Camden County, NJ Getting Off Megan’s Law List
Experienced Criminal Defense Attorney Helps Clients in Camden County Take Themselves of Megan’s Law List
While having convicted sex offenders on the Megan’s Law list is important to protect public safety, it is also an embarrassing and onerous requirement for those required to register on the list, especially when an individual has served his or her prison sentence, committed no other offenses, completed his or her treatment (if any), and no longer poses a threat to the community. Fortunately, New Jersey law allows Megan’s Law list registrations to petition the court to remove them from the list, provided they meet certain statutory requirements and can prove that continued registration requirements are no longer necessary because they do not pose a threat to the public. Although the process for motioning the court for removal from the Megan’s Law list appears to be straightforward, in reality an applicant can greatly improve the chances of a successful motion with the assistance of an experienced sex crimes defense attorney. The Law Office of Stephen R. Piper helps individuals in Camden County and throughout southern New Jersey to successfully petition the court for their removal from the Megan’s Law list.
Process for Removing Oneself from Megan’s Law List
New Jersey law sets forth the process for a sex offender to request that the court remove him or her from the Megan’s Law list. The first step in the process is determining whether the individual is eligible under the law from removal from the list. Eligibility requirements differ depending on whether the offender is a juvenile or an adult:
- For a juvenile, he or she must have been under the age of 14 when he or she committed the offense requiring Megan’s Law registration, be under the age of 18 upon motioning the court for removal from the list, and prove to the court by clear and convincing evidence that she or she is not likely to pose a threat to the safety of others.
- For an adult, he or she must be 15 years removed from his or her conviction or release from a correctional facility (whichever is later), not have committed any new offenses since his or her conviction or release, not be convicted of a disqualifying sex crime (such as aggravated sexual assault), and prove to the court that he or she does not pose a threat to the safety of others.
If an offender is eligible for removal from the Megan’s Law list, the next step is to begin collecting all the documents and information that must be submitted to the court in support of a motion for removal. These documents include records of your conviction, probation, and tiering records, police reports from your original offense, a notice of motion to the court, and a brief arguing in support of your motion. You will also need to retain an expert witness, usually in the field of psychology or psychiatry with a focus on sex offenders, who will testify as to his or her opinion that you do not pose a threat to the community.
Once the necessary documents and information are assembled and prepared, the next step is to file your motion, along with the supporting documents and information, with the court in the county where your original offense occurred. The court may request additional documents or information from you after you file you motion. Eventually, the court will schedule a hearing on your motion. A state prosecutor may appear and offer arguments in support of the prosecutor’s objection to your motion. You will also be able to present your evidence in support of your motion, including having your expert witness testify as to his or her opinion that you no longer pose a threat to the public. Even if the state objects to your motion, the court will decide based on the briefs and evidence before it and upon the relevant case law, rendering a decision to either grant or deny your motion. If the court decides against your motion, you can take an appeal; however, such an appeal is not likely to be successful.
Defense Lawyer Stephen Piper Fights to Protect Reputation of Those Facing Sex Charges
As a former prosecutor, Stephen R. Piper is extremely familiar with the criminal justice system in New Jersey. If you are seeking to have yourself removed from the Megan’s Law list, Stephen R. Piper can review the facts of your case to determine whether you are eligible for removal and can begin to craft an effective argument to convince the court that you no longer pose a threat to public safety. In particular, he can work with expert witnesses to develop persuasive opinion testimony that will help to convince the court. Stephen R. Piper believes in providing compassionate, effective legal representation, and will take the time to thoroughly develop your case and answer all your questions, explaining your legal rights and options and the process of having yourself removed from the Megan’s Law list.
Contact the Law Office of Stephen R. Piper to Schedule a Consultation with a Knowledgeable Criminal Defense Attorney
If you are a sex offender seeking to remove yourself from the Megan’s Law list, don’t go about the process alone. You are far more likely to be successful in motioning the court to remove you from the list with the help of an experienced sex crimes defense attorney. Contact the Law Office of Stephen R. Piper today to schedule a consultation to learn more about your eligibility and options for removal and how our firm can help you successfully petition the court.
Frequently Asked Questions about Getting Off Megan’s Law List
It is not necessary to have a criminal record expunged before motioning the court for removal from the Megan’s Law list. In certain cases, the sex crime for which you were convicted may be ineligible for expungement. These are many of the same offenses that make an offender ineligible for removal from the Megan’s Law list.
Although you do not need to be represented by an attorney to apply for removal from the Megan’s Law list, being represented by experienced legal counsel may be your best chance at a successful application. In order to be removed from the list, an offender must prove, among other things, that he or she is “not likely to pose a threat to the safety of others”. Proving this often requires expert testimony. An experienced sex crimes defense attorney is well-suited to develop the evidence and testimony necessary to convince a court that you are eligible for removal from the Megan’s Law list.