Monmouth County NJ Megan’s Law Defense Attorneys
New Jersey legislators passed Megan’s Law in October of 1994, after the brutal rape and murder of 7-year-old New Jersey girl, Megan Kanka. The perpetrator of this crime was a sex offender who lived nearby. Under the assumption that, perhaps, had her parents known the man was previously convicted of a sex crime, they could have prevented the tragedy, New Jersey lawmakers adopted Megan’s Law to include a community notification provision. Megan’s Law, also known as the New Jersey Sex Offenders Act, requires convicted sex offenders to register with State or local law enforcement, providing information including their primary residence, place of employment, and enrollment in educational institutions. In 2001, the State expanded its Megan’s Law policy with the passage of a law establishing the Megan’s Law sex offender Internet registry, which provides the general public with access to sex offender information through a central database. Failure to comply with sex offender registration requirements can result in criminal charges for failure to register as a sex offender. Understanding the potential for Megan’s Law as a component of your sentence if convicted is critical, as is understanding your rights and responsibilities as a sex crime defendant or convicted sex offender in New Jersey.
The highly experienced sex crimes defense lawyers at Chamlin, Rosen, Uliano & Witherington have been defending clients charged with Megan’s Law offenses in Monmouth County and throughout New Jersey for the last 50 years. The head of our criminal defense department, Partner Charles J. Uliano is a former Monmouth County Prosecutor and a New Jersey Supreme Court Certified Criminal Trial Attorney since 1986. Having earned recognition from independent organizations such as Super Lawyers and Martindale-Hubbell, our renowned lawyers are experienced, driven, and highly effective whether negotiating with the prosecution or battling at trial. To discuss the circumstances of your case and learn more about how our New Jersey Megan’s Law defense attorneys can help to protect your freedom, contact our Monmouth County offices at 732-440-3950 for a free consultation.
Megan’s Law in New Jersey: N.J.S.A. 2C:7-1 – N.J.S.A. 2C:7-11
Under New Jersey’s Megan’s Law, codified in sections N.J.S.A. 2C:7-1 through N.J.S.A. 2C:7-11 of the New Jersey Criminal Code, a person convicted of any of the following sex crimes may be required to register as a sex offender as a condition of his or her sentence. Sex offender registration under Megan’s Law may be required in cases wherein the defendant is convicted of any of the following offenses:
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Criminal Sexual Contact
- Endangering the Welfare of a Child (involving sexual contact with a minor)
- Offenses involving Child Pornography
- Luring or Enticing a Minor
- Criminal Sexual Contact (with a minor)
- Kidnapping (of a minor if the defendant is not the child’s parent)
- Criminal Restraint (of a minor if the defendant is not the child’s parent)
- False Imprisonment (of a minor if the defendant is not the child’s parent)
As mentioned above, New Jersey requires convicted sex offenders to register under Megan’s Law and to regularly confirm or update certain information, including their current address and place of employment. Failure to do so may result in criminal charges for failure to register.
New Jersey Megan’s Law Tier Classification
A central component of Megan’s Law Sex Offender Registration is the tier classification system. Each Megan’s Law registrant is designated in one of three tiers based on the severity of their offense and their potential for recidivism, which means the likelihood that they will offend again. The tier classification is extremely significant, as it directly impacts the extent to which the community is notified of the offender’s history. The three Megan’s Law tiers and associated notification requirements are as follows:
- Megan’s Law Tier One – Lowest Risk: risk of re-offense is low, notification is typically limited to state and local law enforcement agencies
- Megan’s Law Tier Two – Moderate Risk: may be listed in the New Jersey Sex Offender Internet Registry, notification is likely to include local and state law enforcement agencies, community organizations, educational institutions, licensed day care centers and summer camps, and other groups that may encounter the individual.
- Megan’s Law Tier Three – High Risk: risk of re-offense is high, always listed in the New Jersey Sex Offender Internet Registry, notification will include local and state law enforcement agencies, community organizations, educational institutions, licensed day care centers and summer camps, as well as any other groups or individuals that may encounter the individual.
Megan’s Law Removal and Tier Classification Challenges
Under certain circumstances, convicted sex offenders can apply to be removed from Megan’s Law registration or file a motion to challenge their Megan’s Law tier classification. Fifteen years after your initial Megan’s Law registration, you can apply for Megan’s Law removal. You can also challenge your tier classification through a formal motion with the Superior Court in the county in which the offense occurred. These proceedings are complex, requiring evidence and a hearing before a Superior Court judge. In order to best position yourself for a favorable outcome, it is highly advisable to have a New Jersey Megan’s Law attorney prepare and argue your case.
Contact Freehold NJ Megan’s Law Appeal Attorneys to Discuss Your Case
If you have been charged with, or convicted of, a sex crime with a Megan’s Law component in New Jersey and you wish to be removed from Megan’s Law or to challenge your tier classification, the New Jersey Megan’s Law attorneys at Chamlin, Rosen, Uliano & Witherington are thoroughly prepared to help you achieve your desired result. Contact our Monmouth County offices today at 732-440-3950 to learn more about the options that may be available to you.