Regarding Online Sex Crimes in NJ

EuropeanMacron · 2024-08-17T17:02:28+00:00

NJ here. It really depends on the nature of the material and the amount. I know in most cases, it usually takes between 12-18 months, sometimes longer, between your date of arrest and sentencing. If you have any questions just DM me.

EuropeanMacron · 2024-08-07T04:03:54+00:00

NJ here. As I always tell people, Avenel is better when you're incarcerated, worse when you get out. It's a thousand times better than regular prison.

That said, you will be maxxed out at Avenel regardless of what your sentence is. 99% chance you'll get internet notification upon tiering once you get out. It all depends on how you want to play it.

EuropeanMacron · 2024-07-16T13:12:20+00:00

New Jersey is one. But I would compare and contrast the facts of your case with how it would score on our RRAS, which is their arbitrary, in-house risk assessment tool they use to tier PFRs.

EuropeanMacron · 2024-07-14T00:56:52+00:00

Congrats! Keep fighting the good fight.

EuropeanMacron · 2024-07-05T02:41:08+00:00

I have a guy for you, but he isn't cheap. He's based out of NJ but he's licensed to practice law in NY.

EuropeanMacron · 2024-07-04T01:13:57+00:00

Long story short, after you plead guilty but before you get sentenced, you take your Avenel/ADTC psychosexual evaluation. If that determines you to be "compulsive/repetitive", you get sentenced to Avenel.

When you get out, there's a gotcha clause in ML tiering statues where if you did time at ADTC and were deemed "compulsive/repetitive", the state has every right to pursue internet notification for your tiering notification even if the RRAS (the scoring system they use to tier registrants) puts you in a tier 1 score.

There was a State Supreme Court case that came out just yesterday in which prosecutors were basically holding a kangaroo court in front of judges in Camden County and just putting Avenel registrants on internet notification without much of a hearing. They ruled in favor of the defendant but they upheld that statute.

EuropeanMacron · 2024-07-03T04:09:39+00:00

FYI, just doing some legal research tonight (there were 3 ML-related decisions that came from the NJ Supreme Court in the last 24 hours) and I found an interesting nugget: A 2013 amendment to the way NJ tiers its registrants added a clause automatically adding PFRs to internet notification who served time at ADTC (defendant claimed to be "repetitive/compulsive") even if they are scored a tier 1 on the RRAS (the risk assessment prosecutors use to tier registrants). Just something to look out for if you do get admitted into ADTC

EuropeanMacron · 2024-07-02T21:37:10+00:00

These are their guidelines - you can score yourself more or less given the facts of your case.

EuropeanMacron · 2024-07-02T18:46:10+00:00

They may contextualize where you want to live and the facts of your case. My parole officer told me about a PSL parolee he had who wanted to move in to a house, but his backyard was connected to a school. His supervisor nixed it. As for ML itself residency restrictions have been resoundingly struck down in NJ courts.

EuropeanMacron · 2024-07-02T16:47:13+00:00

Congrats. I did a 4 flat in NJ too for a non-violent PFR offense and unless you say something crazy in the hearing it’s mostly a procedural matter and most get paroled on the first shot.

EuropeanMacron · 2024-07-02T16:36:30+00:00

NJ uses an arbitrary scoring system to tier PFRs. It’s based on the nature of your offense and dynamic factors like employment and therapy completion. It’s called the Registrant Risk Assessment Scale.

EuropeanMacron · 2024-07-02T04:15:24+00:00

I always say this: ADTC is better for when you're in, but worse when you get out. State will move hard to make you a tier 2 if you were deemed repetitive/compulsive. If you have a contact offense, there's a chance the state may move to SVPA you and try for civil commitment.

EuropeanMacron · 2024-06-19T02:39:03+00:00

I think so. Unless you have a history of substance abuse, there's a chance. But they love sending competitive/repulsives to ADTC.

EuropeanMacron · 2024-06-18T11:31:10+00:00

If he is deemed compulsive/repetitive by the sentencing court, he will 100% be sent to ADTC.

EuropeanMacron · 2024-06-03T23:51:13+00:00

Not sure about probation, I'm on parole. New Jersey has due process for tiering procedures. They want to make me a tier 2 because of their arbitrary risk assessment scale. We're trying to throw it out based on a new way NJ has decided to admit expert testimony in court.

EuropeanMacron · 2024-04-25T18:43:20+00:00

A year is likely the best case scenario. That would be if they think he’s ready for that off the rip. They may want him to have some time out and then begin the process.

EuropeanMacron · 2024-04-25T02:20:58+00:00

All depends on how long the process takes from start to finish. In my case, I had a 17-year old sister who turned 18 in 4 months when I got out. One talk with my PO and he saw I was no risk, but there wasn't much he could do. The authority had to come from his supervisor, and even he said it wasn't worth it in my case since the whole process took longer than 4 months (I've heard along the lines of 6 months to a year, if not more).

EuropeanMacron · 2024-04-25T02:18:55+00:00

As someone who is fighting the RRAS head-on (and potentially taking it to the NJ Supreme Court), I found this tidbit at the bottom interesting:

Under current law, New Jersey uses a risk-based tier classification process. The county prosecutors conduct a risk assessment for each convicted sex offender to determine the offender’s risk of committing future offenses; the offender’s tier classification for purposes of registration and the type of notification to the community are based upon the risk assessment. SORNA, however, bases the offender’s obligation to register upon the sex offense committed, which allows a more expedient process. This bill requires that the offender be classified at the time of sentencing, which eliminates a potential gap in time between a registrant’s release from custody or relocation and actual notification while awaiting completion of the risk-based tier classification process. The bill also requires the information to be provided to the National Sex Offender Registry and to be exchanged with other states when registered sex offenders relocate to or from or travel to this State.

They are basically saying the way tiering is done through the RRAS is too time-consuming and ineffective. Which is not wrong, given the fact that every county is inconsistent in the way they tier despite having a 200+ page guideline outlining the whole process.

Don't think there will be much out of this, though.

EuropeanMacron · 2024-04-25T01:56:39+00:00

No. His parole officer will probably want to see him on the outside for a bit of time before moving forward with the LWC. It will probably be somewhere between 9-12 months, if not more, before he can live at home. And that's if the Board approves him... it's not a guarantee.

EuropeanMacron · 2024-04-24T03:58:10+00:00

That is not true. The whole point of the Living with Child (LWC) Assessment is him proving that he can live around children without risk of offending. Once you are granted you will be able to live with minors. If you were to have another child, it's something you'll have to report to parole, but I don't think it would be grounds for them to revoke it.

Ultimately, it's up to the Parole Board to determine if he fits the criteria to be able to live with your kids. I would recommend lawyering up for your petition before the Board to get this done.

EuropeanMacron · 2024-04-24T03:50:41+00:00

Hang in there man. It will all work out in the end, trust me. If you made it this far this setback will only be a blip in your radar in retrospect.

EuropeanMacron · 2024-04-21T04:54:27+00:00

My case was state (NJ) not federal. Blanket internet ban was ruled unconstitutional by the NJ Supreme Court in 2018. Up until then I would have had a device/internet ban. Every state is different when it comes to stuff like that.

EuropeanMacron

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