Megan’s Law Attorney in Hackensack, NJ
NJ Criminal Lawyer Represents Clients Required to Register as Sex Offenders Under Megan’s Law in Bergen County, Essex County, and Passaic County, New Jersey
Soon after seven-year-old Megan Kanka was raped and murdered in 1994 by her New Jersey neighbor, a convicted child rapist, the NJ General Assembly passed laws that require sex offenders to follow certain registration requirements. The laws were intended to promote public safety by warning communities that there is a convicted sex offender living in their neighborhood. The laws are stringent and inflexible, with no room for mistakes by anyone convicted of a sex crime in NJ. The law that requires convicted sex offenders to meet strict requirements, known as Megan’s Law, provides the public, employers, and educational institutions with certain information on registered sex offenders through the local and state police and the internet, in accordance with N.J.S.A. 2C:7-2.
If you are a registered sex offender in New Jersey, and you’ve failed to follow Megan’s Law requirements, you need experienced criminal lawyer Adam M. Lustberg to help you avoid additional prison time. Or, if you are classified as a Tier 2 or 3 and would like your Tier level to be reduced to Tier 1, or your Tier rating eliminated altogether, NJ criminal defense attorney Adam M. Lustberg may be able to help. He has more than a decade of experience representing those charged and convicted of sex crimes in New Jersey, and he is prepared to represent you. Contact him now to schedule a free initial consultation about your Megan’s Law or sex crime case.
New Jersey Has Stringent Megan’s Law Requirements
Incarcerated sex offenders must register with the Offender Registry Board two (2) days before release from prison. After release, within two (2) days, wherever the sex offender resides – Fort Lee, Elmwood Park, Rochelle Park, Fair Lawn, Newark, or anywhere else in New Jersey – he must register with the local police, at which time a public notice will be distributed within his community. At least ten (10) days prior to moving to a new city or town or moving to a new address within the same area, the convicted sex offender must notify the Board by mail. If changing a job, the sex offender must notify the Board by mail ten (10) days before doing so. It can be challenging and confusing to keep up with these requirements. And if you slip up, there will be serious consequences.
In New Jersey, Megan’s Law makes rehabilitation and integration into the community as a productive citizen difficult because the registry collects detailed information about the sex offender, including their photos, address, and past crimes. This process makes it exceedingly difficult for a convicted sex offender to genuinely rehabilitate and become a productive member of society.
Sex Crimes That Require Megan’s Law Registration in Hackensack, NJ
The sex offenses that require Megan’s Law registration in New Jersey include:
- Indecent assault and battery on a child under 14.
- Aggravated indecent assault and battery on a child under the age of 14.
- Indecent assault and battery on a mentally retarded person.
- Indecent assault and battery on a person age 14 or over.
- Rape of a child under 16 with force.
- Aggravated rape of a child with force.
- Assault with intent to commit rape.
- Assault of a child with intent to commit rape.
- Kidnapping of a child.
- Enticing a child under 18 via electronic communication to engage in prostitution.
- Enticing a minor to engage in prostitution.
- Drugging persons for sexual intercourse.
- Incestuous marriage or intercourse.
- Possession of child pornography.
Challenging Megan’s Law Tier Classification Requires a Knowledgeable Mahwah Sex Crimes Attorney
The Tier classifications for Megan’s Law sex offenders reoffending are as follows:
- Tier 1 – Low
- Tier 2 – Moderate
- Tier 3 – High
During the certification process, a Tier rank is determined by the court after evaluating the case factors. When Tier levels are determined, factors considered include past crime details, subsequent rehabilitative and therapeutic treatment, response to treatment, and extended family and community support.
If a sex offender is rated as Tier 1, only law enforcement agencies are notified of the presence of this Megan’s Law registered person. If a person is rated as Tier 2, not only is law enforcement notified, but also daycare facilities, local schools, camps, and community organizations. For a Tier 3 offender, all of the above are notified, and their identifying information is posted on the internet for the public to access.
Although it’s difficult to eliminate a Tier rating altogether, if a person is Tier 2 or 3 ranked, an experienced Hackensack criminal defense attorney may be able to file a motion to reduce the Tier level.
Contesting Megan’s Law Registration in Hackensack Is a Complex Process
Is there anything that can be done about being on the Megan’s Law registry? Hackensack criminal defense attorney Adam M. Lustberg has a track record with these types of situations, including seeking reduction in a client’s Tier status to limit the amount of information available to the police and public. During the past decade, attorney Adam Lustberg has won registration terminations and improved the outcome in many clients’ cases.
Just about anyone convicted of a serious sex crime in New Jersey will be required to register with local and state police for ten (10) years or up to a lifetime. The registration time is based on the type of sex crime committed and any exacerbating circumstances. If a registered sex offender who is supervised under Megan’s Law violates the registration requirements for the first time, he is subject to incarceration for six months to five years. A second violation of Megan’s Law registration requirements could lead to the imposition of a minimum five-year prison sentence.
Violations of Megan’s Law requirements include:
- Failing to register.
- Failing to verify registration information.
- Failing to provide notice of a change of address.
- Failing to provide information about a change of job.
- Providing any type of false information.
Being subject to Megan’s Law registration can prevent you from acquiring housing, block you from employment, publicly humiliate you, and—even after you’ve served your sentence—punish you for another 15 years and possibly even for your entire lifetime, depending upon your Tier classification.
Is It Possible to Be Removed from the Megan’s Law Registry in Hackensack, NJ?
A person required to register for Megan’s Law under N.J.S.A.2C:7-2 can file a motion to terminate their registry obligation. Through an application to a New Jersey superior court, proof must be provided that the defendant has not committed any offense during the 15 years following their release from prison. It will also be necessary to provide the court with evidence that you are not likely to pose any further threat to public safety. While the prosecutor’s office may protest termination of your Megan’s Law registration, a judge will ultimately make the decision about Megan’s Law removal.
Contact the Lustberg Law Firm Today to Discuss Megan’s Law Removal in Hackensack, New Jersey
If you’ve been charged with sex crimes that fall under the auspices of Megan’s Law, it is critical that you hire an attorney quickly. Hackensack criminal defense attorney Adam M. Lustberg has succeeded in having individuals on the Megan’s Law registry either removed from the list or has had their Tier 2 and 3 levels reduced. Contact his office today to discuss your situation and get answers to your questions.