New Jersey Parole Supervision for Life Attorneys
A conviction for a sex offense falling under Parole Supervision for Life (“PSL”), previously referred to as Community Supervision for Life (“CSL”), is obviously something that can have a significant impact. Someone on PSL may be subjected to rules and conditions that include: (1) a daily curfew; (2) restrictions in travel, where they may live and who they may live with them; (3) no use of an internet accessible device (e.g. smart phone); (4) GPS monitoring, random unannounced home visits by a state parole officer and other intrusive action; or (5) any other condition for supervision of a sex offender by the NJ Parole Board. It is therefore pivotal to ensure that every effort is exhausted to avoid a guilty plea or verdict to a crime falling under PSL. Selecting a talented NJ criminal defense attorney to defend your matter is therefore crucial.
The attorneys at our firm possess the skills you need if you are seeking the best New Jersey sex crimes lawyer to deal with your PSL issue. We are the Law Offices of Jonathan F. Marshall and we can provide you with unique qualifications that include:
- Over 200 years of combined experience defending clients charged with sexual assault, endangering the welfare of a child and other crimes falling under Parole Supervision for Life
- A team of 12 attorneys that specialize exclusively in representation of the accused
- Former county prosecutors on staff that have served as Directors of Major Crimes, an entire Trial Division, Special Operations, Juvenile Unit and in other high level positions
- Countless sex crimes trials
- Certified criminal trial attorneys on staff
- A rich history of success in representing those arrested for sex related offenses
If you or a loved one has been charged with a sex offense, accused of violating PSL, is a sex offender having problems with a parole officer or you need help with any other facet of this area of law, contact our firm anytime 24/7 for a free initial consultation with a highly knowledgeable attorney on our team. We can be reached immediately at 855-450-8310.
What Is Parole Supervision for Life?
Parole supervision for life (“PSL”) is a mandatory component of any sentence imposed in New Jersey for a sex offense set forth in N.J.S.A. 2C: 43-6.4. An individual who is subject to PSL must comply with any and all conditions imposed in order to protect the public and foster rehabilitation. The most notable of these requirements is to remain arrest free, refrain from use of illegal drugs, abuse of alcohol and report to parole as directed. The terms of parole may include an array of other conditions, in particular, limitations on use and access to the internet like: (1) prohibiting access or use of a computer or internet capable device, other than as necessary for employment; (2) consent to periodic unannounced inspections of the parolee’s computer or internet devices and related data; (3) installation of internet monitoring software on computers and devices; (4) disclosure of passwords to access programs, files, images and other data or software; and (5) compliance with any other appropriate restrictions.
When Does Parole Supervision for Life Apply?
Parole supervision for life must be imposed at the time of sentencing for certain New Jersey sex offenses. The charges that trigger this penalty include:
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Criminal Sexual Contact
- Kidnapping (i.e. where victim is less than 16 and is subjected to a sex offense or is sold or delivered to another person for pecuniary gain)
- Endangering the welfare of a child by: (1) engaging in sexual conduct which impairs or debauches the morals of the child; (2) causing or permitting a child to engage in a prohibited sexual act to create child pornography; (3) photographing a child in a prohibited sexual act; (4) distributing or possessing child pornography with intent to distribute; (5) storing, maintaining or using a file sharing program to access an item depicting sexual exploitation or abuse of a child; or (6) possessing 1,000 or more items of child pornography
- Luring
What Are The Penalties If I Fail To Comply With Parole Supervision for Life?
In addition to the possibility that parole will be administratively revoked, a violation of PSL results in a third degree crime if the underlying sex offense was committed on or after July 1, 2014 and good cause is lacking. If PSL stems from a charge that occurred prior to July 1, 2014, a violation of PSL is a fourth degree crime.
There are four elements of proof that must be established, beyond reasonable doubt, in order to secure a conviction for a PSL violation under N.J.S.A. 2C:43-6.4d. The prosecutor must prove that: (1) there was a specific condition of PSL in place; (2) that was violated; (3) the conduct was knowing; and (4) there was not “good cause” for the defendant to violate the condition.
The penalties for a third degree crime of this nature include up to 5 years in prison and a $15,000 fine. The fourth degree version of this offense triggers up to 18 years in prison and a $10,000 fine. N.J.S.A. 2C:43-6.4d also creates a presumption of imprisonment that can only be overcome if the court is clearly convinced that the interests of justice far outweigh the need to deter and public safety so that there would be a manifest injustice if prison was imposed.
Can Someone Be Released From PSL?
N.J.S.A. 2C:43-6.4c allows an individual to be removed from PSL if: (1) 15 years have elapsed from the date of conviction or release from incarceration (which is later); (2) the defendant has not committed another offense during the 15 year period; and (3) the defendant “is not likely to pose a threat to the safety of others if released from parole supervision.” The burden of proving these elements is on the defendant and must be established by clear and convincing evidence. If you want to get off of PSL there is no room for missteps — your attorney will have to know exactly what he/she is doing. For more information on this subject, consult our Megan’s Life Removal Page.
A Highly Accomplished Criminal Lawyer With Experience in PSL Defense Is Available To Assist You Immediately
The complications created as a result of Parole Supervision for Life are immeasurable. There is nothing worse than feeling as if you will never be able to regain your life once you become a registered sex offender. The team of lawyers at the Law Offices of Jonathan F. Marshall are truly interested in helping you get out from under this condition. If you would like the benefit of a free consultation with an attorney who can assist you, call us at 855-450-8310 now. A lawyer is ready to take your call 24/7.