Megan’s Law History And How To Be Removed
In 1994, a serial sex offender and neighbor of seven-year-old Megan Kanka kidnapped, raped, and murdered the little girl. Megan’s family, unaware of the neighbor’s past convictions for sex crimes, pushed for state and federal legislation that required anyone convicted of aggravated sexual assault or another sexual crime to register with their local police department. Specific charges that require registration under Megan’s Law include:
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact With A Victim Under Age 18
- Endangering The Welfare Of A Minor Through Pornographic Activities
- Engaging In Sexual Contact With A Minor
- Kidnapping A Victim Under Age 16
- Luring Or Enticing A Minor
- Non-parental Criminal Restraint, False Imprisonment, Or Kidnapping Of A Victim Under Age 18
- Sexual Assault
Persons required to register under Megan’s Law may be able to have their names removed from the list if they can prove they are no longer a threat to the safety of the public and meet other requirements. How to get off Megan’s Law is a common inquiry that we receive at Breslow Law Offices. We assist registered sex offenders who meet the criteria under N.J.S.A.2C:7-2 begin the process of removing their names from the list and starting over in life.
“With something as serious and life-changing as inclusion on the NJ Megan’s Law list, you need a criminal defense attorney with 45 years of experience on your side.”Casey Breslow, NJ Criminal Defense Attorney – Breslow Law Offices
That is exactly what you will get when you work with Breslow Law Offices. Both Attorneys Roy Breslow and Casey Breslow, a former Assistant Prosecutor in Essex County, New Jersey specialize in criminal cases while bringing the unique experience of a prosecutor to the table. Casey Breslow is very experienced and has a strong focus on Megan’s Law issues.
How to Clear Your Name from Megan’s Law
Under Section N.J.S.A 2C:7-2(f) of the Megan’s Law statute, a person included on this list may;
“except as provided in subsection g of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.”The New Jersey Code Of Criminal Justice Section 2C:7-2
Although the above legal language is dense, it comes down to the former criminal offender living in the community for at least 15 years without committing another sexual offense that requires registration under Megan’s Law.
If you meet the time criteria and don’t commit an offense again, your attorney Breslow Law Offices will locate a doctor to interview you to determine whether you no longer pose a threat to public safety. You must cooperate with this step under NJ Megan’s Law rules. With our decades of combined legal experience in this area, you can feel confident that your lawyer will select a highly competent doctor in New Jersey for this evaluation.Casey Breslow, NJ Criminal Defense Attorney – Breslow Law Offices
How to Get Off Megan’s Law: The Motion and the Process
After receiving the formal medical evaluation, Roy Breslow or Casey Breslow submits it to a local judge along with a brief explanation of support for your application. The process can take as little as one month after submission of all required reports and documents. Although it has only been since 2009 that people on this list have become eligible for removal, both attorneys have successfully worked on numerous cases in several counties throughout New Jersey. With Casey Breslow’s dual experience as a prosecutor and criminal defender and Roy Breslow’s 45 years of legal experience, you couldn’t be in better hands.
Keep in mind that you must have no New Jersey criminal offenses of any kind to retain eligibility for removal under Megan’s Law. Even if you had charges dismissed since your inclusion on the list, a prosecutor may fight against removal based on the fact a law enforcement official charged you at all. The court expects you to be a law-abiding citizen in every way.
However, the judge ultimately has the final say over the prosecutor. He or she will carefully consider the physician’s report as well as the brief your attorney submits on your behalf. The judge will also consider the sexual offender tier assigned to you between one and three with three indicating the highest likelihood of re-offending.
The entire process may take between one and three months depending on the completeness of your records and the strength of the doctor’s report and attorney’s brief. Your attorney from Breslow Law Offices will gather the following records prior to your court hearing:
- All Discovery
- Judgment Of Conviction
- Probation Records
- Tiering Records
- Miscellaneous Records That Will Help The Judge To Make The Best Decision
When filing a motion, we will include a notice of motion, order, brief, and expert opinion supporting your removal under Megan’s Law. We will also take special care to file the motion in the jurisdiction where the criminal sexual offense took place and not where you currently reside as required under New Jersey law.
Getting You Off Megan’s Law – We Can Help
Perhaps you have asked other attorneys how to get off Megan’s Law and received no satisfactory answer. Roy Breslow and Casey Breslow both understand that can feel discouraging. We also realize this is an extraordinarily sensitive matter, and we don’t judge you for what happened in the past. People can change a lot in 15 years, and we believe those that can prove they have turned their lives around deserve the opportunity to live without a past offense following them everywhere they go.
From housing to employment and even volunteer opportunities, having your name associated with Megan’s Law can make trying to lead a normal life very challenging. If you have paid your debt to society and feel ready to move on as an unmarked person, we invite you to contact Breslow Law Offices for a free consultation today.