New Jersey Criminal Defense Attorney Blog
We are New Jersey Megan’s Law lawyers who frequently prepare, file and argue motions for termination of Megan’s Law registration obligations, as well as termination of parole supervision for life or community supervision for life requirements. As parole supervision for life lawyers in New Brunswick, New Jersey, we represent clients in every New Jersey county who are seeking to bring their registration and supervision nightmares to an end. We also monitor the most recent developments in this area of the law, so as to always be aware of current trends and issues.
The basic requirements for termination of Megan’s Law and parole supervision for life are fairly straight-forward, at least on the surface. Generally speaking, those seeking termination of their Megan’s Law registration requirement must satisfy three criteria. First, the applicant must not have been convicted of aggravated sexual assault, or sexual assault involving force or coercion. Next, at least 15 years must have transpired since the later of the date of the applicant’s conviction (measured from the date of sentencing), or date of release from prison, and the applicant must have remained offense-free during that 15-year period. Finally, the applicant must be able to show that they are not likely to pose a threat to the safety of others. This last showing is made by means of a psychological evaluation that is submitted with the motion papers. The evaluation is prepared by a forensic psychologist who is specifically trained to do this work, and can prepare a report designed to satisfy the concerns of judges and prosecutors. An experienced Megan’s Law attorney in New Jersey can tell you if you meet these criteria given the facts and circumstances of your unique situation.
The requirements for terminating parole supervision for life are similar. The applicant must be able to show that they have not committed a crime during the 15-year period described above, and must also show that they will not be a danger to the community if they are released from parole supervision. A parole supervision for life attorney in New Jersey can explain how these criteria apply to your case.
Applicants must bear two points in mind as to the 15-year requirement. An offense or conviction during that period does not have to be for a sex offense; rather, it can be for any criminal offense. In other words, any criminal offense or conviction during the 15-year period can bar termination. Also, the 15-year clock does not start to run again from the new offense or conviction. An offense or conviction during the 15-year period can permanently bar relief. A seasoned New Jersey community supervision for life attorney can tell you if a new offense or conviction will prevent you from having your requirements and obligations terminated.
The trickiest of the requirements can be whether the applicant is a danger to the community. An issue being litigated in our courts at this time is whether a parole violation incurred during the 15-year period can be used to bar termination. Strictly speaking, parole violations that are not charged as criminal offenses, but are instead handled as administrative matters by the New Jersey Parole Board, are not offenses or convictions and should not bar termination. But a significant number of parole violations accumulated during the 15-year period may cause a judge or prosecutor to conclude that the applicant is a danger to the community, even if the violations did not result in criminal charges in the Superior Court. A community supervision for life lawyer in New Jersey can tell you if your 15-year track record contains incidents that may hinder you from satisfying this factor.
Two other issues that arise frequently involve those originally convicted of a sex offense in federal court, and individuals who were convicted in New Jersey but then moved to another state. It typically happens that individuals convicted of sex offenses in federal court are order to comply with the sex offender regimen of the state where they will live. In other words, if you were convicted in federal court but live in New Jersey, you will have to comply with the New Jersey Megan’s Law and parole supervision for life requirements. This means that if you satisfy all of the above criteria, you will apply for termination in the New Jersey state court system, as opposed to the federal court system. Further, if you were convicted in New Jersey but then moved to another state, you must apply for termination in the New Jersey courts, and then show a copy of the order to the authorities in the state where you reside. Bear in mind that you may have to make a motion in the courts of the state where you now reside to terminate your registration and supervision requirements, regardless of the fact that New Jersey (the state where you were originally convicted) has terminated you. A Megan’s Law lawyer in New Jersey can guide you through these issues.
To date, our success rate on these applications has been high. If you are subject to Megan’s Law and community supervision for life or parole supervision for life and are eligible to have these overly burdensome obligations terminated, you should be thinking about doing everything you can to get off. Nothing is more disheartening that someone who is eligible, but then picks up a criminal offense or conviction that will permanently bar them from ever getting off.
James S. Friedman, Esq., is a Megan’s Law attorney in New Brunswick New Jersey. As a New Jersey parole supervision for life lawyer, Mr. Friedman has helped many people have their registration and supervision obligations terminated so that they could get on with their lives. If you are on Megan’s Law and community supervision for life or parole supervision for life, call Mr. Friedman today to see if you satisfy the criteria described above, and get off as soon as you can. Mr. Friedman can be reached at 732-979-2259, or 800-361-6554. You can also view our website at www.jfriedlawfirm.com.
