Sex Crime Sentencing Must Be According to Statute in NJ

Defendant was charged with second degree sexual assault and, at trial, was convicted of third degree endangering the welfare of a minor resulting in parole supervision for life. Defendant appealed the sentence as it called for parole supervision for life. The New Jersey Appellate Court held that, although the conviction occurred after the law went into effect, the crime occurred prior to the enactment of parole supervision for life for endangering the welfare of a minor and remanded for re-sentencing. Sex offenses bear penalties which will affect you for the rest of your life, even if you reach a plea agreement that may seem favorable at first glance. If you have been charged with a sex crime you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information about sex crimes, Megan's Law or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Sexual Assault Case Was in The Details in NJ

In State v. Nash, a former librarian at the Morton Street Elementary School was found guilty of sexual assault charges and spent 10 years in prison before he was granted a retrial based on newly discovered evidence. The NJ Supreme Court ruled that if would be a fundamental injustice not to review the case in light of newly discovered evidence tending to exonerate Nash. Nash contested the charges of sexual assault as impossible based on the fact that the accusing student, J.B., a 12 year old special needs student, had a personal aide with him at all times. However, school principal Carl Gregory, now deceased, testified that J.B. did not have a personal aide. Gregory failed to testify to the fact that Chrystal St. Louis was J.B.'s student aide and with J.B. at all times. Gregory claimed not to have made that disclosure due to the fact that he was not questioned about it while providing testimony to the court. N.J. Court Rule 3:22-4(a) typically bars appellate courts from considering matters not raised at trial however, testimony regarding the presence of a student aide with J.B. at all times during the day is compelling and likely to change the outcome of a trial. N.J. Supreme Court Justice Barry Albin reasoned that strict adherence to N.J.C.R. 3:22-4(a) would amount to a "miscarriage of justice." Seemingly minor details can have substantial consequences in the outcome of a criminal matter. If you are facing criminal charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex crimes or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Confession of a Juvenile Sex Offender Without Parents is Admissible in NJ

The Union County Prosecutor's Office contacted a juvenile's parents regarding an alleged sexual assault committed by the 13 year old boy, A.W. The child's father, whose first language is Spanish, voluntarily brought A.W. to the Union County Child Advocacy Center for an interview. The standard for confessions of a juvenile under 14 is that they are presumed inadmissible unless a parent or guardian was unwilling or unable to be present. This interview began in the presence of the father and discussion was in Spanish because the father speaks very little English. As the interview continued, A.W. offered his denials of any sexual conduct with the victim in Spanish but began to provide the detective conducting the investigation information in English. The detective then advised that even if the allegations were true, A.W. would likely receive therapy but not face juvenile detention or jail. The detective next began making reference to the domineering size of the boy's father and the fact that the father's presence may render A.W. fearful of consequences. In English, A.W. offered to speak candidly with the detective if his father was not there. The detective explained to the father, in Spanish, that A.W. wished to speak with her without his father's presence and presented the father with a waiver of his right to be present upon which she required his signature before he left the room. Once alone with the detective, A.W. admitted to touching the victim's vagina. The confession resulted in a charge of aggravated sexual assault as a juvenile, a conviction, 3 years of probation and Megan's Law, N.J.S.A. 2C:7-1 to 11 and 19. A.W.'s motion to suppress the videotape of the interview was upheld by the N.J. Supreme Court on the grounds that the father willingly and voluntarily left the room. If a juvenile is charged with a crime, the disposition of the charges can change his or her future by prohibiting them from entering certain schools, fields of employment and, in the case of Megan's Law offenses, certain residences or neighborhoods. It is critical for any juvenile charged with a criminal offense to seek an experienced juvenile defense attorney immediately to begin protecting their rights and their future. For more information on juvenile offenses, sex-offenses, Megan's Law provisions or other criminal charges in NJ, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

NJ Senate Passes Mandatory 25 years to Life for Aggravated Sexual Assault of Child Under 13

On October 4, 2012 the New Jersey Senate passed "The Jessica Lunsford Act". This Act modifies N.J.S. 2C:14-2 to require a mandatory minimum sentence of 25 years for the aggravated sexual assault of a child under 13. The intent of the sponsors of the bill is to punish those committing the "repugnant" crime of sexual assault of a young child by denying such "monsters" the opportunity to re-offend. The Legislation was passed 7 years after the brutal rape and murder of 9 year old Jessica Lunsford of Florida. The bill was sponsored by Senators Steve Oroho (R-Sussex), Tom Kean, Jr. (R-Union) of and Diane Allen (R-Burlington). The "Jessica Lunsford Act" is now before Governor Chris Christie for final approval. Sex offenses bear penalties which will affect you for the rest of your life, even if you reach a plea agreement that may seem favorable at first glance. If you have been charged with a sex crime you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Jurisdiction of Prosecutors in NJ Sex Crimes Extends to Acts As Far As Germany

During a Paramus Catholic High School trip to Germany, two chaperones, Michael Sumulikoski, and assistant coach and substitute teacher, and Artur Sopel, vice president of operations, were alleged to have had sex with minors entrusted to their care. Bergen County Superior Court Judge James Guida heard the case of State v. Sumulikoski. The Judge ruled that, although the conduct was alleged to have occurred in Germany, the defendant’s role as supervisors began in New Jersey. Each defendant was charged with multiple counts of sexual assault and endangering the welfare of a minor. Sopel was also charged with witness tampering. The Judge held that the question turned on whether a material element of the sexual assault statute, the relationship of the accused to the victim, could be considered conduct. His conclusion was that the defendants’ role as chaperones was the specific conduct the Legislature intended to prevent. The act of conduct, undertaking the role of chaperone, in New Jersey was the key to permitting prosecution in New Jersey. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of a sex crime, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex offenses or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

NJ Rape Shield Law Protects Content of Messages To And From A Child In A Criminal Trial

A defendant accused of aggravated sexual assault, sexual assault and endangering the welfare of a child may introduce, at trial, evidence of the child's participation in communications constituting "sexual conduct." Lack of opportunity to introduce the fact that communications existed could deprive a defendant of their right to defend against the State's charges and evidence needed for a fair trial must be admitted as long as the value of the proofs are not outweighed by their prejudicial effect. The fact that a child previously participated in the exchange of text messages and internet communications with adult males while the child also pretended to be an adult may be introduced as evidence by the defendant. However, the specific content of the messages is protected under the New Jersey Rape Shield Law (N.J.S.A. 2C:14-7) based on the notion that any probative value of the content of the messages is substantially outweighed by the prejudice the messages would cause. The goal of the court in making this determination is to serve the interests of justice while protecting the privacy of the victim. The NJ Rape Shield Law is not limited to the protection of children but was amended in 1988 to include children under its protection. The law is intended to limit the introduction of the victim's prior sexual behavior to both protect the victim's privacy as well as prevent prejudice in the minds of the jury regarding the victim and any potential to have been a willing participant in the defendant's conduct. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of a sex crime, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex offenses or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

No Expectation of Privacy In A Cell Phone Number in NJ

A former Morris County teacher, Patrick DeFranco, was indicted on charges of first-degree aggravated sexual assault, second-degree sexual assault and third-degree endangering the welfare of a child after a wiretap provided evidence of a past sexual relationship between the teacher and a former student. The abuse had gone unreported for 7 years and the student no longer had evidence of the relationship. In order to obtain evidence, the victim agreed to call the Defendant while the police listened on a recorded line. The cell phone number the victim had for DeFranco was no longer valid so the Morris County Prosecutor's Office, with the help of Denville police, obtained DeFranco's current cell phone number from Valleyview school. A call took place in which DeFranco chose to discuss past sexual contacts with the victim. At trial, DeFranco moved to suppress the wiretap based on the fact that, although he had given his prior cell phone number to the victim, he had not given the number used for the wiretap to the victim. He further argued that he had a reasonable expectation of privacy in his cell phone number and the police should not have obtained same without a warrant, for which they may not have met the probable cause requirements. Morris County Superior Court Judge Dangler refused to suppress the evidence obtained from the phone call. The NJ Appellate Court upheld Dangler's decision, finding there was no reasonable expectation of privacy in a cell phone number and, even if there was, DeFranco waived it by giving the victim his number in the past. The Appellate Court also noted DeFranco's choice to recall intimate details of his past during a voluntary conversation with a victim he had sexually abused in the past. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are charged with a crime, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on megan's law, sex-crimes, endangering the welfare of a minor or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.