http://njlawattorney.com/wp-content/uploads/2018/08/shutterstock_76976863.jpg 686 1000 Holly http://njlawattorney.com/wp-content/uploads/2017/02/New-Maynard-Logo-Grey-Trans5-300x80.png Holly2018-08-28 12:57:432018-08-28 12:57:43Maynard Law Office, LLC Wins CSL Appeal: Client Removed from CSL!
In a recent victory for Maynard Law Office, LLC, the NJ Appellate Division reversed a trial court’s decision denying our client’s motion to end his Community Supervision for Life (CSL) obligations. In the case, In re Registrant B.B., James H. Maynard, Esq., managing member of Maynard Law Office, LLC, won the CSL appeal. The appeals court found that the trial court judge abused its discretion when it denied B.B.’s motion to end his CSL requirements. The appeals court reversed the lower court’s decision, and ordered that B.B. be removed from CSL. Now, B.B. is off CSL and no longer has to comply with parole supervision!
Background of the Case:
B.B. retained Maynard Law Office, LLC to get him off CSL. To prepare for the case, an expert psychologist evaluated B.B., and concluded that B.B. posed a low-risk to commit another sex offense. The psychologist relied upon several widely-used forensic tools to evaluate B.B.’s recidivism risk. One of the tools that the expert considered was the Registrant Risk Assessment Scale (“RRAS”). B.B. scored as a “Moderate Risk” on the RRAS (largely because of factors on the RRAS that can never change, such as facts related to his sex offense).
The RRAS is a tool used to decide an offender’s tier level for purposes related to community notification. However, B.B.’s expert psychologist explained that the RRAS was not sufficient to evaluate B.B.’s present risk of re-offense. Further, the expert stated that the RRAS is “one of the least experimentally supported actuarial instruments.”
The expert concluded that despite B.B.’s Moderate Risk score on the RRAS, B.B. scored “low-risk” on the other three tools. Moreover, B.B. has led an exemplary life since his conviction. For over fifteen years, B.B. has not committed any further offense. He remains steadily employed, and has a family.
Trial Court’s Decision:
Despite the psychologist’s conclusions about B.B.’s low-risk, the trial court denied B.B.’s petition to get off CSL. The trial court judge ignored the expert’s conclusions about B.B.’s risk. Instead, the trial court emphasized that B.B.’s initial tier score (on the RRAS) showed that he was a “moderate” risk.
Appellate Division Sides with Maynard Law Office, LLC:
Following the denial of his CSL petition, B.B. retained Maynard Law Office, LLC to appeal the trial court’s decision.
Mr. Maynard argued on appeal that the trial court abused its discretion by misapplying the use of the RRAS and by rejecting the expert psychologist’s findings about B.B.’s low risk.
The Appellate Division agreed with Mr. Maynard, finding that B.B. satisfied the requirements for removal from CSL. The appeals court remanded B.B.’s matter to the trial court, instructing the trial court judge to enter an order relieving B.B. of his CSL requirements.
The Appellate court also agreed with Mr. Maynard that the RRAS was not designed to decide whether a registrant should be relieved of CSL requirements.
Significance of CSL Appeal Decision:
The Appellate Division stated that courts should take a “holistic approach” to decide whether a registrant poses a risk to society.
In other words, despite B.B.’s moderate risk score on a tool that was created to determine an offender’s tier level, the Appellate Division concluded that B.B. satisfied the requirements to get off CSL. The appeals court carefully considered all of the evidence presented by Mr. Maynard. Specifically, the court took into account the expert psychologist’s findings that B.B was low-risk on three other forensic tools.
Now, B.B. is no longer on CSL. He no longer has a parole officer, does not have to abide by parole conditions, and is able to live his life more freely!
Services Our Firm Provides:
Our law firm is dedicated to sex offense law. We offer the following legal services:
· Removal from CSL / PSL
We have helped get many registrants off CSL and PSL. Our firm has also found that some clients never should have been on CSL or PSL and have successfully terminated their parole supervision prior to the end of 15 years.
· Modifying PSL/CSL Conditions
We have successfully been able to get Parole to change or even lift certain CSL and PSL conditions.
· Defending against PSL/CSL Charges
If you are accused of violating any parole conditions, you should consult with an experienced PSL/CSL lawyer immediately. Convictions for violating PSL or CSL conditions may result in a prison sentence or added parole conditions. Our law firm has successfully defended those facing parole violations.
So, call Maynard Law Office, LLC today for a free consultation at (973) 540-0054!