a motion to remove the matter from the mandatory prison sentence under the Graves Act and succeeds in having the burglary charged reduced from second degree to third degree. He also had him psychologically evaluated and the expert determined the client was a chronic alcoholic requiring treatment. Mr. Bellizia negotiated a non-custodial probationary sentence based on the client's diminished capacity while intoxicated.

BERGEN COUNTY SUPERIOR COURT-In a sting operation, the defendant is lured into New Jersey from upstate New York to allegedly deliver a drug dealer and his cocaine and marijuana to a confidential police informant posing as a buyer at the Paramus Park Mall. The defendant is arrested by awaiting police who claim the defendant had a bag of weed hanging out of his pants pocket. The police then search the car without a warrant and discover a large quantity of marijuana and cocaine hidden in a closed bag in the passenger compartment of the car just vacated by the dealer. Facing certain prison if convicted he hires Mr. Bellizia to defend his case based on the improper search and seizure of the evidence by the police.

RESULT: Mr. Bellizia successfully challenges the seizure of the additional evidence in the closed bag. His client pleads to a reduced charge of possession of the small amount of marijuana found on his person and receives a probationary, non-custodial sentence.