By Eric Marcy, Esq. Megan’s Law has now been in effect since 1994. While the foremost purpose of Megan’s Law is the protection of the community, the legislature provided a mechanism for those subject to the law to seek relief from the court of the very onerous conditions that Megan’s Law places on those convicted of qualifying […]
By Eric Marcy, Esq. Any person who is subject to the notification requirements of Megan’s Law and is subject to Parole Supervision for Life and/or Community Supervision for Life can tell you how difficult life becomes. It prevents or makes it very difficult to obtain employment or to obtain good employment. It interferes with developing normal healthy […]
There are no secrets on the internet. Today, people willingly post the most personal and sometimes embarrassing information about themselves, their families, their friends, and believe it or not, even their co-conspirators. If the Government was involved in investigating and compiling the detailed information that people willingly disclose, it would be accused of invading privacy and […]
By Eric Marcy, Esq. What is a Litigation Control Group? Who are Eligible to be Members? How Does One Confirm the Participants? A. Assessing the Structure of the Entity and Who the Attorney Represents When an attorney is brought into a potential investigation, regulatory, employment or litigation, or other legal advice matter that will involve issues subject […]
By Eric Marcy, Esq. Our laws specifically provide for and envision that a Megan’s Law Registrant may be discharged from registration, community notification, and Community/Parole Supervision for Life upon a finding that the Registrant is “not likely to pose a threat to the safety of others.” This legal blog post explores the steps Megan’s Law Registrants must […]
By Eric Marcy, Esq. The statutory system of registration and notification under Megan’s Law in New Jersey is intended to determine the danger of recidivism by an individual who has been convicted of a crime that falls within the parameters of Megan’s Law. With public safety as the goal in the Tiering designation system, it purports […]
By Eric Marcy, Esq. Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and for considerations as to whether a person is suitable for release on parole. Such testing may add an […]
By Eric Marcy, Esq. At times, a specific parole condition may become unnecessary, burdensome, or interfere with the parolee’s employment prospects and/or rehabilitation. The New Jersey Administrative Code sets forth the application process to the New Jersey State Parole Board through which a parolee may challenge the necessity and/or fairness of a specific condition of parole. […]
“Merry-Go-Round” Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole In Acoli v. New Jersey State Parole Board, 224 N.J. 213 (2016) the New Jersey Supreme Court reviewed the reversal of a denial of parole that was ordered by the Appellate Division. A Three Member Panel of the Parole […]
Once committed to the State Prison system, the Department of Corrections (“DOC”) performs a classification assessment which has implications for an inmate’s prison designation, housing, rehabilitative programming, and ultimately, on parole. A recurring issue involves the application of an E-1 override which results in a minimum classification of “medium” or “maximum” custodial classification status despite the […]
