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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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I am a registered sex offender in the state of Florida..I plead

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I am a registered sex offender in the state of Florida..I plead no contest (as advised by my Public Defender) in 2004. The Judge withheld adjudication for the offense of "lewd and lascivious conduct with a minor under 16". I did not serve any jail time and was ordered to serve 3 years probation which I did without once evr violating the terms of my probation. The State ordered me to Register as a Sex Offender. I am not eligible to even applu for a pardon until 2017 due to Gov. Chris's new guidelines. I have been assessed by qualified Pychiatrist/Psychologist and have in writing that I am not and have never been a pedafile, I present no danger to myself or the community. I am the mother of a 7 year old boy who has been in my custody since birth, which offers further proof that the state deems I am a competant parent.
Due to financial hardships I may have to sell my home and relocate to New Jersey where I have family. I understand NJ has different requirements for registering and Tiers... do I qualify to NOT have my personal information listed on there public website and have officers report my address to neighbors?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Hi

 

Unfortunately, yes. You will be required to register, as per Megan's Law.

Here is the law at this link and it reads as follows:

 

2C:7-2. Registration of sex offenders; definitions

a. A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of this section shall register as provided in subsections c. and d. of this section. A person who fails to register as required under this act shall be guilty of a crime of the fourth degree.

b. For the purposes of this act a sex offense shall include the following:

(1) Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;

(2) A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c. 291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this act or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this act;

(3) A conviction, adjudication of delinquency or acquittal by reason of insanity for an offense similar to any offense enumerated in paragraph (2) or a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of this subsection entered or imposed under the laws of the United States, this State or another state.

I suggest that you can consult with a local NJ attorney about possibly petitioning the NJ Courts for a waiver to register. I am not certain on what basis that might be granted, but it is always a possibility.

 

Customer: replied 2 years ago.
I understand that I would still be required to REGISTER as per Megans Law (which is a FEDERAL LAW). I researched and pulled up the same information on the NJ Judicial website. My question is that it appears that NJ State Officers have some discretion regarding the TIERS or CLASSIFICATIONS that offenders fall into (much different than Florida where there are only two categories...OFFENDER and PREDATOR) and I believe there is a process in which the NJ Court can order a final classification, my question is which classification I would fall into. Even though I'd be required to register, the procedures for how often and INFORMATION is available about me in Public Records. If I moved to NJ will the police be obligated to knock on my neighbors doors to inform them of my presence? (In Florida FDLE is required to notify) For instance in the State of Florida I was NOT allowed to attend my sons Kindergarten Graduation bc of the School Boards policy on ALL REGISTERED SEX OFFENDERS (like I stated here they just lump everyone in the same category.. so to the public there is no difference between a lewd offense and criminal sexual battery)
Expert:  Samuel II replied 2 years ago.

Hi

 

I cannot tell you what the correlation of the Florida crime is to the NJ provisions of Offender v Predator. And I know that is key as to whether the community will be notified. There is a mandate to notify the community

2C:7-7. Chief law enforcement officer to provide notification to community

After receipt of notification and registration pursuant to P.L.1994, c. 133 (C. 2C:7-1 et seq.) that a person required to register pursuant to that act intends to change his address, the chief law enforcement officer of the municipality to which the person is relocating shall provide notification of that relocation to the community pursuant to section 3 of this act. If the municipality does not have a police force, the Superintendent of State Police shall provide notification.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22371
Experience: Handle criminal matters in both state and federal courts.
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Samuel II
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