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New Jersey Megan's Law Removal Lawyer

New Jersey Megan's Law Removal AttorneyMegan's law authorizes law enforcement agencies to notify the public about where convicted sex offenders live and work. Under Megan's law, the police may notify local schools in the registrant's community and the area of the registrant's employment, depending on the registrant's tier classification. The registrant's photo may also be posted online in an internet database.

If the state charges you with a sexual offense in New Jersey, contact an experienced attorney to represent you. Tara Breslow-Testa and Associates is experienced in defending clients in sex crime cases and helping clients get removed from Megan's law registration requirements. Accomplished criminal defense attorney Tara Breslow takes care of each case from start to finish. She provides clients with the type of individualized attention they might not get at larger firms. To schedule a free, confidential consultation, contact us at (732) 784-2880 or online.

Megan's Law Removal Information Center
  1. Which Crimes Require Megan's Law Registration?
  2. Megan's Law New Jersey Classifications
  3. Filing A Challenge Against Tier Classification
  4. Requirements For Removal From Megan's Law
  5. Process For Being Removed From Megan's Law
  6. Juvenile Removal From Megan's Law
  7. Contact A New Jersey Criminal Defense Attorney
Which Crimes Require Megan's Law Registration?

Anyone convicted of aggravated sexual assault or another sexual crime must register with their local police department. Specific charges that require registration under Megan's law include the following:

  • Aggravated sexual assault;
  • Sexual assault;
  • Aggravated criminal sexual contact;
  • Kidnapping, where the victim is less than 16 years of age;
  • Endangering the welfare of a minor by engaging in sexual conduct with a minor;
  • Luring or enticing a minor; and
  • Criminal sexual contact if the victim is under the age of 18.

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Megan's Law New Jersey Classifications

If you have been convicted of a sexual offense and released from prison, the registrant must be evaluated and classified under Megan's law in New Jersey. There are three tiers of classification, and the information provided to the public depends on the classification someone falls into.

Tier 1 Classification

A Tier 1 classification is for low-risk offenders, meaning the chance of committing another sex offense is low. Getting placed in this tier results in minimal consequences. If you are considered a Tier 1 offender, only law enforcement will be notified of your sex offender status. Thus, you will not be known as a sex offender by your neighbors.

Tier 2 Classification

A Tier 2 classification means you present only a moderate risk of committing another sexual offense. Not only will the local law enforcement be notified—any childcare facility, such as schools and children's camps, will be notified. Therefore, if you are placed in Tier 2, you may have to register on the state's sex offender registry.

Tier 3 Classification

A Tier 3 classification means you present a high risk for committing another sex crime. Law enforcement and facilities that care for children will be notified of sex offender status. Additionally, you will have to register on the state's sex offender registry.

As a result, Megan's law can severely impact your life depending on your classification, far after you have served your sentence.

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Filing a Challenge Against Tier Classification

Once your tier is determined, you will receive a letter in the mail notifying you of the decision and outlining your rights to challenge the classification. Typically, you have 14 days to notify the court and the prosecution that you will challenge it. At the second hearing, your attorney will present arguments challenging the tier classification, and the prosecution will present arguments for why they placed you into a specific tier.

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Requirements for Removal From Megan's Law

To get removed from a Megan's Law list, a person must:

  • Not commit an offense within 15 years following their last conviction or release from a correctional facility;
  • Show that they are not likely to pose a threat to the safety of others;
  • Not have a conviction for more than one sex offense; and
  • Not have been convicted of aggravated sexual assault under any circumstances, or sexual assault where the actor commits an act of sexual penetration and uses physical force or coercion.

You must file a Megan's law removal motion in the county where the crime occurred. A mental health professional must support your motion by conducting an evaluation and presenting results that determine you are no longer a threat to the wellbeing of others. Under current New Jersey law, a new criminal charge, sexual or not, will bar you from being able to remove your name from the registry.

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Process for Being Removed From Megan's Law

The removal process may take one to three months, depending on your records, the strength of the doctor's report, and the attorney's motion. Once you submit the motion and mental health evaluation, the court will set a hearing date in which your attorney may make arguments on your behalf and where the state will likely make arguments to have you remain on Megan's Law registry. Before the court hearing, an experienced attorney will gather the following to better your case:

  • Discovery
  • Judgment of Sex Crime Conviction
  • Probation Records
  • Tiering Records
  • Any Additional Relevant Records

A qualified Megan’s law removal lawyer can help you file a motion to be removed from sex offender registration requirements. For help with removing your name from the registry, contact a Megan’s law removal lawyer at Tara Breslow-Testa and Associates.

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Juvenile Removal From Megan's Law

Previously, all juveniles that committed sexual offenses were on Megan's Law registry for life because the law presumed that if a minor commits a violent sexual act, they are likely to do such a thing again. However, the New Jersey Supreme Court decided in, In re Registrant J.G., 169 N.J. 303 (2001) that juveniles under 14 who committed a sexual offense could later seek removal from Megan's law if they met the following requirements:

  • They are now older than 18; and
  • They can prove they are no longer a threat to others.

The prosecution can oppose the motion for removal by presenting evidence that the individual should remain on the list. In most situations, the state will make that argument to ensure the safety of citizens from all prior, present, and potentially future sexual predators regardless of if you are still a threat.

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Contact a New Jersey Criminal Defense Attorney

If you wish to be removed from the Megan's Law registry, contact an attorney as soon as possible to determine if you qualify and how to get the process started. Tara Breslow-Testa and Associates is here for you. Tara Breslow-Testa personally handles each client’s case from front to back to ensure clients get the personalized attention they deserve. To schedule a free, confidential consultation, contact our law offices at (732) 784-2880 or online.

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