Hackensack NJ Sex Assault Defense Attorneys
In New Jersey, if an individual is convicted of any of the enumerated sexual assault crimes listed below they may face lifelong consequences. Even the initial allegation of a sex offense may make you or your loved one feel as though others view them as guilty. Being charged with a sex offense is usually different and distinct given the stigma that comes with it. If you or a loved one has been charged with a sexual assault crime, immediate action is necessary as the underlying evidence required to defend these cases can dissipate quickly.
The Law Offices of Jonathan F. Marshall have been defending individuals charged with sexual assault crimes throughout Bergen County for over fifteen years. The firm has a team of ten criminal defense attorneys with a combined experience of over 200 years. Our law firm also has on staff seven former prosecutors who are ready to give you all the advice needed to adequately protect your interests. Our lawyers that were former prosecutors held top positions in the Major Crimes Division, Trial Team Division, as well as the Juvenile Division. One of our attorneys is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this state. Another attorney at our firm was selected to Super Lawyers Rising Stars list for 2020 in New Jersey, a distinction that less than 2.5% of attorneys in this state are selected to. If you would like to come into our office and have a one on one consultation with either Mr. Rosen who heads up our Hackensack Office or any one of the eight attorneys on staff please contact us at 201.429.9783. As always, our initial consultations are always free and we can be reached 24/7 at the aforementioned number.
Bergen County has a high volume of Sexual Assault Cases, ranging from charges of:
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact
- Lewdness
- Endangering the Welfare of a Child
- Luring
- Prostitution
- Invasion of Privacy
Fort Lee Sexual Assault Defense Law Firm
Depending on the sex offense charged, the potential exposure one faces could be as little as six months in the Bergen County Jail all the way up to life in State prison. To make matters worse, on top of the already harsh penalties that are associated with sex offenses in New Jersey, the collateral consequences can be equally as devastating and lifelong as well. A Defendant could be forced to register under Megan’s Law for life or be placed on either parole or community supervision for life.
Megan’s Law
Certain sex offenses here in New Jersey may require you or your loved one, if convicted at trial or a guilty plea is entered, to register as a sex offender under Megan’s Law. Once you or your loved one registers as a sex offender under Megan’s Law here in New Jersey, anyone including your friends, neighbors and family members will be able to access and see that registry on the New Jersey State Police’s website. In addition to this, once you or your loved one’s name is on the Megan’s Law registry and you or your loved one plan on moving then it is required that they will have to notify law enforcement of their new address.
A common question is if someone who has registered as a sex offender under Megan’s Law in New Jersey, then can they ever be removed from the registry? The simple answer to this is yes, but removing you or a loved one’s name from the registry is not that simple. Under New Jersey Statute Annotated 2C:7-2 allows you or your loved one to remove their name from the Megan’s Law registry in New Jersey. This application is made at the superior court, most likely the county where you or your loved one either pled guilty or were convicted at trial. This application is usually made fifteen years after you or your loved one has completed their sentence. Moreover, during those fifteen years it is important that you or your loved one did not commit another offense. Please keep in mind that not all sexual offenses allow are eligible to be removed from Megan’s Law. Certain offenses, such as aggravated sexual assault, are ineligible for removal from Megan’s Law here in New Jersey.
Parole Supervision for Life
If you or a your loved one is convicted of certain sexual offense, then you or your loved one will have to enroll in Parole Supervision for Life (PSL). Under New Jersey Statute Annotated 2C:43-6.4, a person convicted of certain sex crimes will be subjected to mandatory PSL. A few rules and conditions that you or your loved one may have to follow after pleading guilty or being convicted of certain sexual crime(s) are:
- A daily curfew
- Restrictions on;
- where you or your loved one can travel,
- where you or your loved one may live, and
- who you or your loved one can live with
- Limited or no use of internet
- GPS monitoring and random home visits
- Any other condition the Parole board deems necessary.
As stated above, PSL applies to certain sexual crimes. PSL will be enacted one you or your loved one is sentence by a Superior Court Judge. The sexual crimes that requires PSL include:
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Criminal Sexual Contact
- Kidnapping (victim was less than sixteen years of age and a sex offense was performed or the victim is sold or given to another for monetary gain)
- Certain Endangering the Welfare of a Child charges
- Luring
If you or your loved one fail to comply with the conditions of PSL, then a third (3rd) degree crime can be brought at the Superior Court. However, if the charge occurred before July 1, 2014, then the Prosecutor’s office can only bring a fourth (4th) degree charge for failing to comply with PSL. A person can be removed from PSL, yet to be removed from PSL is an uphill battle. The reason it is difficult to be removed from PSL is due to the following:
- At least fifteen (15) years have gone by from either the date of conviction or release from prison, whichever one is later,
- There hasn’t been any new offenses during that fifteen (15) years, and
- The defendant will likely not pose a threat to the community if they’re discharged from PSL
All of the above must be proven by the defendant by clear and convincing evidence. Therefore, if you have been charged with a sex offense it is imperative that you speak to an experienced Bergen County criminal defense lawyer immediately about your options. The most common sex crimes that a Defendant finds themselves charged with in towns like Hackensack, Fort Lee, East Rutherford, Fort Lee, Teaneck, Paramus, Fair Lawn, Elmwood Park and Englewood City are listed below.
Protect Your Rights, Speak to an Experienced Attorney
If you have been arrested for and charged with any of the aforementioned crimes it is imperative for you to speak to a qualified criminal defense attorney immediately. The Law Offices of Jonathan F. Marshall has been serving all of Bergen County for over a decade. As you can see from above the penalties if convicted could be absolutely devastating to ones future. As such, our law firm has a team of ten criminal defense attorneys that exclusively practice in criminal law. Our attorneys have a combined experience of over 200 years, and have seven former prosecutors on staff. If you have any further questions with regards to any of the above referenced crimes, please contact anyone of our Bergen County Office to set up a free consolation about your pending charges. Our office serves all of Bergen County including towns like Fort Lee, Paramus, Hackensack, Fair Lawn, East Rutherford, Tenafly, Edgewater, Rochelle Park, New Milford and Lodi. The firm accepts all major credit cards and has flexible payment plans if needed. If you have any questions please do not hesitate to contact us at 201-429-9783.