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Megan’s Law

Sex Offender Registration In Monmouth County

There are an assortment of issues that can implicate Megan’s Law in Monmouth County. Sometimes sex offender registration arises in the context of a pending sex offense case and in others it involves an issue of Failure to Register or removal from Megan’s Law. Irrespective of the scenario in which you are confronted with community supervision and/or mandatory reporting, we can assist you. Our Monmouth County Defense Firm has been practicing in this jurisdiction for almost twenty years with several of the attorneys on the staff having over thirty years defending criminal cases. Our former prosecutors and skilled criminal lawyers defend individuals at the Superior Court in Freehold on Megan’s Law issues all the time and are prepared to assist you. The following are some of the more frequently asked questions in this area of law. If you would like to speak to an experienced sex offense and Megan’s Law lawyer, call our Freehold Office today at 732-462-1167.

Who is affected? Megan’s Law applies to those who have been convicted since Megan’s Law went into effect, which was on October 31st, 1994, or who were serving a sentence on the effective date of the law. The law also applies to “offenders” who are otherwise found to be “repetitive and compulsive” in terms of anti-social sexual behavior.

What offenses are included? The offenses which require registration include: aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal contact if the victim is minor, endangering the welfare of a child through acts involving pornography of a child, promoting prostitution of a child, luring, enticing, kidnapping, criminal restraint, and false imprisonment if the victim is a minor and the offender is not a parent of the victim.

What is registration? Megan’s Law requires sex offenders to fill out a registration form and submit it to their local police department. The form requires that the offender fill in certain personal information which includes their home and employment address. The information is checked and is kept by the Division of State Police in a Sex Offender Registry.

What should an offender do if he was convicted in another state, but just moved to NJ? An offender who just moved to NJ from another state is required to register within 10 days of moving to NJ. Additionally, if you are not moving here permanently but only intending to work or attend school in NJ, you must register.

What should an offender do when he/she moves? When an offender moves his address, he is required to report their address change. An offender must notify local police at least 10 days prior to their move. Law enforcement is constantly monitoring offenders and whether or not they are reporting their address changes.

How long does an offender have to register? An offender will have to register for the rest of their life. After 15 years, if the offender has only committed one offense and if they have committed no other offenses subsequent; and they can prove they will not likely pose a threat to the safety of others; they may apply to the court to be removed from the Sex Offender Registry. If the offense was an aggravated sexual assault, they may never be allowed to apply to be taken off the registry list. For juvenile offenders, if they were under the age of 14 at the time of their offense, but now are over the age of 18, they may apply to the court to be removed from the Sex Offender Registry.

What if an offender does not register? If an offender fails to comply with Megan’s Law in any way, it is a fourth degree crime.

What happens after an offender registers? After the offender fills out the appropriate registration forms, the county prosecutors receive the registration forms from local police. The prosecutors then determine the risk to the community, or in other words the likelihood that the sex offender will commit another crime. May factors are weighed in coming to this conclusion. These factors are set by statue and the Attorney General Guidelines. The offenders will classify the sex offenders in one of three tiers based on the degree of risk they pose to the public: Tier 1, which is low risk, Tier 2, which is moderate risk and Tier 3, which is high risk. Each Tier determines who will receive notification.

How does notification work? If the offender is classified in Tier 1, then only law enforcement agencies are notified. If the offender is classified in Tier 2, then law enforcement agencies, schools, licensed day cares, summer camps and registered community organizations are notified. If the offender is classified in Tier 3, then law enforcement agencies, schools, licensed day cares, summer camps, registered community organizations and members of the public are notified.

What is included in a notification? The notification includes the offender’s name, description and photograph, address for home and for employment (or school, if applicable), a description of the offender’s vehicle, license plate number and a brief description of the offense.

Megan’s Law Attorneys in Freehold NJ

Registration as a sex offender under Megan’s Law obviously has the potential to seriously impact your life. Every effort to escape application and/or obtain removal therefore needs to be undertaken. The attorneys at the Law Offices of Marshall, Bonus, Proetta & Oliver are skilled in succeeding in these efforts and have been fighting for individuals like you at the County Courthouse in Freehold for several decades. We have dealt with just about any scenario you can imagine with respect to Megan’s Law. For a free consultation to go over the issue you are having, call our Freehold NJ Megan’s Law Attorneys at 732-462-1197.