Criminal Law

• Criminal Defense
  Mr. Cleary is admitted to the Supreme Court of New Jersey, the United States District Court and the U.S. Court of Appeals for the Third Circuit. In 2017, he was appointed by the NJ Supreme Court to the Fee Arbitration Committee. In 2018, He was elected trustee of the New Jersey Association of Criminal Defense Lawyers. He has been named one of Essex County’s Top Criminal Defense Lawyers by Morris Essex Health magazine. In addition, Mr. Cleary has been selected to Super Lawyers Magazine every year since 2017.
• DUI/DWI
  Mr. Cleary received his Bachelor’s Degree from Providence College where he played Big East basketball for the prestigious 1997 Elite Eight team.  He received his J.D. from Seton Hall Law School in Newark, New Jersey.  Following a judicial clerkship, he developed his craft at the Essex County Public Defender’s Office.  From there, he has gone on to develop a successful law practice, recently moving to West Orange, New Jersey.  He has handled all types of cases ranging from disorderly persons offenses to homicides.  In addition, Mr. Cleary has handled hundreds of DWI cases and has lectured on the topic at New Jersey’s Continuing Legal Education seminar.
• Drug Crimes
  The new law establishes a conditional dismissal program in the municipal courts for eligible first-time defendants charged with certain disorderly persons offenses. The program compliments existing criminal justice diversion programs such as pretrial intervention (PTI) for certain indictable offenses in Superior Court under N.J.S.A. 2C:43-12 et seq. and conditional discharge for certain disorderly persons drug offenses in the municipal courts under N.J.S.A. 2C:36A-1. Under the law, a defendant who is charged with a petty disorderly persons offense or a disorderly persons offense may apply to enter into the conditional dismissal program, provided that the person (1) has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime and (2) has not previously participated in the conditional discharge, conditional dismissal, or PTI programs. Subsection b. of section 1 of the law also provides a list of offenses that are ineligible to be considered for participation in the conditional dismissal program, such as offenses involving domestic violence or driving under the influence of alcohol. Drug offenses graded as disorderly persons offenses are excluded from the conditional dismissal program since they are eligible for diversion under the conditional discharge statute. The law provides that before making an application to the court for conditional dismissal, the defendant must be fingerprinted as provided in N.J.S.A. 53:1-15 to allow for verification of the defendant’s criminal history by the prosecutor. In addition, a person seeking admission to the conditional dismissal program must pay to the court an application fee of $75. The law allows a defendant to apply for a waiver of the fee by reason of poverty. The court may also permit the defendant to pay the conditional dismissal fee and other assessments in installments or order other alternatives pursuant to N.J.S.A. 2B:12-23.1. Under the law, conditional dismissal application fees will be deposited in the "Municipal Court Diversion Fund," which is to be administered by the Administrative Office of the Courts. Monies in the Fund are to be used to offset the cost of intake and monitoring services related to the conditional dismissal program. If a defendant meets the statutory eligibility criteria, the court would use its discretion to determine if the person should be approved to participate in the conditional dismissal program. In making this decision, the law requires that the court consider the list of factors in subsection c. of section 1 of the law which includes items such as the nature of the offense, the defendant’s background, and the interests of the victim and the public. Under the law, after considering the defendant’s criminal history, the eligibility criteria and the prosecutor’s recommendation, the court may, without entering a judgment of conviction, and after proper reference to the State Bureau of Identification criminal history r
• Murder
  Very few attorneys are capable of defending a murder case. They are a different breed. Mr. Cleary has handled dozens of murder cases achieving jury acquittals and dismissals alike. Often times there is physical evidence linking a suspect to a scene. This can be challenged. Cell phone towers are not as precise as the State would have you think. Fingerprints can be misinterpreted and challenged. Even DNA evidence, while reliable, is only as good as its collection and preservation.
• Restraining Order
  Domestic violence cases seem to have been put at the forefront of New Jersey’s new bail reform. A domestic violence conviction or Final Restraining Order can be devastating. In many of these cases, the complaint is placed on a warrant and the defendant is taken into custody with no chance of release until a detention hearing is scheduled. If you or a loved one is charged with a domestic violence crime, contact the office immediately so that steps can be taken to ensure release and exoneration.