Monmouth County NJ Luring Attorneys
Being charged with a traffic violation can be nerve wracking but being charged with a criminal offense like luring can be absolutely terrifying. The offense of luring is a serious criminal offense in New Jersey, one that could potentially land a Defendant behind bars for a decade if not handled properly. In addition, based on the new bail reforms, a Defendant charged with luring could be detained in the Monmouth County Jail, without bail, pending trial. Over the last five years the New Jersey State Police have been teaming up with local authorities to try and combat these types of allegations. Together these agencies have been setting up sting operations throughout the State, including in Monmouth County. If you have unfortunately found yourself in this type of situation, we strongly urge that you contact an attorney as soon as possible.
Need Local Luring Defense Lawyer in Freehold New Jersey
If you have been charged with luring and would like to speak to one of our Monmouth County criminal defense attorneys about your options then please contact us at (732)858-6959. Luring offenses are associated with other sex related crimes such as criminal sexual contact, endangering the welfare of a child, aggravated sexual assault, sexual assault and possession of child pornography. The Monmouth County Prosecutor’s Office takes these offenses very seriously and in fact they have created their own special unit to prosecute these types of cases. That unit is called the special victims unit, also known as SVU. We serve all of Monmouth County, including towns like Colts Neck, Tinton Falls, Howell, Wall, Neptune, Holmdel, Middletown, Freehold, Red Bank, Asbury Park, Ocean Township and Long Branch. If you have any questions about the offense of luring please feel free to contact us.
What to Know About Luring, Enticing, and Solicitation Offenses Under NJ
Luring is a serious second degree felony offense in New Jersey. The offense in essence criminalize any conduct whereby an individual either attempts or entice a child into specific area so that they can commit a criminal offense against the child.
What are the Elements the State Must Prove for a Luring Case in NJ
In order to be convicted of this offense, the Monmouth County Prosecutor’s Office will need to prove the following elements:
- That the victim was in fact a child or that the Defendant reasonably believed the victim was a child; &
- That Defendant attempted to lure or entice the victim into one of the following:
- A motor vehicle;
- A structure; or
- An isolated area; or
- To meet or appear at any other place;
- That the Defendant had the underlying purpose to commit any criminal offense with or against the child.
The term child has been defined as anyone under the age of eighteen (18) at the time the offense was committed. The term “criminal offense” means a “crime” which has been defined as any indictable (felony) offense. Therefore, disorderly persons offenses, New Jersey’s version of misdemeanors, would not suffice here. Also, one of the main areas to attack when defending luring charges in New Jersey is the “enticing and/or luring” aspect of the case. To “lure” or to “entice”, means to attract, tempt, induce or coax another into doing something that they ordinarily wouldn’t have done. If you would like to speak with one of our experienced Monmouth County criminal defense attorneys today about the specific facts of your case, then please contact us at (732)858-6959.
Will I go to Jail if I am Convicted of Luring in NJ?
Luring is a second degree indictable offense. Anyone convicted of this offense will be facing the following penalties:
- Five to Ten Years in a State Prison:
- A presumption of imprisonment attaches here since this is a second degree felony. That means, regardless if this is your first offense or not, anyone convicted of this offense shall be sentenced to a least five years in a State Prison.
- A Fine up to $150,000;
- A Felony Criminal Record:
- This offense is non-expungable. Meaning that it can never be removed from your record.
- Mandatory Megan’s Law Registration for Life;
- Mandatory Parole Supervision for Life.
Arrested Last Night for Luring, When Do I see the Judge?
Anyone arrested for luring in Monmouth County will more likely than not have their charges issued on a Complaint-Warrant. That means that they must be taken to the Monmouth County Jail for at least 24-48 hours so that their first appearance can be conducted. At their first appearance, which is referred to as their Central Judicial Processing Hearing, they will be advised whether they are going to be released upon condition or whether the Monmouth County Prosecutor’s Office has formally filed for detention. For more information on Detention Hearings please see directly below.
How to Bail Someone Out on Luring Charges in Monmouth County
In 2017 New Jersey abandoned the traditional cash/bond bail system that had been in operation for many of decades. Things have completely changed under the new bail system. The right to being released on bail is now strictly based on a risk assessment as opposed to monetary means basis. So, if the prosecution sees fit, they can file a motion to have a Detention Hearing at which point it will be their burden to establish by “clear and convincing evidence that no monetary bail, non-monetary conditions of release or combination of monetary bail and conditions would reasonably assure” the three primary purposes of the Act.” The primary purposes consist of assuring a Defendant’s appearance at court hearings, protecting the safety of others in the community and preventing the Defendant from obstructing the criminal justice process. Detention hearings should always be contested. So this new reform tends to put added pressure on Defendant’s to hire an attorney sooner than they may otherwise would have.
Looking to Speak to a Lawyer about a Luring Case Tinton Falls NJ
Luring is a serious felony criminal offense in New Jersey. Also, luring is also in addition to other serious felony offenses like, aggravated criminal sexual contact, stalking, sexual assault, distributing child pornography, lewdness, endangering the welfare of a child and trespassing. If you have been charged with any of the aforementioned offenses, in Monmouth County, in towns like Red Bank, Belmar, Eatontown, Little Silver, Atlantic Highlands, Wall, Howell and Bradley Beach, the Keith Oliver Criminal Law can help. If you would like to come into our office and speak with one of our criminal defense attorneys then please contact us at (732)858-6959. Our office is located at 180 Kings Highway in Middletown, directly across from the Middletown Municipal Court.