Saturday, September 13, 2014
NJ Criminal Defense Lawyer
Criminal Lawyers in New Jersey™
Megan's Law in New Jersey: An Overview
Click for Your Confidential No-Obligation Case Review Law Offices of Allan Marain
Attorneys at Law
P.O. Box 1030
New Brunswick NJ 08903
or Toll Free: 877-652-6531
“Megan's Law” is a social and legal abomination. It originated in New Jersey, but is now nationwide. Megan's Law began as a hysterical overreaction to the heinous and brutal murder of a little girl, Megan Kanka. The social dragnet that Megan's murder inspired now causes unimaginable hardship to thousands, or tens of thousands, of persons. The vast majority of those persons pose no threat to the public.
Megan's Law's costs to New Jersey and the nation are staggering. It cripples those that it directly affects, thus diminishing their ability to contribute to society. The cost of the bureaucracy created to implement and enforce Megan's law is astronomical. It diverts urgently needed resources from projects throughout New Jersey and the nation. Thus bridges collapse, food goes uninspected, and water mains break. All the while, society is too fixated with its witch hunt to give those actual dangers the attention they so desperately need. In the process, those caught in the jaws of Megan's Law are left to deal with it as best they can.
Persons subjected to Megan's Law, incur various obligations. One obligation is to register with local police. The frequency of required registration will be either annually, or every ninety days, depending upon details of the conviction. Additionally, persons convicted of Megan's Law offenses are placed on parole supervision for life (originally called “community supervision for life”). Parole supervision for life requires the individual to regularly report to, and be monitored by, a parole officer. Conditions accompany this placement. Typical conditions relate to drug testing, alcohol testing, curfews, where the person may reside, and use of computers. The person may even be prohibited from relocating outside the State of New Jersey.
Persons subject to Megan's Law are subjected to community notification. Photos are posted on the internet. Information collected in the ongoing registration process is disseminated to persons living or working near where the registrant lives, works, or goes to school. The degree to which the community is saturated with this information depends on which of three “tiers” or risk levels, the registrant is assigned. Tier One is the lowest tier, Tier Three the highest. Provision exists to challenge Tier Two and Tier Three assignments.
Megan's Law sentences are for life. Provisions exist, however, for persons in New Jersey to be removed from the requirements of Megan's Law. Application for that removal can come only after the person has been subjected to Megan's Law for at least fifteen years. There are actually two aspects to removal from those requirements. The first aspect is elimination of the requirement for periodic registration. The second aspect is release from the requirement of Parole Supervision for Life. A person subject to both requirements would normally seek relief from both at the same time. However, criteria for relief for each of the two burdens is not identical. A person may thus qualify for relief from one of these requirements, but not the other.
Relief is sought by making a motion to the court. The motion must have supporting affidavits, with exhibits. These exhibits document the appropriateness of providing the relief that is sought. This documentation will include a criminal history, as well as a psychological evaluation.
Allan Marain and Edward J. Byrne are New Jersey Megan's Law Lawyers. Both lawyers have been in practice since before Megan's Law came into existence. Both lawyers are qualified to assess eligibility for relief from Megan's Law, and to pursue that relief from the court. Both are experienced New Jersey sex crimes lawyers. Both lawyers can forcefully and effectively represent the accused individual before their ever being subjected to Megan's Law in the first place.
Persons wishing to explore relief from the horrors of Megan's Law, and those facing sex charges, are invited to discuss their situation with them.
“When professionalism is lacking, there is a
slow drift downwards towards mediocrity.”