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

The Parole Board’s Difficult Decision – Whether to Release Someone Who Has Been Convicted of a Serious or Violent Crime

By Eric Marcy |   Feb. 9, 2015

While the Parole Board consists of Members who act in good faith, who try to do the right thing, there is a natural human reluctance to parole an individual who has been convicted of a serious and/or violent crime. It is up to the individual and his attorney to present a Parole Plan and create a record that will not only convince the Parole Board that the individual is ready for parole, but if paroled, the individual will not reoffend and not harm anyone.

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Topics : Criminal Defense, Appeal, Eric Marcy, Parole | 0 Comments Read More

How to Succeed at the Time of Parole Consideration – Managing the Record Before the Parole Board

By Eric Marcy |   Jan. 6, 2015

Without proper guidance an individual who should be paroled may end up serving a longer sentence. Too often individuals expect that their initial eligibility date is the date they will be released and to the grave disappointment of the individual and his/her family they unexpectedly learn that they have received a “hit” and face a new “Future Eligibility Term.”

While the Parole Board is required to consider numerous factors under the law, it frequently fails to document the most important information that is favorable to support release on parole.

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Topics : Criminal Defense, Appeal, Eric Marcy, Parole | 0 Comments Read More

The Time For Establishing a Parole Plan is NOW

By Eric Marcy |   Dec. 3, 2014

The issue of parole is an area that few consider or plan for after having been sentenced to a prison term. Parole is not guaranteed. Any individual sentenced to a prison term should be considering parole issues, if not a sentencing, then shortly thereafter and planning for that day that he or she is eligible for parole consideration.

Facing the Parole Board can be a daunting task. The parole process is not one that an individual should face without experienced counsel. While the standards for release appear straightforward, the review process is highly subjective.

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Topics : Criminal Defense, Appeal, Eric Marcy, Parole | 0 Comments Read More

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