Charged with Lewdness at Gunnison Beach?
Sandy Hook is a barrier spit located off of the northern coast of Monmouth County. For years it has known as a very popular spot for those seeking to enjoy the beach during the summer months. However, just like most other popular beach towns, when the population increases so does the crime rate. Gunnison Beach is one of the most frequented beaches within Sandy Hook and it probably has the most arrests as well. By far one of the most common criminal offenses issued on Sandy Hook is lewdness.
Looking to Consult with a Local Attorney for a Lewdness Case out of Sandy Hook
Since Sandy Hook is considered Federal Property and part of the National Park Services, anyone charged with a criminal offense, including lewdness, will be forced to appear in United States District Court, which is located in Newark to defend the charges. The U.S. Attorneys Office is the agency that prosecutes these types of cases and they tend to take them very seriously. If you or a loved one has been arrested at Gunnison Beach and charged with lewdness, we strongly recommend that you speak to an attorney who has a significant amount of experience in dealing with these types of charges. It is important to understand that the Federal Court system operates very differently than the state courts system. If you would like to speak to one of the attorneys at Keith Oliver Criminal Law about your options, then please call our office directly at (732) 858-6959 or contact us online.
What to Know About Lewdness Charges in Sandy Hook, New Jersey
Gunnison Beach is one of the few beaches in all of New Jersey that allows for nude bathing, which is probably one of the main reasons that they tend to issue so many lewdness charges. The Federal Park Rangers that patrol Sandy Hook are well known for their aggressive investigation tactics. To say this area is heavily patrolled is an understatement. They invest a significant amount of resources into patrolling Gunnison Beach in an effort to combat the sexual activity that tends to occur within the region. However, these aggressive tactics tend to lead to a park ranger overreaching and assuming that he witnessed a lewd act as opposed to actually physically observing a lewd act, which is what is required under the law. Being able to aggressively challenge the evidence can often lead to either a dismissal or downgrade of the lewdness charge. Some of the most common forms of sexual conduct that we defend clients accused of at Gunnison Beach include, but are not limited to, masturbation, oral sex, and digital penetration.
What Penalties am I Facing for a Lewdness Offense at Gunnison Beach?
If a Park Ranger observes someone involved in any form of sexual conduct they will placed under arrest and issued a violation of 36 C.F.R. 7.29c; Public Lewdness (please see below). Anyone convicted of this offense would be facing the potential for probation, a high fine, being scarred with a federal criminal record, as well as jail time. To make matters worse, since this is a Federal offense, anyone convicted will be prohibited from ever expunging their criminal record. With that being said, the Assimilative Crimes Act allows for U.S. Attorneys office to prosecute an individual charged with lewdness under the State criminal code (NJSA 2C:14-4), which could reduce the potential penalties and open the door to even a possible expungement down the road. These are just a few of the reasons that we strongly recommend that you speak to a criminal defense attorney who handles these matters on a frequent basis as soon as possible. To speak to a Monmouth County lewdness defense attorney today, please contact our office at 732-858-6959.
Public Lewdness in Gateway National Recreation Area: 36 C.F.R. 7.29c
“A person is guilty of public lewdness when he intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.”
Will I Be Forced to Register Under Megan’s Law For Lewdness?
Fortunately, regardless of whether an individual is convicted of lewdness pursuant to NJSA 2C:14-4 or 36 C.F.R. 7.29c they will not be required to register under Megan’s Law nor will they be required to be on Parole Supervision for Life. This is about the only forgiving aspect of this offense. As touched upon earlier, a conviction for lewdness as a result of an incident at Sandy Hook will remain on the individual’s record forever. The Federal Criminal Justice System does not allow for expungements.
How to Bail Someone out on a Lewdness Charge on Gunnison Beach?
The vast majority of individual’s arrested and charged with lewdness on Gunnison Beach will be taken to Park Rangers Station, processed on the charge and released on an ROR status. In other words, they will be able to go home after getting processed. However, when the individual appears for their first time in Federal District Court, more likely than not, they will be interviewed by Pretrial Service and be formal placed on pretrial release. That is a form of bail and as opposed to posting a cash bail, the individual will have certain conditions imposed. Those condition usually revolve around monthly reporting and possible random drug screenings.
Looking for a Lawyer for Lewdness Charge on Sandy Hook
The language in Federal lewdness statute tends to open the door for some viable defenses, including but not limited to whether or not the incident actually occurred in a “public place” or was did it take place in an area where it could reasonable have been observed. If you would like to come into our office and speak one-on-one with Mr. Oliver or one of the other attorneys at Keith Oliver Criminal Law, then please contact us at 732.858.6959. We will glad go over the pros and cons of your case and we will give you our honest opinion on how we can help. We defend all types of crimes in Federal Court, including but not limited too: drug trafficking, identity theft, weapons offenses, driving while intoxicated, possession of marijuana and health care fraud. As always, our initial consultations are free of cost, so if you have any questions whatsoever, please do not hesitate to contact us.