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Category: Eric Marcy

Time to Apply for Release from Megan’s Law Registration and Community Supervision/Parole Supervision for Life?

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 …

Continue Reading…

Time to Get Off of Megan’s Law – When Megan’s Law Notification and Parole Supervision for Life Becomes Counterproductive to Rehabilitation

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 …

Continue Reading…

YOU MAY DANCE LIKE NO ONE IS WATCHING, BUT POSTING ON SOCIAL MEDIA MAY BE EXHIBIT A IN COURT

By Eric Marcy, Esq. 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 …

Continue Reading…

Protecting the Attorney Client Privilege in the Corporate Setting

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 to …

Continue Reading…

Getting Off of Megan’s Law Registration When the Conviction Occurred in New Jersey and the Registrant Lives in Another State – Catch-22 – They Don’t Make It Easy

By Eric Marcy, Esq. There is a twist in applying for release from the burdensome requirements of Megan’s Law registration and Parole/Community Supervision for Life.  When the original Megan’s Law Order is entered in New Jersey and the person has subsequently moved to another State, some County Prosecutors may object to an application to vacate …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

Parole Modification – Frequently Asked Questions (FAQ): Understanding Options for Modifying Parole Conditions

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 …

Continue Reading…

The Parole “Merry-Go-Round” – The Prejudicial Procedural Delay in Parole Appeals

“Merry-Go-Round” Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole By Eric Marcy, Esq. 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 …

Continue Reading…

Time to Apply for Release from Megan’s Law Registration and Community Supervision/Parole Supervision for Life?

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 …

Continue Reading…

Time to Get Off of Megan’s Law – When Megan’s Law Notification and Parole Supervision for Life Becomes Counterproductive to Rehabilitation

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 …

Continue Reading…

YOU MAY DANCE LIKE NO ONE IS WATCHING, BUT POSTING ON SOCIAL MEDIA MAY BE EXHIBIT A IN COURT

By Eric Marcy, Esq. 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 …

Continue Reading…

Protecting the Attorney Client Privilege in the Corporate Setting

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 to …

Continue Reading…

Getting Off of Megan’s Law Registration When the Conviction Occurred in New Jersey and the Registrant Lives in Another State – Catch-22 – They Don’t Make It Easy

By Eric Marcy, Esq. There is a twist in applying for release from the burdensome requirements of Megan’s Law registration and Parole/Community Supervision for Life.  When the original Megan’s Law Order is entered in New Jersey and the person has subsequently moved to another State, some County Prosecutors may object to an application to vacate …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

Parole Modification – Frequently Asked Questions (FAQ): Understanding Options for Modifying Parole Conditions

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 …

Continue Reading…

The Parole “Merry-Go-Round” – The Prejudicial Procedural Delay in Parole Appeals

“Merry-Go-Round” Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole By Eric Marcy, Esq. 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 …

Continue Reading…