The police have a lot of power in criminal investigations. Covert surveillance is a common tactic used by law enforcement. If you believe you might be under police surveillance, call a lawyer immediately.
The police do not usually make it obvious when they are surveilling someone. You should be on the lookout for certain signs that the police are monitoring your activities. Have you noticed people following you in public spaces? Have you seen the same vehicles driving past your home or place of work? Perhaps the police have made direct contact with you or people you know. If you suspect the police are watching you, be extra careful about how you conduct yourself publicly and call a criminal defense lawyer for assistance. Your attorney can help you take steps to protect your privacy and your legal rights. If you are under police investigation, criminal charges might be forthcoming, and you need to be ready.
To get a free initial case evaluation, call our criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956.
Signs You Might Be Under Police Surveillance
Exactly how the police conduct criminal investigations is somewhat hard to pin down. While certain investigative tactics are common knowledge, others are not. On top of that, no two investigations are alike, and law enforcement will tailor their efforts to the needs of each case. One method that the police may use is covert surveillance. To put it bluntly, the police might be spying on criminal suspects.
People Are Following You
The whole point of police surveillance is to watch the suspect without their knowledge to catch them in some incriminating act or circumstance. One important sign that you are being watched is seeing certain people you do not know multiple times in different places. Essentially, you might be being followed.
Contrary to what some believe, this is not illegal as long as the police officers tailing you do not enter private property without consent or otherwise conduct an illegal search. For example, the police cannot hide in the buses in your front yard. They can, however, walk some distance behind you on a public street and follow you to see where you go and what you do. If you notice the same person or people over and over again, call a lawyer.
Cars Driving Past Your Home or Work
Sometimes, the police will check up on a suspect to see where they are and what they are doing. They might not follow you around, but they might drive past your home or place of work to see if your car is in your driveway or the parking lot. Simply checking on a person’s whereabouts is a common surveillance strategy.
Sometimes, the police will drive an unmarked vehicle and park it outside your home or office, just waiting for you to come out. As long as they stay on a public street, they are not trespassing.
Police Contact
Sometimes, the police take a somewhat bolder approach and actually confront suspects in criminal investigations. They might do this if the alleged crime is not very serious or if they believe the suspect is willing to cooperate. If you have been contacted by the police about a criminal investigation, get a lawyer immediately.
Our criminal defense attorneys can make sure you know your rights and how to protect them. Avoid talking to the police or answering their questions until you have a lawyer. If they arrest you, invoke your right to remain silent and demand your lawyer.
Suspicious Social Media Activity
Police surveillance has changed in the digital age. Surveillance might occur across social media platforms. If you notice friend or follower requests from unknown accounts, do not accept them. If you have not done so already, make all your social media private so only approved people can see it. Avoid posting on social media for as long as you believe you are being surveilled.
What Do I Do if I Believe I’m Under Police Surveillance?
If you suspect the police have been following you or are otherwise keeping an eye on you, you should be extra careful about everything you do. Every time you leave your home, assume you are being watched and act accordingly. Avoid doing anything that might be misconstrued or somehow used against you.
Avoid making extreme changes to your routine. Stick to your normal daily activities. Go to work or school in the morning and come straight home in the evening. If you must run errands, make them quick and do not stop off anywhere. Changes to your normal routine might only arouse greater suspicion, even if you are not doing anything incriminating.
Avoid leaving the state if you can. While you are being surveilled, you might not necessarily be entangled in the criminal justice yet. Unless a judge has ordered you to stay put, you are likely free to leave the state. However, this might be seen as an attempt to flee, and the police will only crack down harder on their investigation.
Finally, contact a lawyer for help right away. Even if you are unsure why the police are watching you, call an attorney. They can help you prepare for when the police move in for an arrest. They can also help you get to the bottom of why you are under surveillance.
How to Protect Your Privacy if You Are Being Surveilled by the Police
The best way to protect yourself while being watched by the police is to avoid speaking to people you do not know. If a stranger tries to strike up a conversation, politely move on and do not give away anything other than basic small talk.
If the police contact you directly, remain silent. If you have not been arrested, you do not have to talk to the police at all. You can just walk away. If you are unsure whether you can walk away, directly and clearly ask the officer if you are being held in custody. If the answer is no, leave and call your lawyer.
If the police ask to enter your home, say no. If they have your consent, the police can search your home without a warrant. Police officers often rely on suspects not knowing their rights and being too scared to say no. Be brave and say no.
Alert your attorney any time you notice something suspicious. While the police can surveil people as part of criminal investigations, they must adhere to very strict legal rules and protocols. If the police cross a line, their investigation and surveillance operations might be in jeopardy.
Contact Our Criminal Defense Attorneys for Help if You Notice Police Surveillance
To get a free initial case evaluation, call our Atlantic City criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956.
Police and prosecutors often find evidence of crimes in the strangest places. More and more, social media is becoming a treasure trove of evidence for criminal cases, with prosecutors presenting posts, videos, and recordings of livestreams in court to convict defendants.
Your social media can be used against you in a criminal case in three major ways. First, if your posts were themselves criminal (e.g., threats), then they can be presented as evidence. Second, if you posted evidence of a crime, the posts can be used against you. Third, previous posts might be used in some cases to show your plan, intent, or collaboration leading up to a crime. However, there are many tools defense attorneys can use to get this evidence blocked or excluded.
If you were charged with a crime, contact the NJ criminal defense lawyers at the Law Offices of John J. Zarych by calling (609) 616-4956 today.
Evidence for Crimes Committed Through Social Media in NJ
Many times, social media posts themselves are part of the crime you are being charged with. This is most common in cases of threats, harassment, or stalking, where the statements made on social media are the threats, harassing statements, or contact involved in these offenses. In these cases, the police will often use publicly available posts or subpoena the social media site to get these posts and use them as evidence in court.
In some cases, posting a picture or video might be the illegal conduct involved in the crime. This could come up in cases of child pornography crimes, where a picture or video of a minor is shared on social media. In other cases, pictures or videos of someone might be posted to harass them or as “revenge porn,” which can be charged as a crime in NJ.
Using Social Media Posts as Evidence of a Crime in New Jersey
In other cases, short text posts, long-form blogs, pictures, and videos posted on social media might be evidence of a crime. Police can similarly obtain any public posts or subpoena the social media site for this evidence and use it against you in many cases.
This is most common in cases where there is video of the crime taking place, such as in cases where someone posts a video of a fight or records a crime. A picture or video with drugs in the frame could also be used as evidence of drug use/possession.
Using Previous Social Media Posts to Show Plans or Intent in an NJ Criminal Case
Often, people do not commit crimes suddenly. Social media posts are often presented in court to show the defendant’s plan to commit a crime to link the actions back to them.
For example, if you have a dozen posts over the past few months saying how much you hate someone and how much you want them dead, and then they turn up dead, these posts would make you a prime suspect.
Screenshots or logs of posts, replies, threads, and text conversations can also supply evidence of a more specific plan and potentially even a conspiracy. If you were chatting with a codefendant about your plan to rob someone, it would provide not only proof that you did follow through with the plan but proof that you worked with someone else. Agreeing with someone else to commit a crime can result in separate charges for conspiracy, and the messages or posts would be necessary evidence to show the agreement happened.
Laws for Using Social Media Posts Being Used as Evidence in a Criminal Case in NJ
Just because social media posts are often used as evidence does not mean that they should be used or that they can legally be used against you in every case. The following issues are some important legal points about how evidence can and can’t be used in a criminal case under NJ law.
Recordings
NJ is what’s called a “one-party consent” state when it comes to being able to record conversations with other people. This means that only one person in a conversation needs to give consent to the conversation being recorded. In “two-party consent” states or in a federal case (where two-party consent is required), a recording is blocked from being evidence – and potentially grounds for criminal charges – if it is made without all parties’ permission.
What this means in practice is that if someone records a video of you, and you did not know you were being recorded, it can still be used as evidence.
Hearsay
Statements made outside of the courtroom are considered hearsay if anyone tries to introduce them in court as evidence that what the statement says is true. For example, if someone posted online that they saw you commit the crime, that post cannot be used as evidence that you committed the crime. Instead, the prosecutor needs to find that poster and have them come in and say it on the stand, under oath, where we can cross-examine them.
However, statements that you make can always be used against you as a general exception to the hearsay rule.
“True Threats”
People say a lot of things on social media, many of which they do not actually mean. For a statement made anywhere – whether on social media or not – to constitute a threat, it must be a “true threat.”
A 2015 U.S. Supreme Court case called Elonis v. U.S. held that a threat is not a “true threat” unless it is intended to be a threat from the speaker’s subjective viewpoint, not an outside listener’s viewpoint. In 2023, the Court went further and held in Counterman v. Colorado that the speaker needs to understand that someone else could conceive of their statements as threatening for them to be “true threats,” using a recklessness standard. Both of these cases dealt with threats on social media, making them important precedents in similar cases.
Third-Party Doctrine for the Fourth Amendment
The Fourth Amendment protects people from illegal search and seizure and requires a warrant when the police want to seize evidence. However, a big exception to this is that the police do not need a warrant to seize evidence or communications that you shared with a third party, as there is no expectation of privacy when you are showing someone else. When it comes to public statements and posts put on social media, you have no expectation of privacy, and the police can seize them and use them against you.
Relevancy and Character Evidence
Police and prosecutors cannot use evidence that is irrelevant or just paints you in a bad light without providing evidence of what happened in the case. If they try to introduce old posts of yours simply to show that you are a “bad person,” that can be blocked under a few different legal principles.
Call Our NJ Criminal Defense Lawyers Today
For a free review of your potential case, call the Law Offices of John J. Zarych at (609) 616-4956 for a free case assessment with our Atlantic City criminal defense attorneys.
Child pornography crimes often carry very serious penalties that can leave you with expensive fines and long jail terms. These are some of the most serious crimes in our society, and penalties can extend beyond jail time.
All child pornography crimes are felony-level offenses, meaning they can all result in over a year in jail. Even the lowest penalties for simple possession of child pornography can result in 3-5 years in jail and fines up to $15,000. The penalties can also include Megan’s Law registration as a sex offender. Juveniles arrested for child pornography possession can also face penalties.
For a free review of your case, contact the Atlantic City child pornography defense lawyers at the Law Offices of John J. Zarych today at (609) 616-4956.
Prison Time and Criminal Fines for Child Pornography Offenses in NJ
There are multiple offenses contained in NJ’s child pornography statute, N.J.S.A. § 2C:24-4. Crimes can be broken down by the specific act, where it is illegal to possess, distribute, host, or even view child pornography. However, penalties are increased for production, participation in, or filming child pornography. There are also differences in the jail time based on how many items of child pornography were possessed.
Keep in mind when assessing how serious these penalties are that NJ does not use the terms “felony” or “misdemeanor.” Instead, NJ crimes are broken down into “indictable crimes” (or “indictable offenses”) and “disorderly persons offenses.” All of the offenses discussed here are indictable crimes, which carry the potential of over 1 year in jail and would be called “felonies” in other states or in the federal system.
Production
Actually allowing children to engage in sex acts to produce child pornography is the most serious offense child pornography offense. This is a first degree crime, which is the highest level of crime in New Jersey. This carries a potential of up to $200,000 in fines and 10-20 years in prison.
Producing child pornography by filming it, taking pictures, or making a computer image is a step removed if you did not actually induce the child to perform the sex acts in question. As such, this is a second degree crime instead, with penalties up to $150,000 in fines and 5-10 years in prison.
Possession with the Intent to Distribute and Actual Distribution
If you are convicted of distributing child pornography, possessing it with the intent to distribute it, or hosting a file-sharing program so you can host files for others to view or download, that is a very serious crime, too. This crime can be committed either by actually delivering photos or videos to people, sending them files online, hosting the files for them to copy or download, or otherwise delivering the items to other people. Even having the items in your possession with the intent to give them to others is also illegal.
Here, the severity of the offense depends on how many items of child pornography you had or delivered. If it was 1,000 or more, that is a first degree crime with 15-20 years in prison and fines up to $200,000. For this crime, you must serve at least 10 years in prison, or 1/3 to 1/2 the total sentence if that is greater, before you are eligible for parole.
If it was under 1,000, that is a second degree crime with 5-10 years in prison and fines up to $150,000. If you had over 25 items but were still under 1,000, then you must serve at least 5 years before you are eligible for parole. Alternatively, this is also set at 1/3 to 1/2 the total sentence if that is more time in jail.
Keep in mind that every individual image or file is an independent item for counting purposes, but videos count as 10 items.
Repeat offenses get increased prison time.
Simple Possession
Simply possessing or viewing child pornography on your own is still a serious crime, but it does not have the same harm as making or distributing it. As such, these penalties are based more closely on how many items you had.
For 100,000 or more items, the crime is a first degree crime. This carries the same 10-20 years in prison and max fines of $200,000 as the other first degree crimes above.
For 1,000 or more items but under 100,000, it is a second degree crime. This again has 5-10 years in prison and fines up to $150,000.
For under 1,000 items – which includes even 1 item – you can be convicted of a third degree crime and face 3-5 years in prison and fines up to $15,000.
For any case with 100 or more items, you must have a sentence involving prison time unless the court deems it a “serious injustice” to jail you.
Megan’s Law/Sex Offender Registration for Child Pornography Possession in NJ
Megan’s Law requires sex offender registration for certain sex crimes. This list does include § N.J.S.A. § 2C:24-4, but it focuses on parts of subsection (a), dealing with acts of child endangerment other than child pornography, and parts of subsection (b)(5)(i)-(ii), dealing specifically with distribution and possession with the intent to distribute child pornography. That means that you might not always have to register for mere possession, but other offenses worthy of registration might also require registration.
Penalties for Minors Involved in Possession of Child Pornography
Minors can still face penalties for producing or possessing child pornography, but they are not usually “found guilty” or “convicted” in the same way. Our juvenile justice system uses different rules and different penalties. You or your child should nonetheless have legal representation if charged.
Sex offender registration might be required for juveniles as well. However, the law has a specific carve-out that says sex offender registration should not be required when the production, distribution, or possession with the intent to distribute charges are for photos distributed only online, made by a juvenile, and made with a consenting subject. This helps juveniles who send nude photos of themselves or their significant others avoid sex offender registration for what could potentially be a youthful indiscretion rather than an attempt to harm or endanger children.
Call Our Child Pornography Defense Lawyers in NJ Today
If you are facing charges for child pornography crimes, call the Gloucester City, NJ child pornography defense attorneys at the Law Offices of John J. Zarych today at (609) 616-4956.
In New Jersey, like in the rest of the country, it is illegal to produce, possess, or distribute child pornography. These crimes have serious penalties, but they also have sometimes vague or unclear limits.
Child pornography is generally considered to include any depictions of a child in a “sexually suggestive” way or performing actual sexual acts or simulated sexual acts. The statute goes on to define some of these terms more specifically, including broadly any depiction that draws sexual attention to a child or is used to sexually gratify a viewer. “Possession” under this law can include having physical items like photographs on you or at your home or digital items in a place you have access to, such as your phone or home computer.
If you were charged with possession of child pornography, call (609) 616-4956 for a free case review with the NJ child pornography defense lawyers at the Law Offices of John J. Zarych.
What Constitutes “Child Pornography” for Criminal Charges in NJ?
Various child pornography crimes are illegal in NJ under N.J.S.A. § 2C:24-4(b). Subsection (a) of this statute deals with crimes that endanger a child’s welfare, and subsection (b) is split into various crimes of production, distribution, and possession of child pornography, as well as a definitions section that lays out what is and is not “child pornography” for these laws.
The core thing that is illegal to possess – what we normally call “child pornography” – is technically called an “item depicting the sexual exploitation or abuse of a child” under subsection (b)(1) of this statute. This definition includes all of the following:
Type of Item
The statute specifically includes items like photos, videos, or files. This essentially means that the item is illegal regardless of the form it takes. The law also goes on to include any “reproduction or reconstruction,” which can include “computer generated images.”
For a picture, video, or other item to be “child pornography,” it needs to be a depiction of a real or simulated sex act, or it needs to portray the child in a sexual way.
Depictions of Sex Acts
If the picture or other item actually shows a child performing a sex act, then it is illegal. The statute lists specific acts such as vaginal, anal, or oral intercourse. It also refers to sadomasochistic acts.
Nudity itself does not automatically make something child pornography under this part of the definition, but it does if the nudity is for the viewer’s “sexual stimulation or gratification.”
The statute also specifically incorporates any acts referenced in another sex crime statute. This means that depictions of illegal sexual touching are also illegal, even if done over the clothes.
“Sexually Suggestive Manner”
The alternative way that an image or other item can be deemed “child pornography” is if it depicts the child in a “sexually suggestive manner.” This kind of illegal depiction occurs in three possible ways:
First, it is illegal to show a child’s “intimate parts” without “complete” and “opaque” covering. This depiction must be enough to focus sexual attention on the child, so something like a naked baby photo should not be enough to trigger this law.
Second, it is illegal to show “contact” in “any form” with a child’s “intimate parts.” Again, context is important, and the depiction must be enough to focus sexual attention on the child. Thus, something like a diagram in a medical textbook should not violate this law.
Third, any other depiction made for “sexual stimulation or gratification” for a potential viewer would be illegal. Here, there must also be a lack of “artistic value,” which is a common legal analysis used to distinguish “obscenity” from “valid” free speech in what is called the “Miller test.”
Who is Depicted
Since all of these restrictions are on items depicting children, it is important to determine how the law defines children. These rules come primarily from N.J.S.A. § 2C:24-4(b)(6).
First, anyone under the age of 18 is a child, and it is not a defense that you did not know their age or actually thought they were over 18. The law specifically blocks “reasonable” mistakes of age from making it legal, such as a situation where you were given a fake ID before filming the subject.
Second, the depiction is legally presumed to show someone under 18 if they are “depicted” or “present” that way. This presumption is what is known as “rebuttable,” so there might be potential defenses, such as proof that the actual actor was over 18.
Third, this law presumes that any depiction of a person under 18 is child pornography. This means that it does not matter if it is an animated character or a video game character; it is still illegal child pornography under NJ law.
What Constitutes “Possession” for Child Pornography Crimes in NJ?
Under most of the crimes contained in NJ’s child pornography statute, the illegal act in question is “possession” of the materials. However, it is also illegal to distribute them, host them on a “file-sharing” program, or even view the items. To prove that you illegally possessed the items, the government must show one of the following:
First, possession can be actual or constructive. Actual possession means having the items on your person, such as a physical photograph or videotape. Constructive possession means that you knowingly own the items in a place you have access to. This means items in your car or at home in your closet are also in your possession.
Second, digital items are also in your “possession” under the same analysis. If you have access to your phone, and the files are on your phone, you have possession. Similarly, if you have access to a computer at home that you know contains child pornography, you would be deemed in possession of them as well. If you discover files that are not yours on your computer, it is best to call a lawyer and report situations like this quickly to avoid being charged for knowing possession.
Lastly, the term “possess” is defined to include possession over the internet. This means that having the files in your email or having access to them through a file-sharing or file-hosting site or program would be illegal, too.
Call Our Child Pornography Defense Lawyers in NJ Today
For a free case review, call the NJ child pornography defense attorneys at the Law Offices of John J. Zarych at (609) 616-4956.
Criminal charges related to child pornography are difficult to deal with for several reasons. These charges often carry harsh penalties, and the stigma defendants face, even when charges do not stick, can be overwhelming. Talk to a lawyer about how you can defend yourself.
An attorney can help you review your case and determine which defense strategies might be the most effective in your case. Perhaps the alleged pornographic material was seized illegally and should not be used against you. Maybe the supposed child porn was found on your computer, but you were not the one who downloaded it, and you did not know it was there. Even if refuting the existence of child pornography is not possible, you can defend against prosecutors trying to overcharge you. Perhaps you are charged with distributing child pornography when the alleged pornographic material was never actually distributed. We can help you fight to reduce your charges. In some cases, there is no child porn, and the whole thing is a terrible misunderstanding.
Ask our Atlantic City child pornography possession lawyers for a free, private case evaluation immediately by calling the Law Offices of John J. Zarych at (609) 616-4956.
What if the Pornographic Materials Did Not Actually Depict Children in Your NJ Child Porn Case?
One possibility is that pornographic material was indeed found in your possession, but none of it depicts children. This can be a problem when people have pornography in their possession that depicts adults who appear to be young. When pornographic material appears to show minors, there is a rebuttable legal presumption that they are under 18.
However, you can rebut this if you have evidence that they are an adult. It is not a defense that you mistakenly believed the person in the pornographic material to be an adult even though they were not. This means that even if you downloaded pornographic material from a legitimate website, and that website guaranteed that all content depicted adults, you can still be charged if someone under 18 was involved.
Even so, this might be a way to rebut the above-mentioned presumption. Legitimate production studios of adult content often take steps to verify a pornographic actor’s age. If you downloaded their content and are now being charged with possession of child porn, we might reach out to the website or production studio to get some answers. It is possible we can verify the ages of all parties depicted in the pornographic material.
Defending Yourself Against Illegal Searches in NJ Child Porn Cases
One important consideration in any defense strategy is the behavior of law enforcement. The police have a lot of power, and it might feel like they can walk all over your rights in the name of their criminal investigation. In reality, police power is more limited, and an overreach of authority might lead to serious violations of your rights that our NJ child pornography possession lawyers can use to build your defense.
One important aspect of police power is their power to search private property and seize evidence. While the police often do this as part of criminal investigations related to child pornography, they can only do so under certain circumstances. In short, the police must have a search warrant. They need a valid exception to the warrant requirement if there is no warrant. If there is no exception, their action might be deemed unlawful.
If the police search your property and seize your belongings unlawfully, the evidence they seize is tainted and should be excluded from your trial. We can file pretrial motions to suppress tainted evidence. If enough evidence is excluded or key evidence that serves as the lynchpin of the prosecutor’s case is excluded, the case against you might be greatly weakened. In some cases, prosecutors drop charges because they no longer have enough evidence to support them.
What if You Did Not Know You Had Child Pornography in Your Possession in NJ?
According to N.J.S.A. § 2C:24-4(b)(5)(a), a person may be charged with a crime if they knowingly possess with the intent to distribute, store, maintain, or distribute child pornography. A person may also be charged for knowingly possessing, viewing, or otherwise having under their control an article of child porn. The key word here is “knowingly.” Perhaps the police discovered child pornography in your possession, but you have no idea where it came from. If that is the case, we can challenge your charges by arguing that your possession of the illicit materials was unknowing.
This problem is not unheard of. Many people are shocked to find that their computers are being used to store child pornography. Often, this situation arises when multiple people have access to the same computer. Perhaps you allow your roommate to use your laptop, and they have been using it to download child pornography without your knowledge. Hiding files on a computer is not difficult, and it is easy to conceal the illicit files from others. This may be a defense to charges for simple possession, but likely will not make sense as a defense to distribution charges.
If this scenario sounds similar to what is happening to you, your best bet might be to cooperate with the police and allow them to search your computer just make sure you contact an attorney first. We should make it a point to hand your computer over to the police before someone else can erase any evidence. Police departments often have skilled forensic investigators who know how to search computers for digital evidence. They might determine precisely when certain illicit materials were downloaded. We might build a strong defense if we prove you were not using the computer at that time.
How to Fight Overcharging in Child Pornography Cases in NJ
Sometimes, criminal charges cannot be completely refuted. Rather than eliminating all criminal charges, your better option might be to focus on reducing charges and penalties. This might be a viable defense tactic if prosecutors overcharge you.
Crimes involving child pornography tend to be emotionally charged. Law enforcement often investigates these crimes quite vigorously, and prosecutors might impose charges greater than the evidence warrants. For example, a defendant might be found to be in possession of child pornography on their computer, but the prosecutor charges them with possession and distribution or even manufacturing the illicit materials.
If you are facing severe charges that the evidence cannot support, we can work to eliminate or reduce them to something more appropriate. If a defendant possessed articles of child pornography but did nothing else, they should be charged with nothing else.
Contact Our NJ Child Pornography Possession Lawyers Immediately
Ask our NJ child pornography possession lawyers for a free, private case evaluation immediately by calling the Law Offices of John J. Zarych at (609) 616-4956.
Child pornography charges can completely upend your life. Many defendants often have difficulty moving on after criminal proceedings are complete. Finding employment is one of many significant hurdles.
A conviction for child pornography charges remains on your criminal record, and it might land you on the New Jersey Sex Offender Registry. Being on the registry often makes it harder to find work. Certain jobs are off-limits for those convicted of child pornography offenses. For example, a convicted defendant could never work with children or even in a job that puts them near children. Even if you are not convicted, finding employment might still be hard. The social stigma surrounding child pornography charges, even when they are dropped or dismissed, can be difficult to overcome. People often believe they are required to inform potential employers about child pornography charges, but this might not always be the case, especially if you were not actually convicted.
Contact our Atlantic City child pornography possession attorneys for a free review of your case by calling (609) 616-4956 and talking to our team at the Law Offices of John J. Zarych.
How a Child Porn Case in NJ Affects Your Record
When a defendant is convicted of certain sexual offenses, they may be required to register as a sex offender. Like almost all other states, New Jersey has strict registration requirements for convicted defendants. The public may access the registry, and being on the registry can make it difficult to find employment.
According to N.J.S.A. § 2C:7-2(b), many different criminal offenses may lead to registration as a sex offender, including those related to child pornography. If you are convicted, you are required by law to register. If you fail to register, you might face additional charges and penalties, which can be very serious.
Having a conviction in your criminal record is hard enough to deal with, but being a registered sex offender might have ripple effects across various facets of your life, including your job opportunities. Not only can potential employers see your conviction in routine background checks, but members of your local community can see your name on the registry, making it even harder to find work.
Once you are convicted, there is not a lot you can do to make getting a job easier. The best way to deal with the situation is to fight your charges and hopefully avoid a conviction. Our NJ child pornography possession lawyers can help you fight your case and hopefully clear your good name.
Jobs You Cannot Get if You Are Convicted of Child Pornography Charges in NJ
Certain career fields require potential employees to have clean criminal records. If you are convicted of charges related to child pornography, certain work opportunities might no longer be possible. This is all the more reason to hire a qualified attorney to vigorously fight your charges.
Jobs that involve working with or near children are likely off-limits. As a registered sex offender, a person is often barred from being near children or certain places where children congregate. For example, you cannot get a job as a schoolteacher. You likely cannot get any job in a school where minors are present. This includes more than teaching positions. A person would be unable to work as a maintenance worker or a custodian in a school if they are convicted of child pornography crimes.
While certain employment opportunities might no longer be possible if a defendant is convicted of child pornography charges, not all opportunities are lost. According to N.J.S.A. § 2C:7-16(c), unless some other law provides otherwise, a person’s status as a registered sex offender may not be used to deny them health insurance, lines of credit, educational scholarships or fellowships, loans, public benefits, or housing. Note, however, that employment denial is specifically left off that list.
Will I Lose Work Even if I Am Not Convicted of Child Porn Charges in NJ?
The law offers certain protections to those convicted of crimes that land them on the Sex Offender Registry. However, the law cannot protect convicted defendants from all unfair treatment. Remember, the registry may be publicly accessible, and many defendants face intense social stigma.
Sometimes, getting a job is difficult even when defendants are not convicted. Often, neighbors or other members of the community find out about an arrest for child porn and inform other community members. Word might quickly spread, and suddenly, nobody wants to hire you. Even if you are qualified for the job, employers might refuse to hire you because they do not want to alienate themselves from the community. They risk losing business and their livelihoods. Unfortunately, word of a person’s innocence tends to spread much slower.
While fighting rumors within your community is tricky, we can work to clear your name. Under N.J.S.A. § 2C:52-6(a), arrests that do not result in convictions – perhaps because charges were dismissed or acquitted – the court may order the expungement of all records about the case, including records of your arrest. If your charges were dismissed or you were found not guilty, but the court did not order the expungement, we can help you get the arrest removed from your record. This way, employers will not see records of your arrest for child pornography if they run a background check.
Do I Always Have to Tell Employers About Child Porn Charges or Convictions in NJ?
While criminal background checks are a fairly normal part of the hiring process, employers may not freely discriminate against those with criminal records. Even if you are convicted of something like possessing child pornography, employers must follow proper protocols.
According to N.J.S.A. § § 34:6B-14(1)-(2), employers may not require job applicants to disclose their criminal record during an initial application process. This means that an employer cannot even ask about a possible criminal record until after you apply for a job.
However, an inquiry into an applicant’s criminal history may be permitted after an initial interview. If a background check is to be conducted, job applicants typically must be informed. For example, you might be offered a job contingent on passing a background check.
Speak to Our Child Pornography Possession Attorneys to Discuss Your Situation
Contact our Cape May child pornography possession attorneys for a free review of your case by calling (609) 616-4956 and talking to our team at the Law Offices of John J. Zarych.
One of the biggest issues in many criminal cases is the legality of searches and seizures by the police. The police are not allowed to just barge in and take what they want for evidence. If they do, there might be serious consequences.
Depending on what kind of evidence was seized in an illegal search of your property, we might be able to have your child pornography case dismissed. Getting a case dismissed is not easy, but it is not impossible. When evidence is seized illegally, it is considered tainted and may not be admitted into court. If the prosecutor’s case cannot survive without the tainted evidence, we might convince the judge to dismiss the case. When police conduct a search, they either need a valid warrant or a valid exception to the warrant rule. If they have neither, they might have violated your rights. Defendants often do not realize they have been illegally searched until they meet with a lawyer.
Speak with our Cape May, NJ child pornography possession attorneys about a possibly illegal search in a free case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
Getting a NJ Child Pornography Case Dismissed Because of an Illegal Property Search
One very important question you and your attorney should ask is, was there a warrant? Warrants are like the gold standard of police work. Police need warrants before they do almost anything that infringes on the rights of citizens. A warrant is likely necessary if they want to search your home, seize your belongings for evidence, or arrest you.
If the police did not have a warrant when they searched your property, you should consider this a massive red flag. Our NJ child pornography possession attorneys can help you question the police about why they did not have a search warrant. Evidence seized illegally may be excluded from your trial. If enough evidence is excluded, the case might be dismissed because the prosecutor can no longer meet their burden of proof.
While we should be concerned if there was no warrant when the police searched your property, not every warrantless search is illegal. There are numerous exceptions to the warrant requirement. However, if the specific conditions that would allow such exceptions were not present, the search may be deemed illegal and the evidence excluded.
For example, the police might claim they were given consent to conduct the search. When valid consent is given, the police do not need a warrant. However, if the consent was forced or given by someone without the authority to give it, it is invalid, and the exception is no good.
If the police have a warrant, it must describe specifically what areas are to be searched and what is being sought. For example, if the warrant says the police want to search your house because they have probable cause to believe there is child pornography, they may do so. However, they cannot search the shed in your backyard unless the warrant also states that it is included. If it is included, there must be a good reason.
How Do the Police Search for Evidence in Child Porn Cases in NJ?
As modern technology continues to evolve and change, the police often find it necessary to search for digital evidence in addition to physical objects. Most cases of alleged child pornography typically involve digital photos, videos, and networks. As such, many police searches include searches of computers and similar devices.
Even though the police might not necessarily have to enter your home to search your computer, it is still considered a search within the meaning of the Fourth Amendment. This includes your phone. If the police took your phone to search it without your permission or a warrant allowing them to take the phone, tell your lawyer immediately. Any incriminating evidence taken from the phone might be excluded.
The police may also search your home, as mentioned before. This might happen if the police believe there is physical evidence of child pornography or to obtain computer and other devices from your home to be searched. Again, if they enter your home unlawfully, tell your lawyer.
The police can search your vehicle, but this is a bit less typical, but still possible, in child pornography cases. Vehicle searches are a complicated issue already. If the police want to search your car because they believe it contains evidence of child pornography, they likely need a warrant. However, the police may sometimes conduct vehicle searches pursuant to routine traffic stops. If child pornography or evidence related to it is found during such a stop, it might be admissible in court. Either way, talk to your lawyer about any evidence taken from a vehicle.
How Likely is it My NJ Child Porn Case Will Be Dismissed for an Illegal Property Search?
Getting a case dismissed is difficult, especially when prosecutors have strong evidence supporting the charges against you. Even if the evidence was seized during an illegal search of your property, the court will not automatically believe us when we move to exclude the evidence. We need proof that the police searched your property without a warrant or a proper exception to the warrant rule. Even if we can prove our claims, a dismissal is not guaranteed.
A dismissal is more likely if the evidence being excluded is so crucial that the prosecutor’s case cannot survive without it. For example, if the police illegally seized pornographic material depicting children, that pornographic material should be excluded. If it is, the case falls apart. Charges for child pornography cannot survive if there is no child pornography in the courtroom.
Speak to Our NJ Child Pornography Possession Lawyers for Help Now
Speak with our Atlantic City, NJ child pornography possession attorneys about a possibly illegal search in a free case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
Assault is both a serious crime and a cause of a civil action in New Jersey. However, the type of assault that deals with actual injuries to your person is assault under New Jersey criminal law. Assault in civil cases refers to the threat of injury, not actual injury. In assault cases, there is a threshold for different kinds of injuries. One of the most important thresholds is the one for “serious bodily injury.”
By New Jersey statute, serious bodily injury is any injury that causes a substantial risk of death, permanent disfigurement, or loss of functionality in a part of the body for a long time or permanently. If you are convicted of assault that involves serious bodily injury to the victim, the penalties you face are likely to be much, much higher than if you were convicted of assault without serious bodily injury.
To get free, totally confidential legal help for your case, call The Law Offices of John J. Zarych at (609) 616-4956 and talk with our New Jersey assault defense lawyers.
What Constitutes Serious Bodily Injury in New Jersey?
Serious bodily injury is defined by statute under N.J.S.A. § 2C:11-1(b). Here, serious bodily injury is defined as an injury that creates a “substantial risk of death,” results in “permanent disfigurement,” or causes “protracted” loss of the use of an organ or appendage.
Serious bodily injury is one of the standards for aggravated assault under N.J.S.A. §2C:12-1(b)(1). The type of conduct that constitutes serious bodily injury is much more grisly than conduct that would be mere simple assault. “Bodily injury” is instead defined as physical pain, illness, or impairment per N.J.S.A. § 2C:11-1(b).
Stabbing someone multiple times certainly creates a “substantial risk of death” and would be considered serious bodily injury. This and similar crimes would lead to aggravated assault charges and likely an attempted murder charge as well. Things that cause permanent disfigurement are equally grim. For example, if a mob boss removes someone’s finger as punishment, that would be considered serious bodily injury and aggravated assault. An example of protracted loss of an organ or appendage would be losing the ability to walk after someone beats you up with a lead pipe.
Aggravated Assault in New Jersey
Chances are, if the prosecution is alleging that you gave someone serious bodily injuries, they are planning to charge you with aggravated assault. Therefore, it is worth knowing a thing or two about that statute. N.J.S.A. § 2C:12-1(b) makes it illegal to cause or attempt to cause serious bodily injury to another person. There are other things that also can lead to an aggravated assault charge under this statute, and we will go through them below.
Causing Serious Bodily Injury
Causing serious bodily injury – or attempting to do the same – will lead to an aggravated assault charge in New Jersey. The statute does not differentiate between a successful or failed attempt to cause serious bodily injury. For example, if you get in a bar fight, put on brass knuckles, and punch someone in the face, that is aggravated assault. If you try to punch the same person in the face and miss, that is still aggravated assault, even though you were unsuccessful in injuring the other person.
Bodily Injury with Deadly Weapons
The use of deadly weapons to cause mere “bodily injury” is also aggravated assault. You can be convicted of aggravated assault if you purposefully, knowingly, or recklessly cause injury to another with the use of a deadly weapon. For example, if you injure someone using the aforementioned brass knuckles, that injury does not need to rise to the level of “serious bodily injury” in order to be charged with aggravated assault.
Indifference to Human Life
It is also an aggravated assault to cause injury through actions indifferent to the value of human life. For example, if you blindly fire a gun into the air, it would be aggravated assault if the bullets hit someone.
Use of Firearms
If you point a firearm at someone, loaded or not, it is considered aggravated assault. For example, you can be convicted of aggravated assault, and probably some other crimes, too, if you take an unloaded gun up to someone’s car door and tell them to get out.
Notably, it does not matter whether the firearm is real or not. Pointing an imitation firearm, like a prop or airsoft gun, at someone is also aggravated assault.
How to Defend Against Aggravated Assault Claims in New Jersey
If you are accused of aggravated assault because the victim suffered serious bodily injury – or “mere” bodily injury but you used a weapon – you need a strong legal defense to combat the charges. What you want to do is poke holes in the prosecution’s case so that they are not able to convince the jury that you are guilty. Prosecutors can and will try to convict someone they think is guilty – even if you are not. Accordingly, it is important to know how to defend against charges, regardless of your actual guild.
Challenge the Facts
One of the best ways to defend against aggravated assault charges is to have rebuttals to what the prosecution alleges. For example, if the prosecutor alleges that the crime occurred in a park at night, but you were fast asleep and have evidence to prove it, that can help your case.
Disprove Elements
Another way to help defend against assault charges is to disprove elements of the prosecutor’s charge. For example, if the prosecution alleges that you held someone up at gunpoint, drawing your weapon from a clearly visible holster at your side, but you do not own a holster, that can put doubt on the veracity of the prosecutor’s claims. Alternatively, if you can prove that the injuries sustained by the victim do not meet the serious bodily injury threshold, the prosecutor cannot convict you of that crime.
Negotiate
Finally, it is never a bad idea to negotiate. Sometimes, prosecutors may lower the charges against you from aggravated assault to simple assault, or drop them entirely, if you work with them, but you should speak to our attorneys before taking that approach.
Start Working with Our New Jersey Assault Defense Lawyers Today
The Law Offices of John J. Zarych can be reached by calling 609) 616-4956, do not hesitate to speak with our New Jersey Assault Defense Lawyers about your situation.
False allegations of any kind can be incredibly embarrassing and make your life difficult. Especially when you are falsely accused of something that directly tarnishes your character, like child abuse, the effects can be devastating. False child abuse allegations could even lead to lost jobs and community opportunities, as well as conviction and legal penalties for a crime you did not commit.
If you are facing face child abuse allegations, the first thing to do is call our lawyers for help. We can give you advice on how to proceed, what steps you can take yourself to minimize the impact of the false allegations, and what you should leave up to the courts. For example, we can fight to have the charges dropped, but you can also avoid opportunities for future allegations and potentially file your own libel or defamation suit against the accuser.
For a free case review, call our NJ child abuse defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 right away.
What Are My Legal Options After False Child Abuse Allegations in NJ?
First and foremost, if there is a criminal case against you, you should speak with our NJ child abuse attorneys about fighting the charges. However, there may be some additional legal options beyond that:
Fighting Criminal Charges
Our defense lawyers will be able to help you fight any child abuse allegations against you in a criminal case. Child abuse charges can be filed under N.J.S.A. § 9:6-3 for any “cruelty and neglect.” More specifically, the acts and actions that apply to these criminal charges are the general acts of abusing, abandoning, being “cruel to,” or being “neglectful of” a child.
These general acts are more clearly broken down in the definitions section, § 6:9-1, to include specific acts. For example, “abuse” can include things such as working the child in dangerous jobs, using “profane” language around them, performing “indecent” acts in front of them, and more. There are also specific explanations of what constitutes abandonment and neglect, highlighting the lack of care and meeting the child’s needs as common issues. “Cruelty” is plainly defined by examples of causing them physical and mental suffering.
There are also other criminal statutes you could be charged under for sexual abuse of a minor or abuse involving child pornography or other issues.
If the allegations are based on accusations of facts that simply did not happen, then the prosecution will have a hard time proving the allegations against you. We will fight them at every step of the criminal justice system to try to get the case thrown out or win at trial if it is permitted to continue.
If the allegations of abuse are based on arguments that something you did was legally considered “abuse,” but it does not meet the definition in these code sections, we will seek to have the case thrown out by a judge. Moreover, we can argue to the jury that the acts in question do not meet these standards and that they should find you innocent of any charges.
Handling Other Legal Cases
If the child abuse allegations you are facing are tied to some other case, such as a divorce or child custody case, then you should focus on those legal cases as well. For example, if your former spouse is making allegations of child abuse to try to win custody, but the allegations are false, then it should be up to the judge in that case to hold a hearing and try to get to the bottom of what the true facts truly are.
Child abuse allegations might also come up in cases involving wrongful termination at work if you worked around children.
Be sure to bring these issues up to your lawyer for those cases.
Filing a Civil Libel/Defamation
Falsely saying that someone is a child abuser is considered defamatory and can be grounds for a civil defamation or slander suit. If these allegations were printed, such as in a newspaper, then they would be considered libel.
Our attorneys are criminal defense lawyers, but you should consider finding a lawyer to help with these civil claims as well.
What You Can and Can’t Do on Your Own After False Child Abuse Allegations in NJ
Legally speaking, it is often dangerous to resort to what the law calls “self-help.” For example, you should not hit someone for making false allegations against you. You should also avoid defaming them right back. However, there are plenty of things you legally can – and should – do after facing false allegations of child abuse. There are also some things to certainly avoid.
Avoid Getting into Arguments or Discussing the Case
If there are allegations against you, simply deny them and avoid getting into arguments or further discussions about what happened. Any statements you make – especially to news outlets or on social media – can be used against you in court. If you make contradictory statements or admit to some portion of the allegations, it will be harder to deny the allegations in full later.
If asked about the abuse allegations, you can simply deny the allegations or direct people to discuss it with your lawyer instead of you.
Avoid Similar Situations
If you were accused of using your job or a position in your community to abuse children, you should likely step back from that role while the case is pending. Especially if parents think the allegations are true, they might scrutinize your every move and find new allegations of abuse to make, even for innocent actions that would not have been considered abusive before the false allegations took place.
Be On Your “Best Behavior”
If you are being scrutinized by the criminal justice system – and perhaps family court judges or other people in your community – it is important at this point in time to avoid further scandals or issues. It is certainly in your best interest to avoid any further criminal activity, but you might also want to consider seeking therapy or evaluations for anger management, drug and alcohol abuse, or other issues that could paint you as “dangerous.”
Do Not Approach Victims or People Who Reported You
In no case should you reach out to the alleged victims or the parties who brought the allegations against you. This could be considered witness intimidation and lead to additional charges. All necessary communications or negotiations should be through official channels through the court or your lawyers. You should never seek to intimidate or even ask someone to recant or withdraw their allegations.
Call Our Child Abuse Defense Lawyers Today
Contact the Law Offices of John J. Zarych by calling (609) 616-4956 for a free review of your case with our NJ child abuse defense lawyers.
Drug charges are regarded as some of the most commonly charged criminal offenses across the country. Drug distribution is one of many serious offenses related to controlled substances, and the penalties might be quite harsh.
Exactly what constitutes the distribution of drugs can be hard to pin down, as the definition of distribution is somewhat broad. Distribution might involve delivering drugs to someone who plans to use them. It might also involve delivering drugs to other distributors in a larger drug ring. Charges for distribution can be severe. The nature of your potential penalties may change depending on what kind of drugs are allegedly involved. Charges as serious as first-degree crimes may be on the table. Our team can work with you to determine the best defense strategy for your case.
Contact our Atlantic City drug distribution defense lawyers for a free evaluation of your case and charges by calling the Law Offices of John J. Zarych at (609) 616-4956.
When a Person May Be Charged with Drug Distribution in NJ
The offense of drug distribution might sound self-explanatory, but it can be more complex than many people realize. According to N.J.S.A. § 2C:35-5(a)(1), it is illegal to manufacture, possess, distribute, or dispense controlled dangerous substances or substance analogs. It may also be a crime to have controlled substances with the intent to distribute – a crime commonly called possession with the intent to distribute (PWID) – without actually distributing anything.
Charges for drug distribution might come up in a number of different circumstances. One of the more common reasons behind drug distribution charges is drug dealing. Drug dealers are often involved in small, local distribution networks. Many dealers work completely alone and distribute in only a few neighborhoods. Even small-time dealers may face serious charges for distribution.
Distribution charges can change depending on the people involved and where the distribution occurs. For example, when dealers distribute drugs to minors, they often face increased charges and penalties. Even dealing drugs in the vicinity of schools or public playgrounds might land you in bigger trouble.
It is also important to note that distributing does not always mean selling. You do not have to exchange drugs for money or favors to be charged. Simply giving drugs away, like at a party, might lead to criminal charges.
What Constitutes the Distribution of Drugs in NJ
To understand when and how a defendant may be charged with drug distribution, our NJ drug distribution defense lawyers must understand how the law defines distribution. The statute N.J.S.A. § 2C:35-2 not only defines what it means to distribute drugs but also various other methods of providing controlled substances to others.
The statute makes important distinctions between several ways drugs can be distributed. First, drugs may be “dispensed” by a licensed practitioner, like a doctor to a patient. Drugs can be “administered” in the same way. It is important to note that prescribing controlled substances is not legally considered distribution.
Under the law, “distribute” means to provide a controlled substance in some way other than administering or dispensing it as a licensed professional would. In short, if you provide drugs or controlled substances to someone else without the proper legal authority to do so, you might be looking at drug distribution charges.
Distribution charges tend to apply only to controlled substances. Many over-the-counter medicines are not classified as controlled substances, and you can exchange them with others. Giving your friend mild painkillers for a headache is not considered illegal distribution. However, suppose you have much stronger painkillers that can only be obtained through a valid prescription, and those painkillers are classified as controlled substances. In that case, you should not provide them to anyone.
How Serious Are Charges for Drug Distribution in NJ?
Penalties for drug distribution charges can be severe. Often, the exact nature of a defendant’s potential sentence depends on what kind of controlled substances were allegedly being distributed and their quantities. Controlled substances are divided into different Schedules based on their severity. Schedule I drugs, the most serious classification, often leads to the harshest penalties.
The distribution of drugs including heroin, cocaine, and MDMA may be met with charges for a first-degree crime. According to N.J.S.A. § 2C:43-6(a)(1), such an offense may be punished by at least 10 years in prison but no more than 20 years. Not only that, but charges for distribution may include a minimum term of at least one-third and up to one-half the total sentence imposed. You might also be fined up to $500,000.
You might also be charged with a first-degree crime if you are charged in relation to leading a narcotics trafficking network under N.J.S.A. § 2C:35-3. According to the law, a narcotics trafficking ring involves a leader conspiring with at least two others to unlawfully distribute certain controlled substances.
For leading a narcotics trafficking ring, you may face life in prison. Not only that, but you would not be eligible for parole for at least 25 years. You might also be fined up to $750,000.
How to Fight Charges for Drug Distribution in NJ
Fighting these types of charges can be tricky. Usually, when people are charged, the police and prosecutors have seized the drugs that were allegedly being distributed. Refuting this kind of evidence can be hard, but it is not impossible.
A good place to start is the legality of the police officers’ search and seizure of the drugs. If the seizure was unlawful, we can work to suppress the evidence of the drugs and have them excluded from the case. If this happens, the prosecutor’s case against you might quickly fall apart, as the drugs are the lynchpin holding the case together.
We might also argue that the alleged drugs are not what the prosecutor claims them to be. Normally, controlled substances are chemically tested to identify them scientifically. If testing was not done, or we have reason to suspect testing was flawed, we can argue that the jury should not trust the drugs.
Still, you might have had the controlled substances in question under a valid prescription. If you no longer have a copy of your prescription, we can reach out to your doctor for confirmation that the drugs were, in fact, lawfully prescribed.
Speak to Our NJ Drug Distribution Defense Lawyers for Help Immediately
Contact our NJ criminal defense lawyers for a free evaluation of your case and charges by calling the Law Offices of John J. Zarych at (609) 616-4956.
