Monmouth County Criminal Defense Lawyer Blog

Recently, the Law Office has been successful in winning several motions to be removed from Megan's Law in counties where no other motions have been brought before the Court other than by this office. In fact, one of these motions was objected to by the county Prosecutor's Office, and we still won the motion to the client removed from Megan's Law.
In both cases, over 15 years had passed since the person had been convicted of the sex crime, and there were no new arrests. We were able to prove that the person did not pose a risk to the community and in turn the motion was granted. There are some sex crimes that are disqualified from removal, but most are not. It is imperative that if you qualify for removal that you file the motion immediately, with the assistance of counsel, as it is likely that a Federal Law will come into effect in New Jersey and removal will likely not be able to be obtained within the same time periods.

Ms. Breslow was successful last week in getting an individual removed from Megan's Law, where the individual currently resides outside the State of New Jersey. Often times, a person who was put on Megan's Law more than 15 years ago will decide to leave the state for one reason or another. Of course, other states have reciprocal Megan Law systems, so the person will have to register and often times he or she will be put on the internet. However, if someone has remained arrest free for more than 15 years since the date of conviction or release from incarceration, and the offense is one that is eligible for removal, then through an attorney the person can file a motion to be removed from Megan's Law.

Being taken off Megan's Law will have tremendous effects on one's life, no longer facing the embarrassment they have encountered from neighbors, co-workers, loss of work, etc. Of course, the person needs to be evaluated by a psychologist, and there needs to be a recommendation submitted to the court with the motion papers.
If an individual resides out of state, the motion is filed in the county where the person was originally put on Megan's Law. This is where the motion will be heard before a Superior Court Judge who is often assigned to Megan Law matters.

This office has been very successful at getting these motions granted throughout the State of New Jersey.

If you are eligible to apply for removal from Megan's Law, it is important that you have an experienced criminal defense attorney on your side. This office has successfully won many motions of this type in several different counties. It is imperative that you understand the legal process as well as undergo the proper medical evaluations in order for the motion to be granted.

If you are not sure if you are eligible for removal from Megan's Law requirements, it important that you meet the following requirements. First, it has to be at least 15 years since the date you were convicted of the sex crime. Second, there can be no criminal convictions since the date of conviction of the sex crime. Third, the sex crime can not be of a serious nature. Although there are other criteria that the court will take into consideration in determining whether to grant the motion, these are the initial requirements that must be met.

I have watched many of my clients finally feel free from the shame and stigma of Megan's Law. The Legislature's intent in enacting this statute was to free those individuals who are truly changed individuals, and/or more mature adults who no longer must suffer from past mistakes.

The Law Office of Tara Breslow was successful in winning another Motion for Removal from Megan's Law this week. This means that for a prior offender, who has remained arrest free for the past 16 years, that he will no longer have to face the embarrassment and other related problems resulting from registering for Megan's Law. There are a classification of sexual offenses which are eligible for removal from Megan's Law. This is liberating for those who committed sexual offenses when they were young or possibly when they suffered from a substance abuse problem. Since the time of the incident, the person seeking the removal must have completely changed and no longer suffer from the issues that they once did when the offense was committed. Many people filing this motion are productive members of society who are good parents as well as having other positive life experiences.
An experienced New Jersey criminal defense attorney must file the motion after the person seeking removal is evaluated by a doctor and an evaluation is written. A very detailed brief should be written sighting reasons why the person should be removed from Megan's Law. In addition, the lawyer is required to argue the Motion before a Superior Court Judge.

Sex Offenders who are living under the confines of Megan's Law, can now make an application to the Superior Court to get off of Megan's Law after a showing of 15 years of good behavior. When Megan's Law was first enacted on October 31, 1994, there were provisions allowing some sex offenders to get out of the lifetime parole supervision and registration requirements if they have been in the community for 15 years without re-offending and can prove they no longer pose a threat to the community. Sixteen years have past since Megan's Law was originally enacted and the opportunity has come for those sex offenders, who were convicted of non-serious sex offenses, to make an application to the Court to get off of Megan's Law.

The motion to get off of Megan's Law needs to be filed in the county that the offender was convicted of the sex offense. It is highly recommended that the petitioner meet with an experienced psychologist in order to prove rehabilitation as well as a lack of threat to the community. A New Jersey criminal defense attorney will then file a petition and rely on the doctor's evaluation in order to make a showing of rehabilitation.

I believe that when the Legislator enacted this statute 16 years ago, the intent of the Legislator was to allow those less serious sex offenders who committed offenses when they were young to have the opportunity for a second chance if they led a law abiding life and no longer posed a threat to the community. If someone is truly rehabilitated this allows them to become a productive member of society after a long period time, and not have to suffer the embarrassment as well as the other obstacles that a sex offender faces under Megan's Law.

Continue reading "How to Get Off of Megan's Law in Monmouth and Ocean Counties" »