Can Cases with Criminal Convictions be Considered Low Priority Under the Morton Memo?

The Morton memo of June 17, 2011, titled Exercising Prosecutorial Discretion, states clearly that cases will be reviewed on a case-by-case basis and certain specific factors are to be considered and applied individually to each case. Determinations on cases are to be made based on the totality of the circumstances as presented in each individual case. As there is no bright-line rule on how to treat any particular case, in theory a criminal conviction should not automatically disqualify such case from being treated as a low priority case. However, the memo contains a list of negative factors that will be reviewed with particular scrutiny. This list includes serious felons, repeat offenders, and “individuals with a lengthy criminal record of any kind,” as well as “known gang members.”

About teperlaw

I am an attorney practicing family law, immigration and wills and estate planning. You can find out more about me and my firm by visiting my website at: www.teperlaw.com 106 W. Franklin Ave. Pennington, NJ 08534 (609) 737-3030
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