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Essex Fells superintendent charged with Official Misconduct January 14, 2009

Posted by jefhenningeresq in News.
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Raymond Hyman superintendent of the Essex Fells New Jersey school district has bee charged with second degree official misconduct and other charges.  His attorney, Thomas Murphy of Belleville, is already out there working the press like a good attorney should by stating that his client is a “lifelong educator” and “all around good guy” and “family man with four children”.  

Anyone want to bet that at some point he’ll be taking a plea for 3 years?  I say that because too many of these cases end in a plea.  If you have such a great client like that, why not roll the dice and take the case to trial.  If you lose, you are probably looking at 5 years at the worst.  If you do a good job at sentencing, you could probably get that down to 3 anyway.  Under current parole guidelines, the difference between a 3 and a 5 is about a month or two anyway.

However, this type of client has an amazing shot at getting ISP.  Since either the plea or a conviction would still be a second degree, he would have to do 6 months.  Thus, the difference between 3 and 5 years for a case like this could be nothing!  So, unless the State has an great case, take it to trial.  

One of the biggest problems at trial will be picking a jury.  Just check out the comments at the end of the story to see who you’ll have to weed out of the jury.

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Comments»

1. Joe - January 16, 2010

Tuesday, July 28, 2009
2C:43-11. Program of intensive supervision, ISP eligibility

(3) Is serving any statutorily mandated parole ineligibility, or any parole ineligibility imposed by the court pursuant to subsection b. of N.J.S. 2C:43-6; or

Would this new rule prohibit this defendant from getting ISP?


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