New Jersey Criminal Defense Lawyer Blog

A female New Jersey High School teacher fom Howell Township New Jersey recently received a five year pobationary term from a Middlesex County Judge for having a sexual relationship with one of her seventeen year old male students.

The teacher waived her right to have the case presented to grand jury and plead guilty to a fourth degree count of cruelty and neglect. Apparently the teacher was 35 or 36 at the time the sexual relationship with the seventeen year old student.

This case highlights one of the potential advantages to negotiating at the early stages of a case. I do not know the strengths and weaknesses of the State's case but the plea allowed the defendant to avoid a potential indictment for second degree sexual assault. Perhaps even more importantly, the defendant avoided the implications of Megan's law and parole supervision for life .

Technically, a person in New Jersey can be charged with second degree sexual assault (N.J.S.A. 2C: 14-2c.) where he or she commits an act of sexual penetration with another person who is at least 16 but less than 18 years of age and the actor (defendant) has supervisory power over the victim by virtue of his or her occupational status (teacher would qualify).

Continue reading "New Jersey Sex Crimes - Megan's Law Does not Always Apply" »

A New Jersey man was recently found not guilty of Aggravated Sexual Assault and Endangering the Welfare of a Child after a Middlesex County New Jersey Jury deliberated for just 40 minutes, according to a July 5, 2009 Newark Star Ledger article.

According to the article, charges of Sexual Assault an Endangering the Welfare of a Child were filed against the accused after a teenage boy told his grandmother that the accused, his former coach, had sexually assaulted him years earlier. The accused had been interviewed by the police for over 3 hours where he vehemently denied the allegations. The accused, nonetheless, was charged, indicted and tried before a jury.

This type of sexual assault case is often referred to as a "he-said, she- said" case. The only evidence that the State has against the accused in this type of sex case is the uncorroborated sexual assault allegations of a child ("she said") which the accused ("he said") denies.

At first glance, this type of sexual assault case would appear easy to defend because of the lack of evidence but the potential consequences for the accused are no different than if the State had DNA evidence, eyewitnesses and a confession. What was the accused in Middlesex facing by going to trial of a first degree Aggravated Sexual Assault? Only 10 to 20 years in New Jersey State prison of which he would have to serve 85% of his sentence before being eligible for parole.

The consequences are so great that innocent defendant's are often faced with a real dilemma - consider a plea offer to a lesser jail sentence, probation with mandatory Megan's law sex offender registration and parole supervision for life, or risk 20 years in State Prison.

I have seen juries struggle for hours with these type of cases. What the State may lack in evidence can be made up for with convincing testimony of a young child who seemingly has no motive to lie. As the Prosecutor on the Middlesex case pointed out, this type of case comes down to credibility.

Cross examination of the alleged victim, exploration of an alleged victim's potential motives for fabricating sexual assault allegations and presenting credible character witnesses on behalf of the accused can tip the scales in favor of the accused. The nature of the charges, and the age of child witnesses, however, require that the defense attorney walk a fine line between aggressiveness and compassion.

Continue reading "New Jersey Sexual Assault and Endangering Charges - Easier Alleged than Proved " »