Megan’s Law NJ
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 crimes listed under 2C:7-2:
- Aggravated Sexual Assault;
- Sexual Assault;
- Aggravated Criminal Sexual Contact;
- Kidnapping, where the victim is less than 16 years of age;
- Endangering the Welfare of a Minor by engaging in sexual conduct with a minor;
- Endangering the Welfare of a Minor by knowingly receiving for the purpose of selling, knowingly selling, procuring, manufacturing, giving, providing, lending, trading, mailing, delivering, transferring, publishing, distributing, circulating, disseminating, presenting, exhibiting, advertising, offering or agreeing to offer, through any means; including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act;
- Luring or Enticing a Minor;
- Criminal Sexual Contact, if the victim is under the age of 18;
- Kidnapping, Criminal Restraint, or False Imprisonment upon a person under the age of 18, where the offender was not a parent.
Megan’s Law New Jersey Classification
After you have been found guilty or not guilty by reason of insanity, the registrant will have to be evaluated and classified.
There are 3 tiers of classification, and based on the classification, certain information will be provided to the public. Tier 1 is the lowest risk, tier 2 is a moderate risk and tier 3 is high risk. If a registrant is classified under Tier 3, the public can see the most information like, where a person lives, the offense, physical description, picture, and birth date.
New Jersey State law entitles you to a hearing for your classification. You are entitled and should have a lawyer by your side at a classification hearing. Trust the attorneys at Breslow Law Offices to be by your side and help you receive the best results as possible. You should want to be classified.
How To Be Removed From Megan’s Law
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.
In order to be removed from Megan’s Law and to have registration requirements removed, the Megan’s Law registrant:
- must wait 15 years from the time of his conviction or his release from prison (whichever is later);
- has not committed any offense in 15 years since the date of the original conviction;
- must not likely to pose a threat to the public safety of others;
- cannot have been convicted of more than 1 sex offense;
- cannot have been convicted of aggravated sexual assault under any circumstances or sexual assault where the actor commits an act of sexual penetration and the actor uses physical force or coercion.
A motion must be filed in the County where the registrant resides and registers. The Motion is filed with the Assignment Judge of that County. The Motion must show the 5 requirements listed above are met. The motion must be filed with a psychological evaluation conducted by a licensed psychologist.
Juvenile sex offenders may also apply to the court to be removed from the Sex Offender Registry if they were under the age of 14 at the time of their offense but are now over the age of 18. Otherwise, they follow the same 15-year rule.
“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.
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.