NJ Supreme Court Strikes Down Mandatory Lifetime Registration for Juvenile Sex Offenders
On April 24, 2018, the NJ Supreme Court decided the case, State in the Interest of C.K.
The Court was asked to decide whether it was constitutional to require juvenile adjudicants to register as sex offenders for life, without any chance of getting off Megan’s Law. All seven justices agreed that juvenile sex offenders may not be barred forever from asking a court to be removed from NJ’s Megan’s Law.
In 2003, C.K. was adjudicated of committing a sex offense. Even though C.K. was a juvenile at the time of the offense, he was prevented from ever getting off Megan’s Law due to the nature of his offense. In NJ, while some juveniles could seek removal from Megan’s Law, others were required to remain on for life. Juveniles who committed certain sex offenses or more than one sex offense were required to register for life. As a result, many juveniles could never be removed from Megan’s Law.
Before this decision, people like C.K. faced the lifetime stigma as a “sex offender.” Even if these juveniles never committed another sex offense, they were required to register as sex offenders for life.
James H. Maynard, Esq. Represented C.K.
C.K. was argued by James H. Maynard, Esq., managing member of Maynard Law Office, LLC. During oral argument, Mr. Maynard noted the unique traits of juvenile offenders. He noted that juvenile brains are not fully developed. As a result, juveniles are more capable of changing if properly treated. Also, the Court cited to the robust scientific data showing that juveniles are unlikely to sexually re-offend.
Mr. Maynard stated that “many of our laws go far beyond what is necessary to protect the public, and the Court today found this was one of them.”
This decision will affect many people who committed sex offenses as juveniles. More people will now be able to seek removal from Megan’s Law. As a result, many registrants can move on with their lives for mistakes made as juveniles.
Legal Services Offered:
Maynard Law Office, LLC has a proven success rate with juvenile sex offense matters. Our law firm is committed to fighting for the rights of juvenile sex offenders. Therefore, if you or your child was adjudicated of a sex offense, you may be able to petition the court to get off Megan’s Law.
To get off Megan’s Law in NJ, however, certain requirements must first be met. First, fifteen years must have passed since the adjudication. Second, registrants must prove to the court that they do not pose a threat to others. Our law firm has helped many people get off Megan’s Law.
Call our law firm at (973) 540-0054 to discuss your legal options.