Eric Marcy, Esq., Legal Services at Lyons, PC

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Administrative Law. PBA Legal Protection Plan. LYONS & ASSOCIATES, P.C., 76 East Main Street, Somerville, N.J. 08876

Practice Areas:

Criminal and Civil Litigation, Administrative Law, and Appeals Areas of Emphasis: all aspects of State and Federal Criminal Defense Litigation, White Collar Criminal Defense, Civil and Criminal Commercial Fraud Litigation, Medicaid Fraud, Securities Fraud, Crimina

l Tax Litigation, Corporate Investigations, Subpoena Compliance, Civil Litigation related to Criminal Litigation, Civil Rights Litigation arising from allegations of law enforcement misconduct, Administrative Litigation relating to disciplinary proceedings involving law enforcement officers and government employees, Administrative Litigation involving the professional licensing of doctors, nurses, pharmacists, hearing aid dispensers, Public Employee Pension Forfeiture, Parole and Construction Litigation

Eric Marcy’s Services include:

• White Collar Criminal Defense
• Corporate Investigations
• Subpoena Compliance
• Residential and Commercial Errors and Omissions Construction Litigation
• Defense of Serious Criminal Charges
• Insurance Fraud Audits, Investigation, and Defense
• Health Care Fraud Audits, Investigation, and Defense
• Professional Licensing Regulatory Compliance, Investigations and Hearings
before Licensing Boards
• Juvenile and Family Court Cases/Cases Involving Mental Health Issues
• Domestic Violence Defense
• Civil Rights Litigation
• Appeals
• Consumer Fraud
• Health Care Litigation Representing Providers and Insureds
• Parole Planning, Administrative Appeals, Appeals to the New Jersey Superior
Court, Appellate Division
• Municipal Court Practice and Drunk Driving Defense

Bar Admission:

New Jersey and United States District Court for the District of New Jersey, 1982

Education:

J.D., Seton Hall University School of Law, 1982
B.A., Boston College, magna cm laude, 1977

Biographical Information:

Eric Marcy is Of Counsel at the Somerville and Morristown based firm of Lyons & Associates. He has been employed in private practice since September of 1985 and joined the Lyons Firm in January of 2022. He has a wide variety of experience in criminal, civil, and administrative litigation. Marcy's undergraduate dual majors were psychology and philosophy. Prior to private practice, Mr. Marcy served the State of New Jersey as a Deputy Attorney General in the New Jersey Division of Criminal Justice, Department of Law and Public Safety, Office of the Attorney General in the Appellate and Trial sections (1982-1985). He was appointed by the Middlesex County Freeholders to serve as a member of the Middlesex County Mental Health Board (1989-1993). He was appointed by the Morris County Freeholders as a member of the Morris County Mental Health Board (1994-1997) and was elected chairperson (1996-1997). In his capacity as a member of the Middlesex and Morris County Mental Health Boards, he reviewed requests and made recommendations for allocations of county and state funding for community mental health services. He was appointed by Governor James E. McGreevey to the Board of Trustees for the Greystone Park Psychiatric Hospital in 2004, elected vice-chair for 2004–2005 and annually re-elected chair for the years 2005-2014. He was re-appointed to the Greystone Board of Trustees by Governor Richard J. Codey in 2006, Governor Jon Corzine in 2008, and Governor Chris Christie in 2014. Marcy has been a member of the New Jersey Association of Criminal Defense Lawyers since 1987. He served as a Trustee of the NJ-ACDL from 2001 to 2010. He also served on the legislative committee and was involved in creating the Association’s website and was the website administrator for the NJACDL when it first went on line (www.acdlnj.org). He is also a member of the National Association of Criminal Defense Lawyers. Marcy served as an instructor for the Institute of Continuing Legal Education Criminal Practice “Skills and Methods” program for newly admitted attorneys from 2000 to 2009. Marcy was selected for inclusion in New Jersey Super Lawyers® lists 2006-2009 and 2017-present. Super Lawyers is published by Thomson Reuters. A description of their selection process can be found at http://www.superlawyers.com/about/selection_process_detail.html. Super Lawyers is a private peer review organization, not a court specific public certification vehicle. No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey. He is also an authorized attorney under the New Jersey State PBA Legal Protection Plan, and the City of Elizabeth PBA Legal Protection Plan representing law enforcement officers in administrative, civil, and criminal matters. Main Office Telephone: (908) 575-9777
Cell Phone: (908) 581-2388
Fax: (908) 575-7711

Email Address: [email protected]

Criminal Defense, Administrative Law, and Professional Licensing services at Lyons & Associates:

Eric Marcy is Chair of the Criminal and Administrative Law Practice at Lyons & Associates, P.C. Eric is experienced in criminal, professional licensing, administrative, and regulatory compliance and litigation. He is an authorized to represent Police Officers under the New Jersey PBA Legal Protection Plan (LPP). He has experience in federal, state, municipal and administrative courts, at trial and appellate levels. He previously worked in the Morris County Prosecutor's Office and the Office of the Attorney General State of New Jersey and has been in private practice for over 36 years. He has concentrated in a variety of practice areas, from complex white collar and regulatory matters, to issues that implicate mental health concerns, to driving while intoxicated cases and serious municipal court matters. He has appeared in courts throughout New Jersey, including federal, state, administrative and municipal courts. Eric has handled matters in federal district courts outside of New Jersey, including the Southern District of New York, the Eastern District of New York, the Middle and Western Districts of Pennsylvania, the District of Wisconsin, and the Southern District of California.

03/25/2024

Lyons & Associates, P.C. is happy to announce that eight of our top-rated attorneys have been selected to the 2024 New Jersey Super Lawyers and Rising Stars lists. Congratulations to our team!

www.lyonspc.com/news_releases/2024-super-lawyers-rising-stars-lists/

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COMMERCIAL FRAUD ASSESSMENT TOOL | 908-575-9777

02/23/2024

https://www.lyonspc.com/2024/02/16/commercial-fraud-assessment-tool/

Whether you are the victim of fraud or are the target of a fraud investigation, it is necessary to make a structured and disciplined analysis of facts and the Law Enforcement Agencies involved to determine how best to protect your interests. This is a starting point. The following is an assessment tool to focus on the issues and help you determine how best to proceed to protect your legal rights and decide the best course of action.

COMMERCIAL FRAUD ASSESSMENT TOOL | 908-575-9777 Contact the attorneys at Lyons & Associates, P.C. if you believe you are a target of a criminal investigation.

12/22/2023

Securing release on parole at the first eligibility is not guaranteed. If you know someone approaching a parole hearing, it is advisable to consult with an attorney and develop a robust parole plan.

12/12/2023

Our criminal defense and parole lawyers will help determine your eligibility for early discharge from parole and if eligible, will advocate strongly on your behalf so that you can resume a normal life.

All restraining orders should not be forever | Opinion

05/17/2023

Here is an Op-Ed that I submitted and which was published.

All restraining orders should not be forever | Opinion A New Jersey attorney argues that the legislature should consider amending the Prevention of Domestic Violence Act (PDVA) to limit these orders.

05/12/2023

We are proud to announce that multiple attorneys across several practice areas have been named on the 2023 Super Lawyers and Rising Stars lists. Congratulations to our talented team!

05/10/2023

Looking forward to seeing you at NewBridge Services' 60th Anniversary Legacy of Hope Gala on Thursday!

How to Prepare for a Parole Hearing in New Jersey | Eric Marcy

04/20/2023

Check out my blog on preparing for a parole hearing. Being granted parole on the first parole eligibility date is not automatic. As a practical matter, the burden is on the inmate to demonstrate insight, remorse, that he/she will not reoffend, will comply with parole conditions, and will succeed on parole. Do not assume that the records the Parole Board Members have access will be complete, accurate, or fairly represent the factors that will support parole. Preparation of a complete record and preparing the inmate for the appearance before the Board Panel is critical.

How to Prepare for a Parole Hearing in New Jersey | Eric Marcy To maximize one's chances of being granted parole, family and friends of an inmate should consult with a lawyer to prepare for a hearing.

Factors That Influence Parole Decisions in NJ

04/10/2023

Being released on parole on the date of initial eligibility is not a given. If you know of someone coming up for parole you might want to read my blog on “Factors That Influence Parole Decisions in New Jersey.” It will provide some insight on what Parole Board Members are required to consider and the kinds of issues that affect their assessment as to whether to recommend/grant parole.

Factors That Influence Parole Decisions in NJ There are factors that are required to consider and factors that weigh heavily on the responsibility to protect the community.

04/07/2023

Depending on the circumstances, it may be illegal to check your spouse's cell phone. To learn more, read our blog: https://www.lyonspc.com/2022/03/28/illegal-snoop-spouses-phone-read-text/. If you are seeking a divorce, call us at 908-895-6629 today to discuss your legal options.

04/07/2023

At times, a specific parole condition may become unnecessary, burdensome, or interfere with the parolee’s employment prospects and/or rehabilitation. Parole conditions should be structured to protect society as well as reintegrate and rehabilitate parolees. Most limitations on the use of computers make it very difficult to obtain employment and to simply function in our digitally-connected world. If you or someone you know is on parole and its conditions are making it impossible to establish a normal family or economic life, you should consult with counsel.

Your Professional License in New Jersey | Attorney Eric Marcy

03/29/2023

If you are a contractor, medical professional, financial advisor, or anyone who has a professional license you might be interested in a blog/article I recently wrote on investigations by Licensing Boards. Any time there is an inquiry, investigation, or action by a Licensing Board, or the Office of the Attorney General, be smart and consult with counsel. Seek the advice of counsel prior to submitting to an interview, producing documents, or responding to any inquiry by a Licensing Board. You will have to cooperate, but it is recommended that you do so with sound advice of counsel.

Your Professional License in New Jersey | Attorney Eric Marcy Eric Marcy of Lyons & Associates can assist with obtaining, protecting, saving, or reinstating your professional license in New Jersey.

Limits to Ordering Computer Monitoring - Supervised Release

03/29/2023

Is the Government overreaching in the monitoring of personal computers and the internet? In this digital age a person’s computer is akin to a personal diary, a personal library, a repository for not only his most personal thoughts and beliefs, the filing cabinet of confidential information, containing political opinions, proprietary information, and the new means of personal communication replacing the use of letters. Any special condition of computer monitoring should be carefully reviewed and challenged to accommodate the important rights of access to a personal computer.

Limits to Ordering Computer Monitoring - Supervised Release There are limits to when a Federal District Court Judge may order computer monitoring as a special condition of supervised release.

03/07/2023

Our attorneys represent grandparents in child custody matters. If you would like to apply for third-party visitation rights, call 908-895-6629 or visit our website www.lyonspc.com.

03/06/2023

https://www.lyonspc.com/2023/03/01/litigation-control-group/
I know all of you are dying to know: What is a Litigation Control Group? Who are Eligible to be Members? How Does One Confirm the Participants? All your burning questions are answered in my recent blog on the subject.

What is a Litigation Control Group? To a regular person, being a member of a “litigation control group” may seem foreign, strange, and possibly intimidating.

02/18/2023

Joanna Adu and Eric Marcy co-published an article titled "The Coming of Age of New Jersey Mental Health Courts: Addressing a Dilemma in the Criminal Justice System," published in the February edition of New Jersey Lawyer magazine. Make sure to check it out here: https://www.lyonspc.com/news_releases/article-new-jersey-lawyer/

Reign In the Heavy Hand of the New Jersey DCPP

02/02/2023

The Division of Child Protection and Permanency (DCPP), formerly known as the Division of Youth and Family Services (DYFS) has been granted broad powers both from State statutes and the New Jersey Administrative Code. The question becomes whether agents of the State acting under those powers, exceed their scope, and violate the due process rights of those parents and families that they are meant to protect? The DCPP’s investigatory broad power flows from the structure of statutes and administrative code. The overzealous application of such power, even if intended in good faith, can be intrusive and damaging to the family unit the laws were intended to protect.

Check out my recent blog on parental due process rights in DCPP/DYFS investigations:

Reign In the Heavy Hand of the New Jersey DCPP If you are under investigation by the New Jersey DCCP, it is in your best interest to consult with an attorney at Lyons & Associates.

Computers and Social Media as Constitutional Right | Eric Marcy

01/30/2023

Check out my blog on Access to Computers and Social Media as a Constitutional Right in the State of New Jersey. https://www.lyonspc.com/2023/01/27/computers-social-media-constitutional-right/

Computers and Social Media as Constitutional Right | Eric Marcy
Computers and social media have become primary engines of First Amendment speech, economic activity, and maintaining relationships.

Computers and Social Media as Constitutional Right | Eric Marcy Computers and social media have become primary engines of First Amendment speech, economic activity, and maintaining relationships.

01/27/2023

Eric Marcy was featured on NorthJersey.com for an article he wrote discussing the recent indictment of actor Alec Baldwin in New Mexico. The actor is facing charges for the shooting death of a cinematographer on the set of the western film "Rust" which he was starring in and producing.

Read the article here: https://www.northjersey.com/story/opinion/2023/01/26/alec-baldwins-rust-shooting-manslaughter-or-accident/69842328007/

01/27/2023

Notification requirements of Megan’s Law, Parole Supervision for Life (PSL), and Community Supervision for Life (CSL) can make life very difficult. If you know someone who has been on Megan’s Law for over 15 years and has led a law-abiding life, they may be eligible to be released from the conditions imposed by the court. To see if you, a friend, or family member are eligible to be discharged from Megan’s Law, call Eric Marcy, Esq. at Lyons & Associates, P.C.

01/27/2023

In New Jersey, business entities are treated separately from their business owners, members, shareholders, and other individuals who control the business. When selecting a business entity, it is extremely important that the business owner considers which business formation works for them. Visit our website to learn more - https://www.lyonspc.com/business-formation-litigation/. If you need help deciding which business formation works for you, call us at 908-895-6629.

01/26/2023

https://www.northjersey.com/story/opinion/2023/01/26/alec-baldwins-rust-shooting-manslaughter-or-accident/69842328007/

Here is an opinion piece I wrote on: "Alec Baldwin’s 'Rust' shooting: Manslaughter or accident?" Eric Marcy, Special to the USA TODAY Network. It was just published in NorthJersey.com/The Record Newspaper and may be picked up by other media.

North Jersey The page you're looking for isn't here.Either someone gave you a bad link or there's something funky going on. Either way, we're truly sorry for the inconvenience.Stories Trending NowHow the Jets can start their first winning streak in a yearNflSUV crashes deep into Nutley homeEssexBoone OK with Gam...

Criminal Law Section CLE Meeting: Parole

01/03/2023

For those of you who are members of the New Jersey State Bar and practice in the area of criminal law, you might wish to attend a Continuing Education seminar on Parole CLE for February 22, 2023, 5 pm to 6:30 pm. It has been approved for 1.8 CLE Credits.

If you wish to register, here is the link:

Criminal Law Section CLE Meeting: Parole Criminal Law Section CLE Meeting: Parole

10/11/2022

Parole is not a given. Many inmates assume that they will be released at the time of parole eligibility, but such an assumption may result in serving a longer term than what should be imposed. Preparing the individual for the parole hearing, creating a proper record, and developing a parole plan tailored to the individual is critical to minimizing the length of time an inmate serves on a sentence. If you have a friend or family member coming up for parole, call 908-575-9777 to find out how best to increase your loved one’s chances of coming home.

10/11/2022

How Can I Protect an Inheritance During a Divorce? If you are going through a divorce, do not hesitate to contact our experienced Somerville divorce lawyers at Lyons & Associates, P.C.

10/11/2022

Celebrate our third location this Thursday from 4:00 PM to 7:00 PM!

09/29/2022

Your professional license is one of the most important things in your life. If a complaint has been sent to a licensing board, an investigation commenced, and/or negative action is being taken against you as the license holder, the entire experience can be emotionally and economically devastating. It is important to immediately consult with an attorney to learn your rights and to protect your license. If you have any concerns about a professional license or an inquiry by a Board or governmental agency, contact Eric Marcy, Esq., at 908-575-9777.

09/29/2022

Congratulations to William P. Lemega for being sworn in as Trustee of the Somerset County Bar Association!

Admissibility of Digital Communications and Social Media in Court

09/29/2022

Check out my blog on “Texts, Emails, and Social Media Posts – The Admissibility of Digital Communications and Social Media Posts in the Courtroom - What to Know about Digital Messaging, Social Media, Investigations, and Litigation”
https://www.lyonspc.com/2022/09/10/admissibility-digital-communications-social-media-posts/
Whether the matter is a criminal investigation, criminal prosecution, civil action, and/or family law case, digital communications, texts, emails, and social media posts are fertile and increasingly common sources of evidence in investigations and litigation.

Admissibility of Digital Communications and Social Media in Court Our criminal defense and family law attorneys can discuss concerns you have about digital communications pending investigations or litigation.

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