Superior Court

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.

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Published on: March 20, 2020

Law Office Policy in the Age of Corona

By Tara Breslow-Testa, Esq.

CORONAVIRUS (COVID-19) IS REAL BUT LIFE CONTINUES: CONTACT ATTORNEY TARA BRESLOW-TESTA FROM THE SHELTER OF YOUR PLACE.

March 18, 2020 by the Law Office of Tara Breslow

The nationwide quarantine inspired by Coronavirus (COVID-19) is unprecedented in the experience of most New Jersey residents. Citizens of New Jersey have been encouraged to shelter in place, to stay home and avoid social contact to prevent transmitting and/or contracting the respiratory disease that is proving fatal. Unfortunately, several of our residents both in Freehold, as well as Red Bank, have been affected by the virus.

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Published on: October 3, 2019

What is PreTrial Intervention (PTI)

By Tara Breslow-Testa, Esq.

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What is Pre-Trial Intervention and More Importantly Is it The Right Choice?

Pre Trial Intervention, often referred to as “PTI,” is a diversionary probationary program offered at the Superior Court level in the county courts. It can be a way to avoid a criminal record. Most of the time, you enter the program without ever pleading guilty and even if a guilty plea is a contingency to acceptance, you will never be sentenced or convicted of a crime if you successfully complete the program.

Pursuant to the statute, the minimum length of time for probation imposed is a one year time period. However, per the statutory guidelines, you can ask your probation officer for an early release from the program as early as six months. The judge determines the length of time that is initially imposed, and usually community service is a condition, although sometimes this condition can be waived. Upon acceptance into the program, you are to remain arrest free and if all other conditions are met you will successfully complete the program.

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Published on: November 12, 2013

Conditional Discharge For First Time Drug Offenders

By Tara Breslow-Testa, Esq.

If you have been charged in the State of New Jersey with any of the following offenses, you may be eligible for a Conditional Discharge pursuant to NJSA 2C:36-A-1: NJSA 2C:35-10(c), failure to turn over CDS to an officer “failure to turn over;” NJSA 2C:35-10(a)(4), possession of less than 50 grams of marijuana; NJSA 2C:35-10(b), under the influence of CDS; NJSA 2C:36-2, possession of drug paraphernalia. These matters are heard in Municipal Court.

What is a Conditional Discharge? If you are eligible for a Conditional Discharge, it does not automatically mean that you will enter into the Program. Pursuant to NJSA 2C:36A-1, an attorney can make a Motion to suspend further court proceedings and place their client on a special type of supervised probation. Since this is an optional program, it is important that the defense attorney prepare evidence showing that their client is a good candidate for a conditional discharge. It is helpful to collect letters of recommendation, proof of employment, drug treatment, and any other information that helps prove that the defendant will benefit from such program.

An experienced New Jersey criminal defense attorney can advise you if entrance into a Conditional Discharge is something you should consider. For example, the State needs to meet their burden by providing all discoverable materials, including but not limited to a lab report, if applicable. If the State does not provide the proper materials, it is possible by way of a motion that the matter can be dismissed. Also, if you enter into a conditional discharge, after completion of the program you still need to expunge the matter if you want the arrest off your record. It is important to be aware that by entering into a conditional discharge you will not be eligible for other diversionary programs in the future such as Pre-Trial Intervention (PTI). Thus, it is imperative to have an experienced criminal defense attorney on your side to help guide you through the Municipal Court system.

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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

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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.

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Published on: September 27, 2012

Juvenile arrests- how to get a clean record

By Tara Breslow-Testa, Esq.

Juvenile matters are heard in the Family Division within the Superior Court usually where the crime occurs, or it can also be the county where the juvenile resides. Often times, if it is the juveniles first “run in” with the law, the juvenile is be eligible for a deferred disposition. This means that the juvenile will not have to be finger printed or give a DNA sample, and if he or she remains arrest free and complies with the other conditions, the adjudication will not go on their record.

Often times if these charges are serious or involve a burglary or if there is excessive restitution, the Prosecutor might oppose such disposition. If that occurs, then an experience New Jersey criminal lawyer can make a persuasive argument to the judge, and the judge could give the juvenile this opportunity. Also, there is the option of doing a back-ended deferred disposition, which means that for the time period of probation the disposition will remain on their record, however, if they complete the time period without any arrest and follow all conditions, then the disposition will be removed from the juveniles record.

This law office has helped thousands of juveniles get this type of result, giving them a second chance.

Published on: September 18, 2012

How to get Pre-Trial Intervention (PTI)?

By Tara Breslow-Testa, Esq.

Often times, people who lead productive law abiding lives make a mistake in their adult life, that leads to an arrest. Of course, a criminal record can lead to loss of a job, embarrassment and other life changing events. If you are a first time offender, PTI may be a way that you can keep a “clean” record. If you or a loved one has been charged with a felony offense, it is important to understand how PTI (pre-trial intervention) works, so that your future in no tainted by one event in poor judgment.

Whether you live in Monmouth, Ocean, Middlesex County or any other county in New Jersey, PTI supervisory programs are available in each county in the State of New Jersey. Usually, PTI is for 3rd and 4th degree offenders, however, an experienced criminal attorney could attempt to have the Prosecutor allow a 2nd degree offender apply to the program, and hopefully be accepted.

In order to be accepted, there is a two-phase application process, first you must be accepted by the probation department and then by the Prosecutor’s Office. Usually, PTI is for a 12 to 18 month time period. During the time period of PTI, you will need to report to a probation officer and follow all conditions imposed by the court. If there is an excessive amount of restitution to be paid back, then there might be a long time period for probation, but you can make an early release application. In addition, there is a community service component that one must complete which can range from 45 hours to 120 hours. All fines are to be paid through probation. It is important if you are accepted into PTI to comply with all conditions because you can be terminated and then face the original charges. After completion of PTI, you must wait 6 months to have the matter expunged.

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Published on: January 31, 2012

Removal from Megan’s Law if you Live outside of New Jersey

By Tara Breslow-Testa, Esq.

Ms. Breslow was successful last week in getting an individual removed from Megan’s Law, where the individual currently resides outside the State of New Jersey. Often times, a person who was put on Megan’s Law more than 15 years ago will decide to leave the state for one reason or another. Of course, other states have reciprocal Megan Law systems, so the person will have to register and often times he or she will be put on the internet. However, if someone has remained arrest free for more than 15 years since the date of conviction or release from incarceration, and the offense is one that is eligible for removal, then through an attorney the person can file a motion to be removed from Megan’s Law.

Being taken off Megan’s Law will have tremendous effects on one’s life, no longer facing the embarrassment they have encountered from neighbors, co-workers, loss of work, etc. Of course, the person needs to be evaluated by a psychologist, and there needs to be a recommendation submitted to the court with the motion papers.

If an individual resides out of state, the motion is filed in the county where the person was originally put on Megan’s Law. This is where the motion will be heard before a Superior Court Judge who is often assigned to Megan Law matters.

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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.

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