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Accused Sex Offender Exonerated after a Decade on Megan’s Law

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Accused Sex Offender Exonerated after a Decade on Megan’s Law

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Get off Megan’s Law NJ

Need to get off of Megan’s Law registration in New Jersey? We may be able to assist you with that. Here is a client we helped with similar issues in Ocean County.

Travis J. Tormey represented a client on a post-conviction relief application in the Ocean County Superior Court in Toms River, New Jersey. In the late 1990s, the defendant had pleaded guilty to endangering the welfare of a child in the third degree. This was in response to an allegation that he inappropriately touched the 12-year-old daughter of his boss. The defendant was arrested after a weekend vacation with his boss and his boss’ family — they went to Great Adventure in Jackson, New Jersey. At the time of the arrest, the defendant was informed that the little girl had made an allegation that he inappropriately touched her during the vacation when they were alone at the campground. The defendant was innocent but was threatened with five (5) to ten (10) years in state prison as a sex offender based on a second degree endangering the welfare of a child charge. As such, he was represented by a public defender and pleaded guilty to a third degree endangering charge with probation and Megan’s Law registration.

Almost ten years later, the defendant, now married and living with his wife and two (2) step-children in Connecticut, was forced to move out of his own home because he was not permitted, under Megan’s Law, to live with his own children. Around the same time, the defendant ran into his old boss, who had cut ties with him after the charges arose. His old boss informed him that his daughter was very upset to learn that the defendant had pleaded guilty to the endangering charge in the late 1990s. The alleged victim, now a 25-year-old married woman, told her father and the defendant that absolutely nothing happened (inappropriate or otherwise) between herself and the defendant and that her mother encouraged her to file charges. The reason for the fabricated allegations was for her mother to gain leverage in a custody dispute between the mother and the father. Because the defendant was her father’s best friend and worked for him, her mother used the allegations to gain custody of the daughter at the time.

Based on this new evidence, Mr. Tormey filed a post-conviction relief application to have the defendant’s guilty plea overturned. The original motion was denied by the Ocean County Superior Court. Mr. Tormey appealed that denial to the Appellate Division, which reversed the lower court and directed that the case be set down for a testimonial hearing in Toms River. The hearing was held and the alleged victim flew up from North Carolina to set the record straight. She testified in no uncertain terms that nothing of any inappropriate nature ever happened between the defendant and herself that weekend or any other weekend. Her father also testified as to the custody issues and the fact that he never believed the allegations to be true, despite the fact that he obviously believed his daughter and cut all ties with the defendant once the allegations arose. Based on this testimony, the guilty plea was vacated and the case was re-opened. After reviewing the case, the Ocean County Prosecutor’s Office realized that they had no evidence and that the testimony of the alleged victim clearly showed that no crime was ever committed. As such, the charges were dismissed against the defendant. He now has no record from this crime and is no longer forced to register under Megan’s Law. This was clearly a major success for the Tormey Law Firm and more importantly, for our client.

Get Off of Megan’s Law in New Jersey – Help

To speak with one of our talented defense attorneys free of charge, contact our Hackensack offices anytime at (201)-330-4979.

Hear From Those Who Know

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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