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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 …
How to Prepare for a Parole Hearing in New Jersey
Being granted parole on the first parole eligibility date is not automatic. As a practical matter, the burden is on the inmate to demonstrate insight, remorse, that he/she will not reoffend, will comply with parole conditions, and will succeed on parole. Do not assume that the records the Parole Board Members have access will be …
Factors That Influence Parole Decisions in New Jersey
Having handled parole planning, administrative parole appeals, parole appeals to the Appellate Division, and parole revocation hearings over many years, I have been asked: What factors do Members of the Parole Board consider? There are factors that Board Members are required to consider and factors that weigh heavily on the responsibility imposed upon them to …
Obtaining, Protecting, Saving, Or Reinstating Your Professional License in New Jersey
New Jersey strictly regulates occupations through the Department of Consumer Affairs. There are over 51 Professional and Occupational Boards and Committees. These Boards are responsible for regulating a wide variety of professions, contractors, and businesses. Licensing Boards have broad powers for investigating and imposing discipline for a variety of actions, past or present. Actions by …
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 …
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 to the Attorney Client and Work Product Privileges counsel should first identify and confirm the nature of the entity, 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. …
Access to Computers and Social Media as a Constitutional Right
The internet and social media have become primary engines of First Amendment speech, economic activity, and maintaining social and family relationships. Well before COVID-19 and the practice of physical “social distancing,” American courts acknowledged the increasing importance of access to a computer/smart device and the internet in everyday life. There is a “new normal” that …
Municipal Liability – When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?
By Eric Marcy, Esq. In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the subordinate that gave rise to the claimed deprivation of civil rights. Shift Commanders, …
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 …
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.