You may be aware that the prosecuting attorney evaluates your past to place you in one of the state’s sex offender categories if you have been found guilty of a sexual offense in New Jersey. Your tier classification could have a profound impact on your life. Sometimes, prosecutors are wrong. As a result, under New Jersey law, you can appeal the prosecutor’s choice in court by contacting a Swedesboro Criminal Defense Attorney.
What Determines Which Tier You Should Be in for Prosecutors?
Megan’s Law is the name of the sex offender registration law in New Jersey. Megan’s Law, which is applicable to both juveniles and adults, at the very least mandates that nearly everyone found guilty of a sex crime register with their local police department as a convicted sex offender.
According to rules set forth by the New Jersey Attorney General, prosecutors must decide whether you pose a low, moderate, or high risk of committing another crime. The “Registrant Risk Assessment Scale” (RRAS) evaluates your risk. A juvenile risk assessment scale is also available. Based on your performance on this scale, the prosecutor will assign you a Tier 1, Tier 2, or Tier 3 criminal classification.
What Are the Distinctions Between a New Jersey Tier 1 and Tier 2 Sex Offender?
Low-risk offenders are those who register at Tier 1. According to the criteria, if the offense was non-violent, the person has no or little criminal history, and they are strongly rooted in the community, they present a low risk of committing the same crime again.
An individual who has a moderate risk of committing a sex crime once more is classified as a Tier 2 sex offender. The community is at a moderate risk from Tier 2 sexual offenders. As a result, the public learns nothing about Tier 2 sex offenders. The Tier 2 sex offender must be disclosed to the local law enforcement and educational institutions by the prosecution. The right to notice may also apply to other organizations.
According to the recommendations, Tier 2 offenders are less likely to commit crimes again than Tier 3 offenders. Nevertheless, they are more likely to commit crimes again than Tier 1 offenders.
Who in New Jersey Could Be a Tier 3 Sexual Offender?
Comparatively speaking to Tier 2 offenders, a Tier 3 sexual offender in New Jersey poses a significant risk of recidivism. The recommendations warn those likely to come into contact with an offender about Tier 3 sex offenders. The prosecutor must notify any organizations, schools, law enforcement agencies, and other groups that might come into contact with a Tier 3 sex offender.
