If You Have Been Arrested or Charged with a Crime or Disorderly Personís Offense, Call Vincent J. Sanzone, Jr., (Cell Phone 201-240-5716 or Office 908-354-7006) you Owe it to Yourself and the People Who Care About You. Choosing the Right Attorney Will be the Most Important Decision You will Make.
Megan's Law Hearings and Civil Commitment
Meganís Law Tier Classification Hearings Any individual convicted of a sexual crime such as criminal sexual contact, aggravated sexual assault, endangering the welfare of a child, and other sexual offenses is subject to the State Attorney Generalís Office from instituting a civil commitment procedure after the sentence has been served.This procedure is guided under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.28a.In re Civil Commitment of M.L.V., 388 N.J. Super. 454, 462-465 (App. Div. 2006)
More common however, and in fact mandatory for all individuals convicted of a sexual crime, is what is commonly known as a Meganís Law Hearing. Doe v. Poritz, 142 N.J. 1, 107 (1995) This procedure is immediately instituted by the local county prosecutor approximately 90 days after the release of the defendant from prison, or in the case of a probationary term, after the Judgment of Conviction is entered.
In this hearing the convicted sex offender is evaluated under the Registrant Risk Assessment Scale (ďRRASĒ), to determine the level of notification for persons convicted of a sex offense, and the level of registration with law enforcement, N.J.S.A. 2C:7-1 to 5, and the level of community notification, known as the Community Notification Law, N.J.S.A. 2C:7-6 to 11. This hearing is conducted before a Superior Court Judge in the county in which the Judgment of Conviction was entered.
Pursuant to the statute individuals can be classified as Tier I through Tier III offenders.The CountyProsecutor is charged with assessing and recommending the tier classification to the Superior Court Judge, which can be challenged by the defendantís attorney.
Based on the classification a defendant can be required to register with local law enforcement in his community, as well as other types of local notification that he resides in the neighborhood including notification to all local schools in his community, as well as his or her internet profile and picture in the N.J. State Police Sex Offender Internet Registry. http://www.state.nj.us/njsp/info/reg_sexoffend.html
If you are faced with a Meganís Hearing it is essential that you protect your rights and consult and retain an attorney experienced in such hearings.Attorney Sanzone has handled many of these hearings and as been successfully in fighting the prosecutorís recommended tier classification and reduced the tier classification for the defendant.