Friday, March 23, 2012

NJ Megan's Law Pleas

The effects of a plea guilty plea to sex offenses in New Jersey are serious and include a damaging criminal record and lifetime registry on the sex offender list, no matter what degree of charges or length of sentence result.
In making a plea to a sex crime, an accused must be notified of the full consequences of the plea. In the recent case of State v. S.C., an accused entered a guilty plea to sex offenses and was notified at sentencing he would be subject to Megan's Law and parole supervision for life. After sentencing, as a condition of parole, the accused was advised he would no longer be able to reside with his wife and child. The accused appealed and it was held that an accused entering into a plea subject to Megan's Law must be fully apprised of all possible consequences. Failure to notify the accused of the consequences is reversible based on ineffective assistance of counsel.
This shows further support on the part of the NJ courts to require full notice to defendants of the consequences of any plea. In Nunez-Valdiz, the court recently held that non citizens must receive notice of the possible effects of a plea on their immigration status. NJ Courts including Morris, Bergen, Sussex, Essex, Hudson, Passaic and Warren County Courts have implemented procedures to insure appropriate notice is given to defendants but the Judge is not your lawyer.
Taking a plea without knowing your rights is dangerous. If you are accused of a crime in New Jersey, you should obtain an attorney immediately to ensure your rights are protected. For more information on criminal matters in NJ visit HeatherDarlingLawyer.com

No comments:

Post a Comment