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 |   May. 26, 2016

            There is a new 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 the registration/notification Order, asserting a lack of jurisdiction.   States have their own variations of offenses that require registration and the type of notification issues that result.  This has been viewed by some prosecutor's as depriving New Jersey of the jurisdictional authority to vacate its own original registration/notification Order.  That a registrant resides in another State should not deny that person the ability to return to New Jersey and seek a modification of the original New Jersey Order.  

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Topics : Criminal Law, NJ Criminal Justice Process, Megan's Law | 0 Comments Read More

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 |   May. 6, 2016

            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 relationships with other people. It becomes very difficult to get married, establish a family, and live a normal existence.   Registration can result in hostility from neighbors, can interfere with employment, and may create issues relative to interfering with the establishment of a normal healthy family unit. Having law enforcement periodically visit one’s home, question family members, question neighbors, can be very destructive to a healthy and stable life.

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Topics : Megan's Law | 0 Comments Read More

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

By Eric Marcy |   Jan. 9, 2013

Megan’s Law has now been 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 sex offenses.

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Topics : Community Supervision, Criminal Defense, Criminal Law, Eric Marcy, Parole, Megan's Law | 0 Comments Read More

Should Juvenile Offenders Be Entitled to a Trial by Jury?

By Darren M. Gelber |   Jun. 4, 2012

Teenager Under ArrestThe theoretical purposes of New Jersey's juvenile justice system have evolved over the years. While at one time our juvenile courts were based on a largely rehabilitative model, one designed principally to attempt to provide assistance to wayward youth, that mission has changed dramatically over the years. Presently, juvenile offenders face significant penalties in our juvenile courts, and the focus (unfortunately) seems to have shifted away from rehabilitation toward a more traditional form of penal consequence, such as incarceration.

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Topics : Juvenile Justice System, incarceration, rehabilitation, Michael Chazen, trial by jury, Megan's Law | 0 Comments Read More

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