Managing member of Maynard Law Office, LLC, James H. Maynard, Esq. recently argued a case, In re State ex rel. C.K., before the New Jersey Supreme Court. In that case, the Court struck down mandatory lifetime Megan’s Law registration, as applied to juvenile adjudicants.
Now, NJ registrants who were adjudicated as juveniles for sex offenses may petition courts to be removed from Megan’s Law. Before this case, many registrants who were juveniles at the time of their offenses were subject to lifetime registration.
The Case of F.G. – Getting off Megan’s Law Over 2 Decades Later
Last month, Maynard Law Office, LLC, won another case involving someone who was a juvenile at the time of an alleged sex offense. The case involved an individual, F.G., who was 13 years old when he allegedly committed a sex offense. He was adjudicated as a juvenile and sentenced to Probation and required to register on Megan’s Law. At the age of 26, he petitioned the court to get off Megan’s Law. At that time, the court denied F.G.’s initial petition.
About a year ago, F.G. retained Maynard Law Office, LLC, to file another petition to get off Megan’s Law. He came to our firm as a 41-year old husband and father of three. F.G. has led an exemplary life since his sex offense adjudication, and has never been convicted of any further crimes. The State opposed F.G.’s petition to be removed from Megan’s Law. The State argued that F.G.’s first petition, filed fifteen years ago, was denied, and registrants may only submit one petition. Mr. James H. Maynard, Esq. argued that F.G. met the statutory requirements to be relieved of Megan’s Law requirements. The court agreed with Mr. Maynard, and concluded that F.G. satisfied the requirements for removal from Megan’s Law. As a result, F.G. no longer has to register as a sex offender.
Outcome of F.G.
The outcome of this case was significant for many reasons. First, the court concluded that registrants could submit more than one petition to be removed from Megan’s Law. Second, in its written opinion, the court cited many times to In re State ex rel. C.K., the NJ Supreme Court case that Mr. Maynard had recently won. Also, the court pointed out the research presented in the C.K. case. For example, the court noted the following unique attributes of juvenile offenders:
- incomplete brain development,
- high potential for rehabilitation,
- lower sex offense recidivism rates.
The court also cited to language from the C.K. case discussing why, given the research on juvenile offenders, such registrants should be given an opportunity to petition courts to get off Megan’s Law (provided they demonstrate that they do not pose a threat to others).
Services Our Firm Provides:
At Maynard Law Office, LLC, our legal team is dedicated to sex offense law. We offer the following legal services:
- Removal from Megan’s Law
- We have helped get many registrants removed from Megan’s Law, including those who committed sex offenses as juveniles and adults.
- Motion to Seal Your Juvenile Sex Offense Records
- We have successfully been able to get courts to grant motions to seal juvenile sex offense records.
- Comparative Legal Analyses
- If you were adjudicated of a sex offense and are considering moving to, or obtaining work, or attending school in another state, you should contact our law firm. We can conduct legal research to help you understand how you can remain in compliance with another state’s laws.
Call Maynard Law Office, LLC today for a free consultation at (973) 540-0054!