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What Should I Know About Megan’s Law and Parole Supervision for Life?

Individuals who are convicted of certain sex crimes in New Jersey may be subject to Megan’s Law sex offender registration and community notification provisions under the statute. They may also be sentenced to Community Supervision for Life (CSL) or Parole Supervision for Life (PSL), which carries additional rules and conditions imposed by the New Jersey Parole Board.

What are the Registration Requirements in New Jersey?

Under Megan’s Law, those convicted, adjudicated delinquent, or found not guilty by reason of insanity for commission of a sex offense must provide personal information to a sex offender internet registry. The purpose of this law is to alert the public when a potentially dangerous sex offender lives in or moves to their community.

To comply with Megan’s Law registration requirements in New Jersey, a person must provide a written statement acknowledging that they have been advised of their duty to register. Registrants must also include certain information, such as the following:

  • Name
  • Social security number
  • Age
  • Race
  • Sex
  • Date of birth
  • Height and weight
  • Hair and eye color
  • Address
  • Date and place of employment
  • Date and place of each conviction
  • Description of the crimes

Who is Subject to PSL?

In addition to Megan’s Law requirements, sex offenders may also be subject to PSL. Under the New Jersey Code of Criminal Justice, PSL is mandatory for those convicted of certain types of crimes, including:

  • Aggravated sexual assault
  • Sexual assault
  • Aggravated criminal sexual assault
  • Kidnapping
  • Endangering the welfare of a child by engaging in sexual conduct.
  • Luring
  • Violating a condition of a special sentence of CSL.
  • Attempting to commit any of the above

What are the Terms of PSL?

Individuals who are sentenced to PSL will be supervised and subject to all conditions set by a parole board. They must also comply with general requirements, including curfews, being subject to random drug tests and searches, and must obtain permission to move to a new residence or accept a new job. Those who violate a condition of PSL may be charged with an indictable offense and sentenced to additional jail time.

How is Lifetime Supervision Terminated?

Although PSL is a special sentence intended to last for the duration of the offender’s life, there are circumstances in which an offender may be released from lifetime parole supervision, as well as Megan’s Law reporting requirements.

For individuals to be eligible for release from Megan’s Law in New Jersey, 15 years must have passed since their conviction. They must also file a motion to be removed from Megan’s Law along with evidence showing that they are not likely to pose a threat to the safety of others. It also must be shown that they were not convicted of more than one sex offense and were not convicted of aggravated sexual assault or sexual assault involving acts of penetration using physical force or coercion.

To be eligible for release from PSL, an applicant must not have committed a crime for 15 years since the date of their last conviction or release from custody, whichever is later, and must not be likely to pose a threat to the safety of others if released. To determine if one is eligible for release, they should contact a lawyer right away.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Assist Clients in Getting Off the Megan’s Law Registry

If you are currently subject to Megan’s Law and PSL, contact one of our Haddonfield criminal defense lawyers at Aita Law, LLC to see if you qualify for release. Our experienced attorneys can evaluate your case and help guide you through the process. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

Can I Get My Name Removed From the Sex Offender Registry?

A person who has been convicted of a sexual crime, such as child molestation or sexual assault, is required to register as a sex offender at their local sex offender registry.

A sex offender registry maintains a list of individuals who have been convicted of crimes that are sexual in nature. The sexual offender registry provides notice to the community of the presence of such individuals in their community so that they can be vigilant. Additionally, law enforcement officers can access these registries to investigate crimes of similar nature to apprehend repeat sexual offenders.

What is Megan’s Law?

Public access to the sex offender registry was instituted in response to the case of a seven-year-old girl named Megan Kanka. A repeat sex offender raped and murdered her in New Jersey in 1994. 

Soon after, New Jersey legislature passed Megan’s Law, requiring notification to the public of sex offenders in their communities through sex offender registries.  In 1996, the U.S. Congress followed by passing Megan’s Law amendment, requiring every state to maintain a sex offender registry and make it accessible to the public. 

The information required on a sex offender registry may include the following:

  • Offender’s name
  • Date of birth
  • Address
  • Place of employment
  • Photograph
  • Driver’s license number
  • Vehicle identification number
  • Identifying marks and other physical features
  • Offenses and punishments   

Can a Name be Removed from the Registry?

When the laws were passed requiring public access to sex offender registries, few anticipated that it may unfairly impact those who appeared on the registries prior to the passage of the law. With the advent of the internet, these registries are available online. It is fairly easy for people to access these registries. If anyone has been inadvertently added to these registries, they can have severe consequences to their reputations and careers.

Those who have been inadvertently harmed by these registries include gay men convicted of sodomy prior to 1976, those convicted of crimes involving consensual gay sex before it was legalized, teenagers convicted of statutory rape of their girlfriends who are close to the legal age for consensual sex, and others for indecent exposure.

What Crimes Can be Expunged?

Crimes that involved sexual activity with a child and violence can never be expunged. However, crimes that are non-violent and tried as misdemeanors may be expunged. 

How Do I Get My Name Removed?

In order to petition for removal from the sex-offender registry, one should evaluate the nature of the sex offense conviction, the length of time that has passed since the offense, and what they have done to demonstrate that they no longer pose a threat to others. If the crime was non-violent in nature and less severe, one may be eligible. 

A petition to have a name removed must be filed along with documentation that proves how that individual no longer poses a threat to their community. The petition should include certifications from professional psychiatrists and counselors, attesting to the individual’s counseling and treatments. The court will review the petition and either grant or deny the petition. Additionally, a lawyer will help the removal process go smoothly.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Help Clients with Expungements

A conviction involving sexual offenses can have severe consequences for life. If you have been unfairly convicted or believe you may be eligible for removal from the sex-offender registry, do not hesitate to contact one of our Haddonfield criminal defense lawyers at Aita Law, LLC. Our attorneys will evaluate your crimes and guide you through the removal process. Contact us online or call us at 856-287-7800 for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

The Clean Slate Provision for Expungements

In December of 2019, New Jersey Gov. Phil Murphy signed into law the Senate Bill 4154, which provides a path for expungement for a range of offenses that were previously barred from such relief. This “clean slate” provision has been created to help those who might not have had an opportunity for expungement in the past or became entangled in the complex judicial rules of the state.

Who is Eligible for Expungement Under the Clean Slate Provision?

There are different levels of eligibility based on the new provision. The standard waiting period for expungement has been lowered from six years to five years. The number of offenses that can be expunged has risen from four to five. Previously, only the most recent conviction could be expunged, provided that it was eligible for expungement.

Anyone who has remained offense-free for 10 years will have all offenses removed from the record as part of the new law. However, the offenses must be eligible for the program. Offenses like robbery, murder, aggravated assault, and sexual assault cannot be expunged.

Additionally, a drug charge will be considered a disorderly persons offense. This offense can be expunged like any other, provided that the offender has gone 10 years without another offense. Someone with two or more unrelated convictions could not have his or her convictions expunged. Under the new law, expungements are allowed for eligible offenses, even if both offenses occurred at the same time.

An important feature to note is that anyone who has an ineligible offense on his or her record cannot file for expungement. Moreover, someone who is convicted of an ineligible offense after expungement will have those expungements nullified.

While Gov. Phil Murphy believes a long record of law abiding citizenship is a good indicator of rehabilitation, anyone who goes back to a life of crime will lose the benefits of this new law.

How are Eligible Expungements Claimed?

Expungements can be handled through an online system that was created with this new law. The law eliminates all expungement fees, and it only asks for compelling reasons to expunge certain offenses. Someone who is seeking an expungement no longer must prove that it is in the public interest for them to receive an expungement.

The system is also automated. New Jersey plans to create a system that will expunge all eligible offenses after 10 years without filing. This system is currently in development, and the law requires the state to budget for this program.

Currently, someone who wishes to file for an expungement under the law must submit his or her expungement application, pay a standard filing fee, and wait for the paperwork to be processed.

How Can a Lawyer Help During This Process?

Filing for an expungement can be complicated if the offender needs to provide compelling reasons to have his or her record expunged. The offender’s crimes may stretch back for some time or may fall near the line of ineligibility. While the law states that violent offenses cannot be expunged, a lawyer may need to review the case if the offender believes he or she was wrongfully convicted and has already served his or her sentence.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Assist Anyone Seeking Expungement Under the New Clean Slate Provision

Reach out to one of our Haddonfield criminal defense lawyers at Aita Law, LLC for help with an expungement today. A member of our legal team will review your case and help you file for an expungement for all eligible offenses. Call us today at 856-287-7800 or contact us online for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What Are the Tiers of Megan’s Law?

In 1994, Megan’s Law was created to provide a standard, public method to identify sexual offenders. Since its inception, Megan’s Law has continued to develop. At this point, several tier classifications exist. Each tier represents a specific type of sexual offense. The tiers also determine how long a sexual offender’s name, address, workplace, image, and other identifiers must remain on statewide registries.

Being a registered sex offender can make getting a job or becoming part of a community difficult. Anyone can log onto a statewide registry and find out if a registered sex offender lives nearby, including potential employers, neighbors, friends, relatives, and journalists. Since some tiers of Megan’s Law require registration for life instead of registration for a shorter period, individuals charged with sex crimes may want to seek private legal counsel.

What is a Tier I Sexual Offender Under Megan’s Law?

Tier I classifications are reserved for people who are deemed unlikely to re-offend. Someone who is sentenced in this tier will have to register with local authorities for 15 years.

A person can be convicted as a Tier I offender if he or she:

  • uses the internet for illegal sexual purposes.
  • restrains someone.
  • commits indecent assault.
  • corrupts a minor.
  • sexually abuses or exploits a minor.
  • spies on someone through video.
  • is in possession of child pornography.

People classified as Tier I sexual offenders must appear yearly to verify their identities.

What is a Tier II Sexual Offender?

A Tier II sexual offender has to register for 25 years instead of 15 years. Courts see Tier II sexual offenders as having a moderate chance of re-offending.

Tier II offenders may be accused and convicted of:

  • sex trafficking.
  • committing sexual assault and indecent assault.
  • prostituting themselves or others.
  • showing or selling obscene items.
  • sexually abusing or exploiting children.
  • having unlawful sexual contact with someone who is underage, or engaging in other acts that are considered more severe than those under Tier I.

Once the 25-year period passes, a Tier II sex offender is no longer required to submit information to a Megan’s Law directory.

Tier II sexual offenders can expect to present themselves twice a year for verification.

What is a Tier III Sexual Offender Under Megan’s Law?

The Tier III classification is reserved for the most serious sexual offenses. In general, Tier III offenders are those who are most apt to re-offend, at least statistically.

An individual who is charged as a Tier III sexual offender will have to remain on a registered sexual offenders database for life. Some crimes that can lead to a Tier III classification involve rape, involuntary deviate intercourse, kidnapping, various types of sexual assault, and sexual abuse of minors.

A Tier III classified sex offender must appear no fewer than four times annually to verify identification.

Do Sexual Offenders Have to Register?

Under Megan’s Law, sexual offenders must comply with registration expectations or they will be prosecuted for non-compliance. Non-compliance is considered a felony of varying degrees based on the tier classification. Anyone who knowingly harbors, assists, or conceals a sexual offender who is non-compliant may also be charged legally.

How Are Tiers Determined?

Judges decide on the sentences of sexual offenders. A court will take many factors into consideration before determining which tier makes sense for someone convicted of a sex-related crime. Past history and criminal charges may come into play at this point.

Can Judges Change the Sentences of Sexual Offenders?

Sometimes, judges and courts choose to modify registered sex offenders’ sentences, depending upon when the crime took place and other considerations. However, if the crime involved a minor or violent behavior, or a court labels someone as a “sexually violent delinquent child” or “sexual violent predator,” the judge will usually be very strict and unbending.

Can a Tier Decision be Challenged?

A person who receives a Megan’s Law tier classification can challenge the decision within a tight timeframe. Winning a challenge without the assistance of a knowledgeable criminal defense attorney with Megan’s Law experience is difficult.

South Jersey Megan’s Law Lawyers at Aita Law, LLC Represent Clients Charged with Sex Crimes

Have you been accused of a sex crime or have recently been sentenced as a sex offender? If so, our South Jersey Megan’s Law lawyers at Aita Law, LLC are here to help. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What Should I Know About Community Supervision for Life?

Community supervision can be enforced for those convicted of a crime; its purpose allows individuals to serve part, or all, of their sentence in their local community rather than a correctional facility. The most common forms of community supervision are parole or probation. Both programs can be completed in various ways, such as time in a halfway house, attending substance abuse programs and mental health services, and completing vocational training.

In some cases, offenders of serious sex crimes might be offered community supervision for life (CSL), which may seem more appealing, but it is more demanding than standard parole. To determine if it is the best option, those who are convicted of a crime should speak to an experienced criminal defense lawyer.

Is CSL Effective?

There are 4.5 million individuals under some form of community supervision in the United States, 56 percent of which are under parole. These high numbers lead to a high turnover rate for many agencies, decreased effectiveness, and diminished public safety. The effectiveness of these programs varies, and parole is almost fully controlled by the state’s department of corrections.

Those who served parole often returned to old habits once completed. The effectiveness of parole appears to be connected to strict conditions offenders must abide by while under supervision, such as curfews, restrictions on locations, fees, and various programs. When subjected to CSL, guidelines are even more stringent, which often leads to failure for the offender. This is because the offender is more likely to commit a violation due to more opportunities over a lifetime, rather than a standard parole. Charges that can lead to CSL include:

  • Aggravated sexual assault
  • Sexual assault
  • Kidnapping
  • Endangering the welfare of a child by engaging in sexual conduct

Certain crimes are often second-degree but violating conditions under CSL can lead to a third-degree offense and additional jail time.

Conditions Under CSL

Although offenders are not incarcerated, those serving CSL are still under harsh scrutiny for a lifetime. Some terms include:

  • Reporting regularly to your parole officer
  • Obtaining permission for jobs, residences, and internet use
  • Being subjected to searches, which includes your car and residence
  • Registering under Megan’s Law, depending on circumstances

If you determine this might be a better alternative than being incarcerated, it is best to speak to a lawyer about your rights and legal options.

Determining If CSL is Right for You

CSL has various advantages and consequences; it allows for individuals to avoid jail time, but those serving CSL may be more likely to violate strict conditions. Through a petition to the court, it is also possible to be released from CSL after serving probation for at least 15 years after your last conviction or release from incarceration. Evidence must also be provided to show that you are not a threat to society, which can be obtained through legal representation.

South Jersey Criminal Defense Lawyers at Aita Law, LLC Help Individuals Determine If Community Supervision for Life is the Right Option

Determining if CSL is the right choice is a difficult situation. Our accomplished South Jersey criminal defense lawyers at Aita Law, LLC will guide you in the right direction. Contact us online or call us at 856-287-7800 for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

Expungement in New Jersey

Expungement allows one to petition a superior court to remove all police, court, and corrections records as though none of these incidents occurred. Without expungement, once a police or court record is created, that individual will find it hard to apply for jobs, credit, specific licenses, or even rental property, as these records will be revealed in background checks.  After a successful expungement, however, the background check will not reveal the foregoing police, court, and corrections records. Serious crimes, including murder, child pornography, terrorism, drug distribution, sexual assault, kidnapping, arson, and child endangerment cannot be expunged.

New Jersey recently implemented new laws with regard to expungement.  These laws reduce the waiting period for eligibility and increase the number of convictions an individual can seek to expunge, among other things. The expungement can take up to six months to complete. Due to the recent changes to the law, many are interested in expunging their records. In order to expunge a record, the following steps should be followed:

Criminal Records: One needs to collect all criminal records, including Judgments of Convictions and Dispositions from the court. If the records are already available, a petition can be drafted. Otherwise, the records need to be obtained from the court. Depending on the courthouse applied to, it may take anywhere from a few days to weeks to obtain a criminal record.

Expungement Petition: Once all records have been obtained, an expungement petition must be drafted. This petition must then be signed in front of a notary public. After the petition has been finalized, it must be filed with the accompanying records with the court.

Serve the Petition: After the executed expungement petition is filed, a copy of the filed petition will then be served upon applicable governmental agencies through certified mail.

Hearing: After the petition has been filed with the court, the presiding judge may request an appearance by the petitioner where the judge may decide whether to grant the petition. The county prosecutor may make an objection to the expungement. The prosecutor will have to draft a letter explaining reasons for the objection. A response to the objection will then be necessary, outlining the reasons for allowing expungement. 

Service of the Judge’s Expungement Order

If the expungement petition is granted by the judge, the petitioner needs to then serve the judge’s order on government agencies, such as the courts, police departments, FBI, or other agency that has the record and request its removal from their offices. Many agencies take substantial amounts of time to expunge records from their databases. After the expungement has been completed, the State Police will then send a notification regarding the successful removal of all records. 

Expungement can have positive outcomes and allow individuals to seek course correction. Due to the recent changes, many individuals have become eligible, causing delays in the actual expungement of records.  Therefore, it is crucial to petition as soon as possible so that you can set the record clean and make a fresh start.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Individuals with the Expungement Process

If you need assistance with the expungement process, contact the Haddonfield criminal lawyers at Aita Law, LLC. Criminal records can hinder one’s future, we will walk you through the process of expungement so that you can have a fresh start. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

How Does a Criminal Conviction in New Jersey Alter Your Life?

When a person is convicted of a crime, they must pay their debt to society for that crime in some way. Depending on the circumstances, the debt may be paid in financial penalties, loss of driving privileges, probation, or for more serious crimes, imprisonment. After the debt is paid, the person is supposed to return to society and continue their life. Hopefully, the pain of paying the penalty will deter future criminal activity.  

Unfortunately, the criminal justice system is not perfect. Often, a person convicted of a crime may continue to suffer negative consequences long after the official debt to society has been paid. It is important for a person accused of a crime to understand how a criminal conviction may impact their life.  Employment, educational opportunities, finances, and family life can all be negatively impacted by a conviction.    

Employment

Whether an applicant had a criminal record has been a typical question used by prospective employers to screen job applicants. This approach resulted in many people with criminal records having great difficulty receiving job interviews. This demoralizing and counterproductive practice is now being reformed. The New Jersey Opportunity to Compete Act prohibits employers with more than 15 employees from asking applicants about their criminal history during the initial application process. The issue may still be in play for smaller employers. A criminal conviction can also cause someone to lose their job. Certain state employees, as well as individuals with professional licenses, are at risk of being fired after being convicted of a crime.

Finances

A domino effect can be experienced where the conviction directly or indirectly impacts finances. If the conviction imposes hefty fines, then paying that fine could pose a serious financial setback. Other less direct consequences can occur as in the instance of a suspended license. Consequences include increased car insurance costs, commuting costs, and even loss of a job. A conviction can also result in being underemployed and underpaid. 

Education

College applications also typically include questions about having a criminal record. Convictions related to disorderly persons or for felonies can be used to justify rejecting an applicant from admission. Sometimes, colleges expel or put students on probation if they were convicted of a crime.

Deportation

A person who is not a permanent citizen can be at risk of deportation if they are convicted of a violent crime. In addition, it is possible to be denied a green card, visa, or citizenship if convicted of a crime involving moral turpitude. 

Removal of Criminal Convictions from Record

There is a chance to remove certain criminal convictions from the record. Expungement requires petitioning the court, as well as waiting a significant period of time after the conviction has passed. In addition, certain crimes, such as sexual assault and robbery, can never be expunged. 

Haddonfield Criminal Lawyers at Aita Law, LLC Help Those Facing Criminal Charges

If you were accused of a crime, it is important to understand your rights to representation and use those rights to protect yourself. Our experienced Haddonfield criminal lawyers at Aita Law, LLC represent those accused of crimes and successfully achieve expungement of criminal records for our clients. Call us at 856-287-7800 or complete an online form for a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

What is Aggravated Sexual Assault?

Being convicted of a sex crime in the state of New Jersey has serious consequences. Depending on the charges, an accused individual may be looking at a criminal conviction, jail time, and registration and community notification as a sex offender. Such penalties can overshadow every aspect of a person’s life – from getting a job to finding a place to live.

When mitigating factors make the alleged sexual assault especially brutal or severe, the charge is elevated to “aggravated sexual assault,“ a first-degree crime punishable by up to 20 years in jail. Here is some more insight into what it means to be charged with sexual assault in New Jersey.

What is Sexual Assault?

New Jersey law clearly defines sexual assault as either of the following:

  • Having sexual contact with someone under 13 if you are aged 17 or over.
  • Committing sexual penetration with physical force that does not result in injury to the individual
  • Committing sexual penetration of a person under your control
  • Committing sexual penetration of someone 16 – 18 years old and a relative or someone under your control
  • Committing sexual penetration of a teen 13 – 16 years old if you are four years older

Contact is considered intentional touching by the defendant, including over the clothes, for the purpose of either humiliating the victim or sexually arousing the defendant. While every case is different, sexual assault is a generally a second-degree crime punishable by up to 10 years in prison.

What is Aggravated Sexual Assault?

According to New Jersey law, the elements of aggravated sexual assault involve any of the following:

  • Sexual assault where the victim is under the age of 13
  • Sexual assault with a victim 13 – 16 years old where the defendant is a family member or other position of authority over the victim
  • Sexual assault that happens during the commission of some other crime like robbery or murder
  • Sexual assault committed using a weapon or threat of a weapon
  • Sexual assault committed by another offender, with force, or on a handicapped or incapacitated victim

Aggravated assault is a first-degree crime, punishable by up to 20 years in jail.

Sexual Assault Allegations in New Jersey

In New Jersey, there is no statute of limitations for reporting sexual assault. If you are convicted of a sexual assault, you will likely have to register as a sex offender in the state. To obtain a conviction of aggravated sexual assault, the state is required to prove “sexual penetration” occurred. A skilled Haddonfield criminal defense attorney will compile the necessary evidence to determine exactly what happened during the alleged assault and if it does in fact meet the state’s standards of sexual assault or aggravated sexual assault.

If you have been charged with a sex crime, you need to know that a conviction can change your life forever. From jail time to registration as a sex offender, these offenses have a significant impact on every part of your life. You need the vigorous representation of an experienced Haddonfield criminal defense lawyer with Aita Law, LLC.

Contact Aita Law, LLC to Speak to a Haddonfield Criminal Defense Lawyer Regarding Sexual Assault Charges

For more than two decades, Kenneth D. Aita has represented clients dealing with a wide variety of criminal matters in New Jersey. Sexual assault charges are far too serious to be handled by a lawyer with less experience. Call 856-287-7800 or contact us online to schedule your free initial case review with a respected Haddonfield criminal defense lawyer today. Located in Haddonfield, Aita Law, LLC assists clients throughout Cherry Hill, Camden County, and all of South Jersey.

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