Media Stories

Published on: September 28, 2020

Can a Registrant be Removed from Megan’s Law if another offense is Committed ?

Under NJSA 2C:7-2(f), a Registrant can petition to be removed from Megan’s Law after 15 years if they have not committed a new offense, and they are found not to be a threat to the community. Prior to a recent Supreme Court ruling, if a registrant committed a subsequent offense after being placed on Megan’s Law, the 15 years time period would simply commence again after the subsequent new offense. However, in March of 2020, in State in the Interest of HD and JM, the Supreme Court ruled that the Registrant must remain completely offense free during the 15 year period in order to qualify for registrant relief commencing upon conviction, adjudication or release from confinement.

The procedural history of JM and HD are as follows. In 1994, J.M. pled guilty to third-degree aggravated criminal sexual contact and it 1997, H.D. pled guilty to endangering the welfare of a child. Both JM and HD were sentenced to probation and required to register as sex offenders. Subsequent to being placed on Megan’s Law, HD pled guilty to failure to register as a convicted sex offender in violation of N.J.S.A. 2C:7-2(a) and (e). JM pled guilty in 2001 to a computer crime in violation of N.J.S.A. 2C:20-29. Both were sentenced to probation and neither has been convicted of anything since those dates.

In 2017, after 15 years had passed they both filed for Removal from Megan’s Law Registration, and their motions were denied at the Superior Court level. They both appealed and the Appellate court reversed the State Court’s decision, determining that subsection(f) is ambiguous as to whether its requirement of fifteen years of offense-free conduct resets following an offender’s subsequent criminal conviction. The Supreme Court reversed the Appellate decision, which essentially means that JM and HD are now barred from removal from Megan’s Law.

Continue reading →

Published on: October 30, 2013

How to get off of Megan’s Law Requirements

By Tara Breslow-Testa, Esq.

If you have been on Megan’s Law for 15 years and have not committed any new offense, then you could be eligible for removal from Megan’s Law and Community Supervision for Life.

Megan’s law was first enacted in 1994 and pursuant to N.J.S.A.2C:7-1, the Legislative intent was to punish those individuals who where convicted of sex crimes, as well as create a regulated monitoring system to protect the community at large. However, the Legislator also had the foresight to envision that in some situations relief from Megan’s Law would be appropriate. Specifically, removal from Megan’s Law can be sought where an individual remains offense free for a 15 year time period and is no longer a threat to the community. In pertinent part N.J.S.A.2C:7-2(f) states:

“Except as provided in subsection g. of this section, a person required to register

Continue reading →

Published on: October 7, 2013

Random Drug Testing in New Jersey Schools

By Tara Breslow-Testa, Esq.

This New York Times article discusses the debate over random drug testing in high schools in New Jersey. I will be interesting to see if this goes through, and what the legal ramifications are for those who test positive.

See link below for article:

Published on: July 10, 2013

Experienced Criminal Defense Lawyer in Holmdel New Jersey

By Tara Breslow-Testa, Esq.

PNC Arts Center is located in Monmouth County, New Jersey in the town of Holmdel. It is one of two major outdoor arenas located in the New York Metropolitan area. The venue has been the center of several controversies, including an incident during a Phish concert in 2000 where over 70 people were arrested, and the band was not invited back to the venue before their hiatus in 2004.

In recent years, there has been an increase in police presence at the Arts Center, and this has resulted with an increase in arrests for those attending concerts at the venue. Unfortunately, a night of fun and relaxation can result with an arrest that can jeopardize your future.

If you have been arrested on a felony charge in Holmdel, New Jersey, the matter will be transferred to the Superior Court located in Freehold. If you have been charged with a third or fourth degree Possession of Controlled Dangerous Substance (CDS) or any other felony charge, it is imperative that you hire an experienced Monmouth County criminal defense attorney to handle the matter. It is possible that the matter could be remanded back to municipal court. Or if this is your first offense you could be eligible for Pre-Trial Intervention (PTI), avoiding a criminal record.

Continue reading →

Published on: December 5, 2012

Christie Expands Drug Court in New Jersey

By Tara Breslow-Testa, Esq.

Drug Court has been a successful addition to the court system as it has treated non-violent offenders who suffer from drug additions throughout the state of New Jersey. The rates of recidivism for drug court graduates have proven to be minimal as compared to the rates for drug offenders. There is no doubt that drug court has changed many lives, but now it seems that Governor Christie is trying to expand this program in order to avoid increased incarceration for those who suffer from addition.

As part of drug court, a person has to complete the recommended drug treatment program, and then remain on probation for 5 years. The individual is highly monitored by the Drug Court Team including drug testing, proof of employment and weekly appearances in court. Even though Drug Court is a commitment and time consuming, often times it is a way to avoid incarceration. This year has been an exciting year as Governor Christie has showed tremendous dedication to expanding the program to many of those who otherwise could not get in prior.

In 2012, Governor Chris Christie has made monumental strides in trying to expand the Drug Court Program in New Jersey. This new program will provide for drug programs and treatment for those appropriate candidates, to be implemented over a five year time period.

Continue reading →

Published on: October 1, 2011

Arrests on the Rise in Monmouth County for K2, aka “Spice” and “Designer Marijuana”

By Tara Breslow-Testa, Esq.

What is K2? It is sometimes referred to as “Spice” or “Designer Marijuana,” and it is a type of synthetic cannabis product that is becoming more prevalent throughout New Jersey. If you or a loved one is caught in possession of this type of drug; be aware that it is classified under the same Schedule as cocaine and heroin and as such considered a controlled dangerous substance. Since this drug is somewhat new on the market, in the recent past many drug tests did not pick up on K2, however that has all changed in recent months.

At the present time, Police in Highlands are investigating four separate incidents where individuals ended up in the hospital after smoking K2. Reportedly, the substance was purchased from a gas station located in Keansburg. This substance can cause severe hallucinations. K2 is classified under the same schedule as cocaine or heroin. In recent months Monmouth and Ocean counties, there have been many other arrests over the past months involving different shops selling K2 in violation of Federal and State laws.

It is also very common that juveniles are arrested for possession of K2. If a juvenile is arrested for Possession of this type of controlled dangerous substance the matter will be heard before a Superior Court Judge in the Family Division. If you or a loved one has been arrested for possession of a controlled dangerous substance; it is imperative that you contact an experience criminal defense attorney.

Continue reading →

Published on: May 11, 2011

Newark Police Department investigated by U.S. Attorney Office

By Tara Breslow-Testa, Esq.

This week the U.S. Attorney Office announced that there would be an investigation made into misconduct of the Newark Police Department. The allegations that have been several violations of the Civil Right Act of 1964. The allegations include retaliation against anyone who video tapes or record police misconduct. The ACLU investigated over 400 instances of misconduct over the past several years. The Department of Justice will be using their resources in order in investigate these allegations.

If there is any validity to these violations, then there could be several legal ramifications with regards to arrests made by the police department over the past several years. If it is found to be true that members of the police department made false charges against individuals in the community then wouldn’t all arrests be questioned. Were drugs planted on defendants? It could mean a mountain of appeals and motions to vacate sentences.

Published on: January 16, 2011

Lakewood Man alleged to have Killed an Ocean County Police Officer has been Arrested

By Tara Breslow-Testa, Esq.

It took police only two days to find Jahmell W. Crockam, the suspect of the shooting of Lakewood Police Patrolman Christopher Matlosz which occurred on Friday afternoon. The following day, a task force consisting of Monmouth and Ocean County Sheriff’s Office, Toms River, Lakewood, Brick, Jackson, Seaside Heights, South Toms River, Berkeley Twp., Manchester Twp., Howell Twp., along with the State Police and U.S. Federal Marshall searched Ocean and Monmouth counties for the suspect. Then, on January 16, 2010, the search went beyond Ocean County area to Camden County.

He was apprehended later that day, and transported back to Lakewood Police Department where he is processed and then taken to Ocean County Jail in Toms River. He will be held in Ocean County Jail until he appears before a Superior Court Judge for his initial bail appearance.

Unless he is able to make bail, the suspect will remain incarcerated until the matter is indicted, and then the matter will either be listed for trial or the suspect may decide to take a plea deal. It could take several months until the matter is indicted. After the matter has been indicted, the suspect will appear at his arraignment before an Ocean County Superior Court Judge. His criminal defense attorney will likely make an application for a bail reduction, and it can be expected that the Prosecutor assigned to the matter will oppose any application for a bail reduction.

Continue reading →