NJ Sex Crimes Defense Lawyers With Over 200 Years Of Combined Experience Handling Aggravated Sexual Assault, Endangering the Welfare of a Child, Distribution of Child Pornography & Other Cases That Are Considered Sexual Predatory Violence
Historical data has led lawmakers in New Jersey to conclude that certain individuals that commit sex crimes are prone to repeat their behavior. The New Jersey Sex Offender Act was adopted to create a framework for determining whether a sex offender is repetitive and compulsive in terms of predatory sexual violence. An individual is considered mentally ill when this is the case and is subject to commit to the Adult Diagnostic and Treatment Center (ADTC), more commonly referred to as Avenel. The process for release from this facility tends to be difficult, so representation by an attorney who is skilled in defending NJ sex crimes is very important if you are exposed to an Avenel evaluation.
The attorneys at our firm are largely veteran former prosecutors and public defenders who have handled countless sex cases over the years, including aggravated sexual assault, sexual assault, luring, endangering the welfare of a child and distribution of child pornography. Several members of the team have extensive experience in this area of criminal defense, including serving as Director of Major Crimes and the entire Trial Division. We have compiled this article to address common questions presented by loved ones and defendants charged with sex crimes falling within the ambit of the Adult Diagnostic and Treatment Center/ADTC/Avenel.
To speak to a lawyer about more specific questions or to discuss a pending case or investigation in more detail, call 1-877-328-0980.
When Is Someone Considered A Sexually Violent Predator?
Someone is considered a “sexually violent predator” if they have been convicted of a sexually violent offense and determined to suffer from a mental abnormality or personality disorder that makes them likely to re-offend absent commitment to a treatment facility.
What Sex Offenses Expose Someone To Be Committed To Avenel?
The New Jersey Sex Offender Act defines a sexually violent offense as aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnaping during the course of which the defendant commits an aggravated sexual assault/sexual assault/aggravated criminal sexual contact/criminal sexual contact, a criminal sexual contact, or felony murder if the underlying crime is sexual assault.
How Is The Evaluation Process Conducted?
Following a plea or conviction for a sexually violent offense, the defendant is referred for an evaluation to determine their risk of sexually predatory behavior. In accordance with N.J.S.A. 2C:47-1, the evaluation is intended to make a “determination of whether the offender’s conduct was characterized by a pattern of repetitive, compulsive behavior and, if it was, a further determination of the offender’s amenability to sex offender treatment and willingness to participate in such treatment.”
The results of the evaluation are provided to the New Jersey Superior Court judge responsible for sentencing so that he/she may make a formal legal finding as to whether the accused is repetitive and compulsive, a good candidate for treatment and willing to undergo sex offender therapy. The defendant is committed to ADTC/Avenel if the court finds that all three (3) of these factors exist. If the court find that the first two conditions exist but the defendant is unwilling to undergo treatment, then the sentence is imposed with a proviso that the defendant is ineligible for “parole prior to the expiration of any judicial or statutory mandatory minimum term.” In other words, the defendant must serve his/her entire term of imprisonment if he/she refuses to undergo treatment that the court deems necessary.
Contact The Sex Crimes Attorneys At Our New Jersey Defense Firm For Further Assistance
The snowball effect of an Avenel commitment can be significant. It is clearly difficult to secure release once a defendant is determined to be a sexual predator. Hiring a lawyer who is knowledgeable and skilled in defending sex crimes cases can be an invaluable asset so that loss of freedom is minimized. The attorneys at the Law Offices of Jonathan F. Marshall are available to discuss how they can assist you in this capacity. An attorney is available 24/7 at 1-877-328-0980 to help you.