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Former Prosecutors Turned
Certified Criminal Trial Lawyers
New Jersey Sex Offender Registration Lawyer
Bergen County Megan's Law Defense Attorneys
These days, almost everyone knows what Megan's Law is. Megan's Law sparked the creation in almost every state of a publicly accessible sex offenders registry database. New Jersey is no exception. The original idea of the sex offender registry was to protect children and their families by providing information about sex offenders released from prison or jail, so that families could be on alert.
The severity with which New Jersey's sex offender registry law treats convicted sex offenders — even people convicted of minor crimes — is often more shocking to our clients than the other penalties associated with a sex crimes conviction.
At the Bergen County criminal defense law firm of Brickfield & Donahue, we find that many of our clients are more worried about appearing on the sex offender registry than they are about paying fines or doing time in jail. They have good reason to worry. Conviction for a crime that requires registration with the sex offender registry can:
- Severely restrict a person's freedom to live where he or she chooses
- Limit job opportunities, because in certain types of cases any member of the public, including potential employers, can access the registry
- Make a person vulnerable to harassment by neighbors who discover the person's name on the registry
A Lifetime Listing on the Sex Offender Registry? All New Jersey sex offenders subject to Megan's Law must register for the rest of their lives. Sex offenders may ask for removal from the sex offender registry if they committed only one offense, have not committed another offense for 15 years, and prove that they are unlikely to threaten the safety of others. Certain types of sex offenders, including those convicted of aggravated sexual assault and sexual assault involving the use of force, may also be permanently barred from removal from the sex offender registry. Juvenile offenders may ask the court to be removed from the sex offender registry if they were under the age of 14 at the time of the offense but are now over the age of 18.
At Brickfield & Donahue, we take the defense of sex crimes very seriously, and we are aggressive advocates for our clients' rights — not only in the criminal proceedings against them but also in challenging the level of risk (tiering) assigned to the individual.
As experienced New Jersey sex offender registration attorneys, we know to build strong defenses on behalf of our clients, whether the crime involves sexual assault, assault or molestation of a child, Internet solicitation of a minor or possession of child pornography — all of which require registration with the New Jersey sex offender registry upon conviction.
Questions about the New Jersey sex offender registry? Contact us today.
Who is required to register?
The state of New Jersey identifies three levels of sexual offenders. These levels are designated based upon the believed potential for a repeat offense. A tier three classification is reserved for those defendants identified as having the greatest possibility of engaging in future offenses. A tier one classification is for persons with the least possibility of engaging in future offenses.
Defendants identified as tier one offenders need only to provide information to victims and law enforcement officials. Information about tier two offenders is made available to places like daycare centers or schools where children are likely to be present. Information about tier three offenders can be available to most persons, including via the Internet. There may also be posters or other information published.
What offenses require registration?
The New Jersey State Police website notes that anyone convicted of sexual assault , aggravated sexual assault, aggravated criminal sexual assault or kidnapping in relation to such a crime can be required to register once released. People convicted of engaging in sexual behaviors that may harm the morality of a child can also be forced to register.
If a person required to register with the sex offender program fails to do so, they can be charged with a third degree crime. Once required to register, a person can only be released from this requirement by moving out of the state of New Jersey, by death or by demotion to a tier one classification.
What is sexual assault in New Jersey?
A variety of situations can result in a sexual assault charge in New Jersey. According to a publication of the State of New Jersey Law Revision Commission, sexual penetration without the express consent of the alleged victim can be deemed sexual assault.
Aggravated sexual assault can be the charge if the alleged victim was under 16 years old or unable to provide consent such as with a mentally disabled person. This charge can also relate to cases in which the alleged offender was a parent or had some other supervisory role.
Important facts for defendants
People who are charged with sexual offenses have rights like any other person. Talking to a New Jersey sex offender registration attorney as soon as an arrest happens is recommended.
Don't Let Embarrassment or Shame Keep You From Learning Your Legal Options
At Brickfield & Donahue, you will find a compassionate atmosphere where our lawyers and staff respect your privacy and protect your rights using every means at our disposal.
If you are facing sex crimes charges that could result in required registration on the New Jersey sex offender registry, contact us today to talk with one of our experience criminal defense lawyers.