Failure to Register as a Sex Offender

Burlington County Failure to Register as a Sex Offender Lawyers

Sex offenders convicted of specific sex-related crimes must register with New Jersey’s Sex Offender Internet Registry under Megan’s Law requirements. Whether convicted in New Jersey or elsewhere, sex offenders residing in New Jersey temporarily or permanently must register. Failure to do so is a crime. Although registration may subject an individual to embarrassment and working and housing restrictions, disregarding New Jersey’s registration law for sex crimes compounds the problems of having a criminal conviction. The registration mandate is part of a convicted sex offender’s community supervision for life by the public, parole officers’ periodic visits, and the requirement to receive permission to leave the state. Those who fail to register face up to five years of incarceration if convicted, necessitating the most well-formulated defense possible when charged with failure to register in NJ.

If you have been accused of failing to register as a sex offender and face criminal charges in Burlington County, including in Mount Laurel, Mount Holly, Evesham Township, Florence, Cinnaminson, Willingboro, Moorestown, Pemberton, and elsewhere in Southern New Jersey, contact our firm to consult with a dedicated sex crime defense lawyer right away. With the prospect of an additional prison term for violating New Jersey’s sex offender registration law, it is imperative to ensure that you have top-notch representation. For a free initial consultation with our team of New Jersey Megan’s Law attorneys, call (609) 850-8284.

Registration Obligations for Convicted Sex Offenders in New Jersey

N.J.S.A. 2C:7-2(b) lists who must register following a conviction. Defendants convicted of crimes or attempted crimes of aggravated sexual assault, aggravated criminal sexual contact, child pornography distribution, child pornography promotion, criminal restraint, criminal sexual contact, endangering the welfare of a child, false imprisonment, kidnapping, luring a child, and sexual assault must register as sex offenders. Many of these crimes involve minors or violence, thus, their distinction as registerable offenses. The New Jersey legislature enacted Megan’s Law after a 7-year-old girl was raped and killed by an unknown sex offender living nearby.

Timing of Registration under Megan’s Law

The time to register is outlined in N.J.S.A. 2C:7-2(c). The law pertains to those who are not incarcerated, those who are in prison, out-of-state residents, and those residing in New Jersey temporarily for school or work. Those serving time outside prison are convicted sex offenders on probation, parole, furlough, or work release. They are all finishing or serving terms outside of prison under supervision by parole or probation offices.

What Happens if I Just Got out of Jail and Have to Register for Megan’s Law?

Once a convicted individual begins their supervised term, they must register. On the other hand, inmates register before or within 48 hours of release.

Registration Requirements for New NJ Residents

For an out-of-state sex offender relocating to New Jersey, attending college, or working there for at least two weeks straight or more than a month, they must register where they live in New Jersey within ten days of arriving. They must register with the chief law enforcement officer nearest their residence. If applicable, the individual has five days to report a change of employment or school enrollment.

Important Information for those Required to Register as a Sex Offender in NJ

An individual fills out forms requiring their name, address, and other information to register. Prison staff typically assist inmates with initial registration. All sex offenders must then re-register for each address change within ten days before a move or five days after; otherwise, they must verify their address annually. Sex offenders must register on the state sex offender registry, providing their current address and other information to local law enforcement.

However, whether the public gets notice of sex offender information depends on the offender’s tier assignment. Once registered, a court assigns a tier 1, 2, or 3 after a risk assessment. Tier 1 is the lowest risk designation, and law enforcement is the only one notified of the registration. Tier 2 is an assessment of moderate risk to the public and requires public disclosure to law enforcement, youth community organizations, and schools. The highest risk, Tier 3, requires publication to the community and Tier 2 notifications.

Tier 2 and 3 sex offenders register identification features, such as name, age, race, weight, height, hair color, eye color, tattoos, and photo. Also included are the offender’s residence address, vehicle identification information, and offense details. They must inform the police about their computer and Internet access information, too. With such facts, the community may quickly identify the offender. And though the law is meant to safeguard the public, registry information may lead to an offender’s harassment and vilification. Fortunately, an offender may challenge the tier allocation when the judge assigns their tier at a hearing. If you are interested in appealing your tier designation in a New Jersey Megan’s Law case, click the link for more information.

Charged with Failure to Register or Report under N.J.S.A. 2C:7-2

Though the consequences may be daunting, a convicted sex offender must register or face criminal consequences. N.J.S.A. 2C:7-2 requires those convicted, adjudicated delinquent, or found not guilty by reason of insanity of specific sex offenses to register per the dictates of Megan’s Law. The law also requires anyone who would be required to register as a sex offender in another state to register in New Jersey, whether they are college students or working for 14 consecutive days or over 30 in the state.

Sentencing for Failing to Register as a Sex Offender in New Jersey

It is essential to follow the requirements of your Megan’s Law sex offender registration to avoid being charged with another crime for failure to register in New Jersey. Otherwise, you face three to five years in prison and a potential $15,000.00 fine for a third degree criminal conviction. And the law applies to those who do not register initially and those who fail to register a change of address after a move or the annual address verification, regardless of whether they moved or not.

Contact Mount Laurel NJ Megan’s Law Failure to Register Attorneys to Defend Your Case

For a convicted sex offender, life can be stressful, living from one registration deadline to the next for decades. An individual may be forced to move suddenly and then miss the five-day registration deadline in the confusion of a sudden move. A deadline may pass without notice during a chaotic time in a person’s life. Fortunately, a skilled sex offense defense attorney at Proetta, Oliver, & Fay can help if a missed deadline results in criminal charges for failing to register initially or after a relocation. Though it may not be a defense, an excusable mistake in failing to register, such as confusion about dates, an emergency, or a severe illness, may soften a prosecutor enough to negotiate a favorable plea agreement or even a dismissal.

Our failure to register defense lawyers can also litigate the case in court for a dismissal if the evidence is lacking or we can target specific arguments to disprove one of the elements of the crime you are charged with. Moreover, full compliance with the registration law is a complete defense. An individual may fail to meet a registration deadline by a day, but registers, nevertheless, or a prosecutor may make a mistake. Considering all of the facts and evidence of each case and identifying the best approach to defending our clients is what we do on a daily basis in our criminal law practice. Focusing exclusively on criminal defense in New Jersey, our attorneys defend charges for sexual offenses and failure to register against juveniles charged with sex crimes and adults accused of these offenses throughout Burlington County, Camden County, Gloucester County, and throughout the Southern NJ area. Contact us at (609) 850-8284 for a free consultation anytime.