Failure to Register as a Sex Offender

Contact Our New Brunswick or Edison Office to Speak to Jason Seidman, a Former Director in the Middlesex County Prosecutor’s Office, About Your Failure to Register As A Sex Offender Charge

Charged With Failure to Register Under Megan's Law in Middlesex County at the Superior Court in New Brunswick New JerseyAn individual convicted of most sex crimes is required to register under Megan’s Law in New Jersey. This statute imposes an obligation to register as a sex offender with local police and comply varying supervision requirements depending on the tier classification assigned to the individual (i.e. Tier I, Tier II or Tier III). If you have been charged with failure to register because you allegedly did not complete your initial registration, verify your address annually, report a change in address, or failed to report/register access to an internet device, it is extremely important to you retain a criminal defense attorney who is highly skilled in defending Middlesex County sex offender failure to register charges. Failure to secure an acquittal or favorable plea bargain, will likely land you in prison so having the best lawyers at your side is key to preserving your freedom.

The criminal lawyers at The Law Offices of Jonathan F. Marshall possess the attributes to effectively defend your failure to register offense at the Middlesex County Superior Court in New Brunswick. Our rare and exceptional qualifications include:

  • 15 attorneys who limit their practices exclusively to criminal defense. There isn’t another firm in Middlesex County with anywhere near this level of specialization and this is important since it not only demonstrates that we have developed our skill in defending failure to register charges but also tells you that we have been building key relationships within the court system on a daily basis.
  • Over 200 years of combined experience. We don’t believe there is another law office in the county with this level of experience.
  • A former Director in the Middlesex County Prosecutor’s Office on our staff who heads up our New Brunswick Office
  • Two attorneys who served as Director of the Sex Crimes Units of Prosecutor’s Offices in NJ in the past
  • Certified Criminal Trial Attorneys, an honor earned by less than two percent of the lawyers licensed in the state
  • A track record of successful outcomes in Middlesex County failure to register cases

An attorney who is well versed in failure to register offenses is ready to discuss your arrest in New Brunswick, Edison, Woodbridge, East Brunswick or Piscataway.  Contact our New Brunswick Office for a free initial consultation by call 732-246-7126. Initial consultations with our lawyers are always free so do not hesitate to call us whenever the need arises.

The New Jersey Failure to Register Law

N.J.S.A. 2C:7-2 is the law that dictates your guilt or innocence if you were charged with failure to register a sex offender under Megan’s Law. This statute is basically separated into two sections. The first section of the law outlines those instances when someone is deemed to be someone required to register as a sex offender in New Jersey. The second area of the law then goes on to set forth when and where a convicted sex offender is required to register. Our attorneys have summarized each component of the failure to register law in the discussion that follows.

I. Who Is Required To Register in Middlesex County Under Megan’s Law?

In New Jersey law, certain persons are required to register as a sex offender in accordance with subsection (a) of 2C:7-2. Someone falls within Megan’s Law and becomes a registered sex offender if they have been convicted, adjudicated delinquent, or found not guilty by reason of insanity, of the following offenses:

  • Criminal sexual contact of a minor
  • Child pornography distribution
  • Kidnapping N.J.S.A. 2C:13-1c(2))
  • Promoting prostitution of a minor
  • False imprisonment of a minor
  • Producing or Manufacturing of child pornography
  • Sexual Assault
  • Criminal restraint of a minor
  • Aggravated criminal sexual contact
  • Aggravated sexual assault
  • Endangering the welfare of a child based on sexual conduct
  • Luring a child
  • Attempting to commit any of the crimes listed above
  • A person required to register in another state who is either a full-time or part-time student in New Jersey, or who is employed in New Jersey for 14 consecutive days or an aggregate period of 30 or more days in a calendar year

If you fall within any of the categories just listed, you are required to comply with the registration requirements of Megan’s Law.

II. When & Where Is Someone Required To Register As A Sex Offender in Middlesex County?

If you are required to register as a sex offender by Megan’s Law, the question of when you’ll need to register with a specific person or office will depend on your status, location, and other factors. Some of the factors that influence when a convicted offender is required to register include:

  • Individuals on Parole, Probation, Furlough or Work Release. If you fall within any of these levels of supervision, you must immediately register in accordance with the procedures established by the NJ Department of Corrections.
  • Individuals in Prison or the Middlesex County Jail. If you are currently incarcerated, you will need to register with the agency that has jurisdiction over you before your release. You will also have to register with the Chief Law Enforcement Officer of the town where you will be residing within 48 hours of your release.
  • Individuals Moving or Returning to New Jersey. If you are moving to Middlesex County or another area of this state, you will need to register with the Chief Law Enforcement Officer of the city or town where you will be living within 10 days of your move.
  • Full Time & Part Time College Students. If you are from another state and are attending college in New Jersey, you will need to register with the Chief Law Enforcement Officer of the city or town where you will be living within 10 days of commencing attendance at the institution.
  • Employed in New Jersey for 14 Consecutive Days or More Than 30 Days of the Year. If you are working in New Jersey for 14 straight days or more than 30 days within a calendar year, you will need to register with the Chief Law Enforcement Officer of the city, town, or municipality where your job is located, within 10 days of commencing employment in NJ.
  • Change of Address. If you intend to change your address in New Jersey, N.J.S.A. 2C:7-2(d)(1) requires that you notify the Chief Law Enforcement Officer in your current location of your intent to move no less than 10 days prior to moving. You must also register with the Chief Law Enforcement Officer of the new town within 10 days of arrival.
  • Access To or Use of a Computer or Device With Internet Capability. An individual falling under Megan’s Law is required to immediately notify law enforcement of any changes concerning his/her access to internet capable electronic devices. Failure to notify or providing false information concerning access to these types of devices results in a failure to comply with 2C:7-2(d)(2).
  • Periodic Verification Compliance. If you were convicted for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping of a minor, or an attempt to commit these offenses, and the court found that your conduct was characterized by a pattern of repetitive, compulsive behavior, you are required to verify your address with the Chief Law Enforcement Officer of the town where you reside every 90 days. If your obligation was triggered for commission of an different offense or wasn’t found to be repetitive and compulsive, you must verify your address annually (i.e. once every year).

Penalties for Failing to Register, Verify Your Address, or Report Internet Access

There are four (4) criminal violations that can potentially apply under N.J.S.A. 2C:7-2 of Megan’s Law. Each of these violations is discussed individually in the sections below.

  • Failure to Register. The first violation is contained at 2C:7-2(a)(3) and makes it a third degree crime to fail to register as a sex offender. This offense arises when someone never registers upon being released from jail/prison, being placed on probation, or another circumstance where an initial obligation to register is triggered. Failure to register is a first degree crime punishable by up to 5 years in prison and a $15,000 fine.
  • Failure to Report a Change in Address. Subsection (d)(1) of N.J.S.A. 2C:7-2 makes it a third degree crime to failure to report a change in address. The penalties for this violation are up to 5 years in prison and a fine of up to $15,000.
  • Failure to Report or False Information Concerning Internet Access. It is also a third degree crime to fail to report or to misrepresent internet access. You will face 3-5 years in prison and a maximum fine of $15,000 if you are convicted for violation N.J.S.A. 2C:7-2(d)(2).
  • Failure to Verify Address. Failing to do your annual address verification (or 90 verification if applicable) is also a third degree crime under subsection (e) of 2C:7-2. You face a maximum period of imprisonment of 5 years and a fine that can reach $15,000.

A conviction for any of these violation makes your ability to obtain removal from Megan’s Law more difficult.

Defenses to a Middlesex County Charge for Failure to Register

Just because you have been charged with failure to register as a sex offender, it does not mean that you must plead guilty or that you will be convicted at trial. As with all criminal charges, there are defenses to a failure to register a charge. While some of the following defenses may apply to you, only a skilled criminal defense attorney can evaluate your case and determine whether you have a valid legal claim. Some potential defenses to a failure to register charge are:

  1. Clerical Error. While the administrative personnel responsible for registering sex offenders usually do a good job, they are not perfect and can make errors that can result in your registration getting lost or misfiled. It may also be possible for the database that tracks and stores sex offender registrations to reflect inaccurate information for various reasons. When this happens, you may be brought up on failure to register charges erroneously. Clearly, an error relating to your registration that is outside of your control is a defense to a failure to register charge.
  2. Emergency. Depending on your status, there may be a deadline by which you need to register as a sex offender. Under normal circumstances, if you miss that deadline, you may be charged with failure to register. But if you missed the deadline due to an emergency that you can prove, you may be able to have a failure to register charge withdrawn. To be sure, only a bona fide emergency may be considered, and you will likely need to provide supporting evidence to show the nature of the emergency (i.e., a doctor’s note).
  3. You Were Not Required To Register. Only certain people with convictions for specific crimes are required to register as sex offenders. It is also important to remember that the requirement to register as a sex offender may only be imposed for a specific period of time. When that time is over, you may no longer be required to register. If you have been charged with failure to register and you were never convicted of a crime that requires registration, the time period you were required to register expires, or you were never ordered by the court to register, you may have a solid defense to a failure to register charge.
  4. Reasonably Attempted to Comply. There are many instances where our lawyers have been involved in failure to register cases where our clients did just about everything to comply and law enforcement was really the reasonable party for the non-compliance. If the police refused to take your registration, told you it was due yet, or some other circumstance applies that may excuse you from a violation, our Middlesex County criminal lawyers will ensure that you have every opportunity to raise a successful defense to avoid a conviction.

Relationship With Other Offenses

There may be additional restrictions placed on convicted sex offenders that, if violated, may result in further criminal charges. For instance, a convicted sex offender may not be allowed to go within a certain number of feet of a school or daycare center. As a result, it is important that you not only be aware of the registration requirements imposed upon you but also the restrictions that may be placed on you as a convicted sex offender. While violating the restrictions placed on a sex offender is a separate offense from failure to register, these crimes may be brought together, and being convicted of one may lead to an investigation of the other.

New Brunswick NJ Failure to Register Lawyer

As attorneys who have been representing those accused of sex offenses for several decades now, we are extremely failure with both the good and bad when it comes to failure to register charges at the Superior Court in New Brunswick. Law enforcement, probation and parole are often quick to file charges, even in cases of overreaching. If you would like to speak to a lawyer at The Law Offices of Jonathan F. Marshall about an accusation that you failed to register, call us at 732-246-2176. An attorney on our staff will go over the facts of your case and advise you as to how we can help. You are also free to schedule a face-to-face appointment in our office across from the courthouse at 53 Paterson Street, New Brunswick, New Jersey.

Frequently Asked Middlesex County Failure to Register Questions

How Long Do Sex Offenders Have To Register In New Jersey?

If you are required to register as a sex offender in New Jersey, there is generally no expiration date set on this requirement. This means that your requirement to register is likely permanent and will last for the rest of your life. The only possible way to have such a requirement lifted is if a judge terminates it your obligation to register. Our Middlesex County removal from Megan’s Law attorneys can assist you obtaining this relief. Absent removal from sex offender registration, however, your obligation will continue.

Am I Required To Register As A Sex Offender?

If you have been convicted of any of the crimes mentioned on this page, then you are required to register as a sex offender. If you are not sure if you are required to register, you should immediately speak with an experienced sex crimes attorney so that you avoid being charged with failure to register.

I Was Convicted Of A Sex Offense In Another State. Am I Required To Register If I Move To New Jersey?

If you were convicted of an offense in another state that required registration, then you must register in New Jersey when you move. You may also need to inform the state from which you are moving of your desire to move. New Jersey law requires that you register within 10 days of your move-in date.

Do I Need To Register If I Change My Address?

Yes. If you are moving within the state of New Jersey, every time you change your address, you must register the change. You must register within 10 days of your move.

I Will Be Temporarily Working In New Jersey. Do I Need To Register?

If you are working in New Jersey for 14 straight days or more, or more than 30 days within a calendar year, you must register as a sex offender in the town or municipality where you will be working. You must register within 10 days of the beginning of your employment.