NJ SUPREME COURT’S NEW RULING OPENS THE DOOR FOR FUTURE MEGAN’S LAW TERMINATIONS
August 9, 2021- Trenton, NJ
Today, Maynard Law Office, LLC won another major legal victory! The New Jersey Supreme Court decided the case, In the Matter of Registrant J.D.F. (A-24-20), which clears the path for J.D.F to be removed from New Jersey Megan’s Law.
Besides being a Megan’s Law registrant, J.D.F was sentenced to Community Supervision for Life (CSL). After proving that he did not pose a threat to society, the trial court terminated his parole (CSL) requirements. Despite this, the trial court ruled that J.D.F. should not be removed from Megan’s Law. The trial court ruled that a provision of Megan’s Law (N.J.S.A. 2C: 7-2(g), or “Subsection (g)”) prohibited J.D.F. from removal from Megan’s Law. Even though J.D.F.’s offense occurred before the “Subsection (g)” provision was added to Megan’s Law, the trial court ruled that J.D.F.’s “convictions” occurred after this provision was enacted.
Mr. James H. Maynard, Managing Member of Maynard Law Office, LLC fought for his client’s removal from Megan’s Law. Mr. Maynard argued that “Subsection (g)” should not be applied to J.D.F’s case. More specifically, Mr. Maynard argued that the date of J.D.F.’s offenses, and not the date of his conviction, was relevant to determine whether “Subsection (g)” applies to him. In effect, Mr. Maynard argued that those who committed their offenses before January 8, 2002, but were convicted (via trial or guilty plea) after that date, COULD petition for removal from Megan’s Law. Before this landmark decision, these individuals were previously subject to Megan’s Law for the rest of their lives. As a result of this decision, J.D.F. can now seek removal from Megan’s Law.
Mr. Maynard offered a statement in response to the decision.
“I am very pleased with the Supreme Court’s decision today. The Right to notice-before-penalty is basic to our system of justice. In this case, the Court unambiguously determined that a law must be in effect at the time that conduct occurs in order to create culpability that would justify punishment.
This New Jersey Supreme Court decision is grounded in principles of fundamental fairness. When applied to my client’s case, I fully expect that he will be removed from Megan’s Law- because that is the fundamentally fair thing to do when a person no longer presents a risk to the safety of others.”
With this victory, the work of the legal team at Maynard Law Office, LLC, has strengthened the likelihood that more people can be removed from Megan’s Law in NJ. If you or someone you know committed a sex offense before January 8, 2002, contact Maynard Law Office, LLC today at (973)-540-0054 for a free consultation!
Maynard Law Office, LLC is a specialized law firm that practices only Sex Offense Law, such as Megan’s Law and sex offense trial court matters.
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