Can I get off of Megan’s Law in Somerset County?
Being arrested and convicted of certain crimes can be devastating but the special conditions that come along with some of them can be a constant reminder. Unfortunately, convictions for certain sex related crimes will require the individual to register pursuant to Megan’s Law and/or be placed on Parole Supervision for Life. It goes without saying that these types of collateral consequences can be extremely impactful on one’s life. Not only does the stigma surrounding them linger on but the requirements can be burdensome. Some of the requirements can include but are not limited too reporting to a Parole Officer as required, continued counseling, random urine screening, random home searches and restrictions on not only where you could live but with who you could live with as well. Typically speaking, these requirements are for life, but the legislature has allowed for certain individuals to file for termination of not only Megan’s Law Registry but Parole Supervision for Life if certain conditions can be established.
Looking to see if I can get Removed from Registering under Megan’s Law in NJ?
If you or a loved one has been convicted of aggravated criminal sexual contact, distribution of child pornography, sexual assault, endangering the welfare of a child or luring in Somerset or Hunterdon County and would now like to seek to petition the Court for termination of Megan’s Law Registering, the Keith Oliver Criminal Law can help. Our office serves all of Somerset and Hunterdon County, including towns like Clinton, Somerset, Bridgewater, Readington, Raritan, Hillsborough, Somerville, Flemington, Manville and Bound Brook. If you would like to schedule a consultation with one of our criminal defense attorneys, then please contact us directly at 908-533-1064. Now here is some information on who might be eligible for removal from Megan’s Law or Parole Supervision for Life.
How Can I Get off of Parole Supervision for Life in New Jersey?
Only certain individuals, who have been convicted of certain crimes, can petition the Court for removal from Megan’s Law and/or Parole Supervision for Life in New Jersey. In addition, the individual must meet the stringent standards that our legislature has set forth before such a petition will be granted. In New Jersey, an individual seeking removal from Megan’s Law must do so pursuant to N.J.S.A. 2C:7-2(f), which states in pertinent part:
Section N.J.S.A 2C:7-2(f) of the Megan’s Law statute states: “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.”
In layman terms, an individual must:
- Be Offense free for fifteen years; &
- Not likely to pose a threat to the safety of others.
Frequently Asked Questions About Megan’s Law Removal
In most cases, we prefer to have our clients undergo what is known as a Psychosexual Evaluation by an independent doctor. The doctor is usually able to opine as to the likely threat or lack their of that they may pose to the community at large. We also look to highlight any and all treatment that the individual has underwent since the incident in question.
The Courts just recently decided this issue once and for-all. In New Jersey, the individual must remain offense free for at least fifteen years following his date of conviction or date of their release from confinement, which ever is later before they can seek to petition the Court. Also, the individual must be offense free from the date of their conviction. For example, if an individual got convicted of a crime five years after their date of conviction for the crime that placed them on Megan’s Law, they will forever be barred from seeking relief. In other words, the “clock” does not simply restart.
- Aggravated Criminal Sexual Contact;
- Endangering the Welfare of a Child;
- Sexual Assault;
- Not if the individual was Convicted Under N.J.S.A. 2C:14-2(1)c
- Criminal Restraint;
- Aggravated Sexual Assault;
- Sexual Assault Under N.J.S.A. 2C:14-2(1)c
- If the individual is convicted on two or more occasions of any one of the following crimes:
- Aggravated Criminal Sexual Contact, Endangering the Welfare of a Child, Luring, Sexual Assault, Criminal Restraint & Kidnapping.
If an individual successfully petitions the Court for removal from Megan’s Law Registering they will also be able to have their information formally removed from the registry as.
Attorneys Who Handle Megan’s Law Removal Cases in NJ
As one would imagine, being removed from requiring to registry under Megan’s Law or being Parole Supervision for Life can be life altering. These restriction are often times overlooked and sometimes not thoroughly taken into consideration when it comes time to negotiating a plea deal on a sex related crime. If you have been required to register under Megan’s Law and would like to learn your options as far as seeking to be removed, please do not hesitate to contact our office. One of our Somerset County criminal defense lawyers will be glad to sit down and go over all your options with you. We serve all of Somerset and Hunterdon County, including towns like Franklin, Union, North Plainfield, Watchung, Montgomery, Bedminster, Bernards and Basking Ridge.