Luring Charge in Monmouth County NJ
With the expanding reach of mobile technology and the ability to communicate through email, Twitter, Instagram, Facebook, and Snapchat, charges for luring have become more common in Monmouth County. Law enforcement agencies have been using fictitious email accounts posing as children in hopes of catching individuals they consider sexual predators. Whether you have been accused of luring in the context of an undercover operation of Highlands, Middletown, Colts Neck, Spring Lake, Ocean Township or the Monmouth County Prosecutor’s Office, or were arrested under some other scenario, our law firm is equipped to defend you. We are a team of criminal attorneys that have the particularized skill to ensure you reach the best outcome if you have been charged with luring of a minor.
Our qualifications are honestly unparalleled in terms of Monmouth County luring defense lawyers to represent you in your criminal case. The Marshall Criminal defense law firm can offer you far more than puffery, such as:
- Over 200 years of combined experience handling Monmouth County sex crimes cases including luring, endangering the welfare of a child and sexual assault
- 15 lawyers whose practices are dedicated exclusively to criminal defense
- Former Monmouth County Prosecutors that have served at the highest levels for decades, including as Director of Major Crimes, Special Operations, Domestic Violence, Juvenile and even a head of the entire Trial Division
- Two Former Prosecutors who served as Director of the Sex Crimes Unit of two different counties
- Certified criminal trial attorneys
- Real hands-ons experience that includes numerous sex related jury trials
For help in defending a luring charge at the Monmouth County Superior Court in Freehold New Jersey, contact Marshall Criminal Defense to speak to an exceptionally skilled criminal defense lawyer. Lawyers are available 24/7 to assist you in our Freehold Office at 732-462-1197 or Red Bank Office at 732-450-8300.
Arrested For Luring A Child In Violation Of N.J.S.A. 2C:13-6
The criminal offense known as “luring” is generally defined as the attempt to lure or entice a child, or one who the offender reasonably believes to be a child, into an area or place, with a purpose to commit a criminal offense with or against the child. Luring a child is a crime of the second degree that carries penalties that include up to 10 years in prison. To convict a person of luring a child, the state must prove, beyond a reasonable doubt, that you:
- Attempted to lure or entice, by electronic or any other means;
- A child;
- Into a motor vehicle, structure or isolated area, or to meet or appear at any place;
- With an intent to commit a criminal offense;
- With or against the person lured or enticed or against any other person.
Some of the terms mentioned above are specifically defined by the New Jersey Legislature, so as to provide uniformity in the prosecution of luring cases. “Child” means a person who is less than 18 years old. “Electronic means” includes telephones, the internet, or any other means utilizing electronic communications. A “structure” for purposes of luring means a building, room, ship, vessel or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.
Penalties That Apply To Luring
Luring a child is, as previously stated, a crime of the second degree. Pursuant to the prescribed statutory penalties, an individual convicted of a second degree crime is subject to a prison sentence of 5 to 10 years. In addition, there is a mandatory period of parole ineligibility that attaches for a second or subsequent conviction for luring. The mandatory minimum sentence in this instances is to be set by the sentencing judge at between one-third and one-half (1/2) of the sentence imposed or 1 year, whichever is greater. The penalties also escalate if the defendant has a prior conviction for aggravated sexual assault, sexual assault, aggravated criminal sexual contact or endangering the welfare of a child. A defendant faces a mandatory minimum prison term of three (3) years in this instance.
Megan’s Law
An obligation to register as a sex offender under Megans Law is triggered whenever someone is convicted of luring a minor. This means that you will be required to register with your local police department whenever you move, to re-register annually, and possibly to be monitored in a more intrusive manner depending on Tier Level (i.e. I, II or III) assigned. Registration can even result in notification to nearby schools, local organizations, or even inclusion in a public internet registry. If the psycho-sexual evaluation mandated following a plea of guilty or conviction for luring reveals that you are repetitive and compulsive, the registration requirements can be escalated to as much as every 90 days. Failure to register results in a third degree crime.
Parole Supervision for Life (“PSL”)
The judge sentencing an individual for Monmouth County luring offense, or an attempt to commit this charge, is required to impose a special condition of parole supervision for life. A defendant’s parole conditions are formulated upon his/her completion of incarceration and/or probation, and can range from routine supervision and reporting to electronic monitoring and mandatory polygraph testing where someone is a Tier III offender (e.g. individual found to be highly repetitive and compulsive).
Pretrial Release from Custody
New Jersey has eliminated the possibility of a defendant simply posting bail (i.e. money or a bail bond) to secure his/her release following an arrest for a criminal offense such as luring a minor. An individual must now go through the pretrial release & bail process put into place in accordance with the Bail Reform Act of 2017. This requires that every individual arrested on a warrant complaint be taken to the Monmouth County Jail so that pretrial services can complete a Public Safety Assessment (“PSA”). This report measures the risk of the accused committing another criminal offense and not appearing in court if they are released on conditions, bail, bond, ROR, etc. You should also know that the prosecutor has a right to move for detention at an initial appearance and this automatically results in a defendant remaining in custody for an additional 3 days so that a detention hearing can be conducted. It is highly advisable to consult a criminal attorney as early as possible to maximize your chances of avoiding a motion to detain.
Freehold NJ Luring Offense Defense Lawyers
Luring a minor is definitely one of those charges that tend to be met with resistance by prosecutors when it comes to any leniency. The thought of making a mistake and erroneously extending a break to someone who could later commit a sex crime against a child is something that gives law enforcement horrors. The only way you are going to succeed in defending this charge is to mount the very best defense available to you. This is precisely what our attorneys are prepared to do for you. So contact Marshall Criminal Defense if you were arrested and charged with luring a child in Tinton Falls, Wall, Red Bank, Manalapan, Keyport or Howell. One of the Freehold NJ Luring Offense Defense Lawyers at our Monmouth County firm is available 24/7 at 732-615-0039 or 732-462-1197, and is ready to review the facts of your case and advise you of your best options for escaping a conviction.
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