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.

College is a Reason For Child Support Modification in NJ

In Jacoby v. Jacoby, a case recently decided by the New Jersey Appellate Division, the Court held that “a child’s attendance at college is a change in circumstances. This deviation from the child support guidelines returns discretion to family part judges, to the point of being almost contrary to the imposition of Child Support Guidelines. Judges will now be required to take into account tuition, including housing, board, books and other fees. This may lead to an increase in support due to the child’s increased expenses. The court will also need to factor in the child’s ability to work, obtain scholarships or receive financial aid to offset the cost to parents. Many Property Settlement Agreements contemplate a continuation of child support throughout college, until the child is emancipated, and also include the manner in which the parents shall share in the children’s college tuition payments. Now, seeking a modification of child support can result in a deviation from the standards of the guidelines to combine these previously separated decided matters. 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 seeking or attempting to avoid a modification of your child support payments, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, alimony, divorce, dissolution of a civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Possible Elimination of Time Limits on Sexual Abuse Suits in NJ

A bill pending in NJ, A-2405, would eliminate the statute of limitations on sexual-abuse lawsuits. The current statutes call for the filing of a lawsuit within 2 years of the abuse or, if the victim is a minor, 2 years after the victim reaches the age of majority. If passed, this bill would open the possibility of bringing their abusers to justice for many for whom this possibility has long ago ended. This expansion of opportunity could serve as an additional deterrent to those who would choose to commit such crimes believing they would escape prosecution under the current statute. For those who have committed such offenses over 2 years ago and believed they had escaped prosecution, this may re-open the possibility of prosecution. Although the bill has not yet passed, it is likely this will cover past crimes as well as crimes not yet committed. 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.

False Incrimination Penalties May Increase in NJ

The current penalty for falsely incriminating another in NJ is 18 months in prison in a $10,000 fine for what is presently a 4th degree crime. Pending in the NJ Assembly is A-436 which would increase the degree of the charge to 3rd degree if the allegation is the victim committed a 3rd degree crime. A 3rd degree crime carries penalty of 3-5 years in prison and a $15,000 fine. In the event the person accused is accused of committing a 2nd degree crime, the false accuser will be guilty of a 2nd degree crime. The penalty for a 2nd degree crime is 5-10 years in prison and a $150,000 fine. 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 criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Hearing Requirements for Transfer of Juvenile to Adult Corrections Facility in NJ

The Appellate Division ordered the Juvenile Justice Commission to rewrite its regulations to afford juveniles prior written notice, a hearing before an impartial trier of fact, written findings of fact and some form of representation prior to their transfer to an adult facility. The transfer of a juvenile 16 years or older from the Juvenile Justice Commission to the Department of Corrections is acceptable when the juvenile's presence in the juvenile facility threatens the safety of other juveniles in the facility, operations of the facility of the public safety. Previously, the regulations did not include any notice, opportunity to be heard or any form of representation. The new ruling provides juveniles with these due process rights previously denied them. The Court specifically held that there is great importance for juveniles to have access to attorneys once they are involved with the criminal justice system. In its decision, the Court did not go so far as to require the appointment of counsel to those who could not afford representation. Additionally, there is no need for the Family Part Judge who rendered the decision to incarcerate the juvenile to become involved in adjudication of any transfer decision. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. The consequences of being accused of a crime can affect juveniles for the rest of their lives, even if they reach a plea agreement that may seem favorable at first glance. Any juveniles charged with a crime should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on juvenile matters and other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

A Glimpse Into Megan's Law Registrant Risk Assessment Scale in NJ

Megan's Law requires registration of sex offenders and bears certain notification criteria. In the Matter of Registrant P.B. was appealed following a decision by the Superior Court, Law Division in Bergen County. Every sex offender is subject to a risk assessment to determine their potential to reoffend. The Law Division Judge's ruling that his score be set at 54, in the mid-range of "risk to reoffend," and requiring notification to all local law enforcement, educational institutions and community organizations within a mile of his home. Additionally, his name was to appear on the sex offender registry. The score of 54 was based on the Judge's finding that P.B.'s possession of photographs of adults in acts of penetrating children amounted to penetration by P.B. Further, the judge held that possession of photographs satisfied the duration element of the assessment. On appeal, the Court held that the penetration element of the risk assessment is not satisfied by simply possessing photos of adults in penetrative activity with children. Further, the court held that, without evidence of time of possession, the duration of offensive behavior element could not be met and no points could be assessed. Without the 15 points assessed for penetration and the 3 points assessed for duration, P.B.'s score of 54 was reduced to 36 points, which placed him in the low range of scoring as it pertains to risk of reoffense. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. 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 sex crimes or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

Lack of Consent to Search Permits Withdrawal of Guilty Plea in NJ

Police received a tip from an informant about two black males selling drugs out of a car belonging to defendant. When police located the vehicle at the location provided, they notified defendant of their belief there were drugs in the trunk and requested permission to search. Upon denial of consent to search, officers proceeded to open the trunk and located the drugs the informant stated they would find. After entering a plea of guilty to two counts of third-degree possession of a controlled dangerous substance (CDS) with intent to distribute, the defendant moved to withdraw his guilty plea. In spite of the fact defendant may have been notified of his right to file a suppression motion, and that his right would be waived by entering a plea of guilty, defendant chose to plead guilty. Defendant later filed a motion to withdraw his guilty plea. After the Court below denied the defendant the relief sought, the New Jersey Appellate Court found that the Motion to withdraw the plea should have been granted. Defendant's appeal was granted on his contention that he did not consent to the search of the trunk of his car. Defendant claimed that he expressly denied consent to open the trunk of the car but the police did not honor his rights. Because the search may have violated defendant's rights, granting defendant's motion to withdraw the guilty plea was appropriate. 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 face criminal charges as a result of an illegal search, you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information regarding illegal search and seizure, 4th Amendment rights, drug charges or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.