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.

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!

UNION COUNTY SUPERIOR COURT (2010)-- Client is arrested on charges of hindering the apprehension of a notorious felon in an attempt to get him to give authorities on felon/associate's whereabouts. The client is held in jail until he "rats" on the fugitive felon.

RESULT: Mr. Bellizia gets his client released with a timely bail hearing. At a motion to suppress in Superior Court, Mr. Bellizia succeeds in getting all of the evidence against his client suppressed. The indictment against his client is dismissed.

BLOOMFIELD MUNICIPAL COURT- Client is arrested for driving while suspended due to prior DUI/DWI. Now, he is facing 10 days in jail and an additional 1 year loss of license.

RESULT: Mr. Bellizia persuades the court to sentence client to SLAP program (Sheriff's Labor Assistance Program) in lieu of incarceration. Client loses license for 6 month.

MONTCLAIR MUNICIPAL COURT- Driver charged with hitting a police officer and leaving the scene of the accident.

RESULT: All charges are dropped due to Mr. Bellizia's representation and presentation of 3 witnesses who substantiate client's version of the facts. Client pleads to one charge resulting in an $89.00 fine and no points.

BLOOMFIELD MUNICIPAL COURT- Driver has dispute with tow truck operator who claims driver struck tow truck and left scene of accident.

RESULT: Case dismissed as a result of Mr. Bellizia's representation that tow truck operator is credible witness.

KEARNY MUNICIPAL COURT/STATE TROOPER DUI CASE- Client/driver crashes her car into guardrail on turnpike and is arrested for DUI and faces 7 -12 months loss of license due to BAC reading of 0.15 on Breathalyzer.

RESULT: Mr. Bellizia successfully moves to have Breathalyzer results tossed out due to failure of State Trooper examiner to properly follow procedure. Driver license is suspended for 3 months instead of 7 months.

SOUTH ORANGE MUNICIPAL COURT- Seton Hall student caught selling pot in dormitory.

RESULT: Case dismissed after Mr. Bellizia advocates to have student accepted into first offender's program and student successfully completes program.

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.

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