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If you have been convicted of a sexual offense, our New Jersey Megan’s Law lawyers are here to provide compassionate legal support and guidance through the road ahead. We understand that the implications of Megan’s Law might feel overwhelming or distressing. Our attorneys will help you know the facts and overcome the challenges associated with your Megan’s Law classification.
Under statutes N.J.S.A. 2C:7-1 through 2C:7-11, several sex crimes require a person to register with the Internet sex offender registry:
At Aiello, Harris, Abate Law Group PC, we help those accused or convicted of sexual crimes in New Jersey protect their rights, understand the implications of their charges, and seek a hopeful path forward. Our comprehensive legal support includes criminal defense, post-conviction guidance, representation at Megan’s Law tier hearings, appeals, and removals under Megan’s Law, expungement assistance, and more.
New Jersey passed the Sex Offenders Act of 1994, also known as Megan’s Law, to manage the reentry of sex offenders into society. The law divides sex offenders into three categories — Tier I, II, and III — based on their likelihood of reoffending. Each tier comes with a higher level of community notification requirements.
New Jersey was one of the first states to pass a law addressing sex offenders’ reentry into society. While other states passed laws requiring sex offenders to be registered, New Jersey expanded this requirement to include community notifications.
The state has based its statutes on the federal Megan’s Law, which requires law enforcement to make information about registered sex offenders available to the public.
Under New Jersey’s sex crime laws, the Internet sex offender registry includes information about offenders determined to pose a high risk of reoffense (Tier III) and a moderate risk of re-offense (Tier II), with certain exceptions made for the latter category. Tier I offenders are generally excluded from the registry.
You will be notified if you are required to register as a sex offender. Failure to do so is a third-degree crime with penalties of up to five years in state prison and fines of up to $15,000.
To initially register, you will need to fill out a form and submit it to your local police department. It will include your personal information, including your home address and place of employment.
You must then update your personal information any time it changes. If you move to a new address, you must notify the local police at least 10 days before the move. Certain sex offenders are required to verify their addresses annually or every 90 days.
Those convicted of certain sex offenses may also be sentenced to Parole Supervision for Life (PSL), which requires them to be monitored by a parole officer and adhere to certain conditions, such as drug testing, internet use restrictions, and home visits.
Those classified as Tier II and Tier III sex offenders are subject to community notifications. Certain local parties would be notified of your sex offender status, such as:
For Tier III offenders, a law enforcement officer would also deliver a notice to all individuals in your neighborhood.
Notifications include your:
Our New Jersey Megan’s Law lawyers can help you work through the implications of these community notification requirements and protect your personal safety.
You may have legal recourse to challenge your proposed Megan’s Law classification and potentially lower the registration requirements that apply to you. Our attorneys will craft a strong defense strategy during Megan’s Law hearings, protecting your rights at every stage.
You may feel that the days leading up to your trial and conviction were some of the most challenging of your life. Unfortunately, adapting to the post-conviction complexities might be just as tricky. Our compassionate attorneys can help you seek post-conviction relief (PCR) and potentially reduce your obligations under Megan’s Law.
PCR is a legal process that allows you to challenge certain aspects of your conviction or sentence and address potential errors in your proceedings. Allow our attorneys to examine the details of your case and identify your opportunities for post-conviction relief, then guide you through the process.
The court is responsible for determining which Megan’s Law tier to assign, but the criteria for classification are somewhat subjective. Our attorneys can help you fight for a lower tier and its benefits through a tier classification hearing.
New Jersey offers a very short window for appeal. You have 14 days from the date you receive notice of your tier classification to file a notice of appeal.
You may have grounds to appeal Megan’s Law determinations if:
Appealing involves petitioning the trial court to reconsider its determination. Our attorneys will represent you during this hearing
Case Study
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
In addition to community notification and registration requirements, you may be subject to specific restrictions outlined in the terms of your sentence. Our legal team will help you adapt to the new challenges that follow a conviction, including the following.
The court may have imposed restrictions on your internet and social media usage, such as monitoring your devices, limiting the use of specific devices, or restricting your access to social media. We can advocate for reasonable access and restoration of online privileges by showing a clean record post-conviction. We can also protect your First Amendment rights to specific actions.
Your parole restrictions, or parole supervision for life may include GPS monitoring under New Jersey’s Sex Offender Monitoring Act. Let us help you manage and negotiate the terms of this supervision and address any challenges you may face in adhering to them.
If you are classified as a Tier III sex offender, you may be prohibited from residing within 500 feet of a school, daycare, playground, or similar location. Potential landlords may also disqualify you from renting housing based on your sex offender status, no matter the tier.
Our New Jersey Megan’s Law lawyers provide legal assistance with housing disputes and residency challenges. Let us help you find comfortable, safe housing options that comply with state laws.
You may face barriers to employment due to your registered sex offender status. Our attorneys will advocate for your right to work and help you explore potential placements. We will also collaborate with employers to find suitable positions for you.
Even though your Megan’s Law requirements may feel unfair, adhering to them is imperative to meeting the terms of your release and avoiding future penalties related to your conviction. Prosecutors keep a strict watch over convicted sex offenders and are ready to strike at the first sign of a violation. Our attorneys will help ensure your compliance by clearly explaining your post-conviction requirements.
If you are found to be in violation of Megan’s Law requirements, you may face up to five years in prison and fines of up to $15,000. We provide legal representation in the face of alleged violations.
Your registration requirements will remain in effect for the remainder of your life, but you may have the opportunity to petition for removal.
New Jersey offers specific types of expungement, which would destroy the record of your criminal conviction and make it unavailable to the public. We can explore the criteria for different types of expungement related to your case.
Otherwise, you may petition to remove yourself from the sex offender registries if:
We will represent you in your petition.
Some Tier II and Tier III Megan’s Law offenders are prohibited from being around kids. Your restrictions depend on the terms of your parole.
A Megan’s Law violation means you have failed to comply with the requirements for registering or informing law enforcement of your updated address or personal information.
Megan’s Law applies to certain juveniles who are convicted or adjudicated as delinquent for specific sex offenses, requiring them to register like adults.
The sex crimes under Megan’s Law are often felonies, as is the failure to comply with Megan’s Law requirements.
Yes, all 50 states have implemented some form of Megan’s Law.
You can generally move to another state, but you will need to notify local law enforcement of your change of address and comply with the registration guidelines in your new state.
You can generally travel to another state as long as you do not violate your Megan’s Law requirements in doing so.
Many countries, mainly English-speaking ones, have some version of Megan’s Law.
You can travel abroad if registered with Megan’s Law, but you may need to report your international travel plans and maintain a certain passport identifier.
The federal government maintains a public website (the Dru Sjodin National Sex Offender Public Website) that provides access to sex offender data in all 50 states.
The Violent Crime Control and Law Enforcement Act of 1994 (The Wetterling Act) became part of Megan’s Law in 1996 when Congress amended it to include registration requirements for sex offenders.
Sex offenders are typically required to update their registration every 90 days or annually, depending on their tier classification and specific requirements.
Individuals can be removed from the registry in some instances if more than 15 years have passed since they fulfilled their sentences and they have not committed other violent crimes. Our New Jersey Megan’s Law lawyers can explain your eligibility.
Law enforcement agencies conduct regular checks to verify that a person’s address and other personal information have not changed since they last registered.
Navigating life after conviction can be overwhelming, but our compassionate and competent attorneys at Aiello, Harris, Abate Law Group, PC, are here to help. We are committed to upholding legal excellence, promoting community safety, and safeguarding individual rights.
Several of our attorneys are former prosecutors who understand the other side of the court system and leverage that knowledge to defend you effectively with New Jersey’s sex crime laws. Schedule a consultation with our New Jersey Megan’s Law lawyers today.
Call us today at (908) 873-3571 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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