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Getting Off Parole in New Jersey
The imposition of and length of parole supervision is crime and fact specific. The conditions of supervision imposed are driven by the crime and the facts of the individual parolee. There may come a time when parolees believe that they have done everything asked of them, they are not a danger to anyone, they will …
Do New Jersey Shore Crime Rates Increase in the Summer Months?
Every summer, thousands of visitors descend upon the popular towns along New Jersey’s beautiful and busy shoreline. The population of the state’s 22 coastal towns can double to over 900,000 between the months of May and September. Locations such as Monmouth Beach, Long Branch, and Asbury Park boast family-friendly beaches and boardwalks in addition to …
The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System
There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the …
Digital Communications and Social Media Posts – A Fertile Source of Evidence in Criminal, Family Law, and Civil Litigation
Our courts have established how social media postings, including Texts, Twitter, Facebook, and other social media postings may be authenticated for admissibility in court. Authenticating such evidence is “flexible” and only requires a prima facie showing for authentication. New Jersey Courts are given “considerable latitude” in admitting digital communications and social media at time of trial. …
Texts, Emails, and Social Media Posts – The Admissibility of Digital Communications and Social Media Posts in the Courtroom
What to Know about Digital Messaging, Social Media, Investigations, and Litigation Whether the matter is a criminal investigation, criminal prosecution, civil action, and/or family law case, digital communications, texts, emails, and social media posts are fertile and increasingly common sources of evidence in investigations and litigation. Digital communications such as texts, emails, and social media …
Is Big Brother Watching You? What Your Smart Phone May Reveal About Your Activities
In 2021, Pew Research Center conducted a survey that indicated that 85% of United States adults own a smartphone. Because of exponentially increasing technology, a digital footprint is often left without a smartphone user’s knowledge or consent. As the world enters an Orwellian age where businesses track likes, comments, and Google-search history to better tailor …
YOU MAY DANCE LIKE NO ONE IS WATCHING, BUT POSTING ON SOCIAL MEDIA MAY BE EXHIBIT A IN COURT
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 …
Factors that Matter in Applications for Relief from Megan’s Law Registration, Community Notification, and Supervision
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 …
Understanding Megan’s Law Tier Level Designations, the Registrant Risk Assessment Scale Guidelines, and an Approach for Challenging a Tier Level Risk Designation
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 …
Challenging So-Called “Objective” Psychological Tests: The Use and Abuse Of Psychological Testing In Trials, Sentencing, Parole Consideration, And Custody Disputes
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 …
The blogs published by Lyons & Associates are available for informational purposes only and are not considered legal advice on any subject matter. By viewing any of the blogs on this site, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blogs should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.