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NJ Sides with Sex Offender in Megan’s Law Case

A former New York City police officer has won an appeal to New Jersey’s Supreme Court over his sentencing under Megan’s Law.

Joseph Schubert Jr. pleaded guilty to sexual assault in 2000 and successfully completed a three-year probationary term.

Four years later, the state sought to have him subject to lifetime community supervision under Megan’s Law, though that wasn’t included in the original sentence.

Officials argued that since the original sentence was imposed incorrectly it could be changed at any time. Schubert countered that since he’d already completed his sentence it constituted double jeopardy.

In a 4-2 decision Monday, the court agreed with Schubert.

In a dissenting opinion, Justices Helen Hoens and Anne Patterson wrote that the trial court’s sentencing error shouldn’t relieve Schubert of his obligations under Megan’s Law.

 

Copyright 2012 The Associated Press.

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