Middlesex County NJ Sex Crimes Defense Lawyers
Criminal defendants who fall within Megan’s Law have a long road in terms of registering and reporting as a sex offender. However, the law provides relief for those who comply with the law by allowing for removal from Megan’s Law under certain conditions. The lawyers at our firm, The Law Offices of Jonathan F. Marshall, have provided the information that follows in order for you to assess whether you are eligible to be removed from Megan’s Law. To speak to an attorney at the firm in a free consultation, contact our New Brunswick Office at 732-246-7126.
Removal from Megan’s Law In Accordance with N.J.S.A. 2C:7-2(f)
Megan’s Law is contained at N.J.S.A. 2C:7-2 of the New Jersey Criminal Code. Subsection (f) outlines what is involved in securing removal from the obligations imposed under this act and provides that:
f. 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.
Exclusions Under Subsection (g). An individual is ineligible for removal if he/she has been convicted of more than one sex offense, an aggravated sexual assault, or for using force to commit an sexual assault.
Expiration of 15 Years Without An Offense. A key component of the removal provision is the requirement that the applicant go 15 years without a new offense. There are two important dynamics to note in this regard. The first thing to keep in mind is that the court has determined that the 15 year period does not begin until the date of conviction or release from incarceration, whichever is later. In addition, there cannot be any new “offense” committed within the 15 year time period. As of the date of preparation of this article (9/27/16), the term offense has been interpreted to include not only sex crimes but a failure to register conviction, as well as a violation of a restraining order.
Proving That You Are Not A Threat To The Safety Of Others. The only way to satisfy this requirement is to provide the court with an expert report from a psycho-sexual physician that provides an opinion supporting this position. Testing, interviews and document retrieval must be undertaken by the expert in order to accomplish this assignment.
New Brunswick NJ Megan’s Law Removal Lawyers
If you need to file a petition for removal in New Brunswick, the lawyers at The Law Offices of Jonathan F. Marshall are well positioned to assist you. We possess over a century of combined criminal experience that includes time serving in the Middlesex County Prosecutor’s Office. The firm also happens to have an office in New Brunswick directly across the street from the county courthouse where your case will be heard. An attorney with the knowledge and skills to obtain removal from Megan’s Law is ready to provide a free consultation at 732-246-7126.
