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

The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System

By Eric Marcy |   Oct. 29, 2015

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 nexus, proportionality, privileges, and the constitutional requirements that require that such intrusions be narrowly tailored.

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Topics : Community Supervision, Criminal Defense, Probation, Special Conditions of Supervised Release, Constitutional Rights, Criminal Law, Appeal, Due Process, Eric Marcy, NJ Criminal Justice Process, Parole, Federal Investigations, probation officer, probationer | 0 Comments Read More

Eric Marcy to be a Panelist on "Your Top Local Government Law Questions Answered" topics including Use of Force, Civil Rights Litigation and Ethics

By Eric Marcy |   Aug. 31, 2015

Eric Marcy, shareholder of the Criminal/Civil Law team, will present at the National Business Institute seminar, Your Top Local Government Law Questions Answered, on Thursday, October 22nd at the Holiday Inn Cherry Hill on 2175 Marlton Place at Rte 70 and Sayer Avenue, Cherry Hill.
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Topics : Use of Force, Criminal Defense, Constitutional Rights, Criminal Law, Legal Education, NJ Criminal Justice Process, Police Misconduct, Civil Rights Litigation | 0 Comments Read More

Having an Elected Attorney General in NJ is Not a Good Idea

By Darren M. Gelber |   Apr. 11, 2014

The Monitor was recently contacted by the Asbury Park Press and asked to write a short article on the subject of whether New Jersey, like many other states, should have its Attorney General elected by the voters, or continue to be appointed by the Governor. Viewpoints on this subject were also sought from Peter J. Barnes III, a New Jersey State Senator, Amy H. Handlin, a member of the New Jersey State Assembly, and Dr. Heath A. Brown, Assistant Professor of Political Science and Public Affairs at Seton Hall University. Our four articles were recently published in the Asbury Park Press and other Gannett-owned publications, and can be viewed by clicking here.

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Topics : NJ Criminal Justice Process | 0 Comments Read More

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