Few nonviolent crimes elicit such a negative response as stalking. Being charged with stalking can inflict massive reputational damage, affect your family life, and lead to prison time without a solid defense.
New Jersey has recently empowered victims of stalking by giving them more options to secure restraining orders. While this will help genuine victims in some circumstances, it also opens up more opportunities for innocent people to suffer after accusations.
If you are accused of stalking, time is of the essence. The Lento Law Firm Criminal Defense Team is dedicated to providing a top-notch legal defense to anyone in Salem County or New Jersey accused of stalking without merit. Contact us today through our website or by phone at 888-535-3686 to speak to our team and get the help you need.
Stalking in Salem County
Prosecutors pursuing stalking charges in Salem County will rely on the same statewide laws used in other parts of the state. New Jersey defines stalking as:
- Someone purposefully or knowingly engaging in a course of conduct
- That is directed at a specific person
- And acting in a way that causes an average person to reasonably fear for their safety, the safety of another, or to suffer emotional distress
Behaviors that don't meet these criteria are not stalking under New Jersey law, even if they look similar to other instances of successfully prosecuted stalking charges.
Purposefully or Knowingly
Stalking occurs when someone plans or intends to commit certain behavior, meaning it can't happen by accident. Prosecutors must be able to show that the person accused of stalking had intent rather than simply being in the wrong place at the wrong time.
Course of Conduct
There isn't one single behavior that you can point to in New Jersey and call 'stalking.' In the modern age, victims can suffer from stalking both online and in person, which is not always similar to society's idea of a stalker following their victim home. When looked at as part of a pattern, even minor behavior can contribute to stalking charges.
New Jersey's stalking laws define these behaviors broadly, including maintaining proximity to someone, harassing someone, and conveying threats through any means. This includes both explicit and implicit threats, whether through actions or communication. In addition, stalking can consist of using intermediaries or devices to track, monitor, surveil, observe, or communicate with someone.
Emotional Distress
New Jersey defines emotional distress as part of their stalking laws, but the definition still leaves room for questions. According to the law, emotional distress refers to significant mental suffering or distress caused by someone's actions or behaviors. On top of causing emotional distress, the law requires that the average person would understand why that behavior was threatening or frightening to the alleged victim.
Even with this added requirement, everyone responds to alleged stalking differently, meaning victims all have unique emotional responses that are equally valid in the eyes of the law. When defending against allegations of stalking, trying to attack a victim for their emotional response is not always the best option.
One defense available to accused stalkers is to find incongruencies and lies in the victim's story. Without directly attacking their feelings or emotions, this option shows that the alleged victim may not have suffered from emotional distress at the time of the behavior.
Repeatedly
For something to be stalking, it cannot consist of one instance of stalking-related behavior. However, actions can fit this definition if different behaviors contribute to a pattern of behavior, each occurring a single time.
For example, following someone to multiple locations may be stalking. But at the same time, attempting to contact them online, following them to an area, and interfering with their property may also be stalking, despite consisting of three unique behaviors.
In addition to repeated behaviors, all the behaviors must be purposeful. If you happen to run into someone in multiple public locations without planning on it, this will not classify as stalking.
False Allegations of Stalking
Because stalking encompasses many behaviors and includes impact on the victim as part of the law, someone looking to take advantage of the system can increase the risk of unjust criminal charges against the accused. With the potential to do serious reputational damage and even land someone in prison, claiming someone is stalking them is one option available to those looking to hurt another.
False accusations of stalking are typically seen during contentious divorces or custody battles, but they can arise in unexpected places. For example, stalking accusations can improve someone's chances of a promotion at work if they successfully torpedo a competitor's chances.
Victims deserve to have their voices heard, but the accused also need to have their rights respected. The Lento Law Firm can help defend your name if someone levies false accusations of stalking against you in Salem County.
2024 Stalking Law Updates in Salem County
Following the New Jersey legislature approving changes in 2023, New Jersey stalking laws expanded starting in January 2024. The primary changes to the law include:
- Renaming the law to the Victim's Assistance and Survivor Protection Act
- Allowing for stalking and cyber harassment to be valid grounds for restraining orders
- Closing a loophole in the previous law that limited restraining orders if the stalker and victim did not have a prior relationship or there was no related criminal conviction
With these updates, New Jersey legislators hoped to give victims of stalking more options to protect themselves and file restraining orders before issues arise. However, critics are concerned that accused stalkers may have a more challenging time defending against meritless restraining orders in this new legal landscape.
The Lento Law Firm has kept a close eye on New Jersey's law updates and understands how they can lead to bad outcomes for anyone facing false accusations. If you are accused of stalking in Salem County or are attempting to prevent an unjust restraining order from being issued, contact our Criminal Defense Team today to learn how we can help.
Salem County Stalking Penalties
After a conviction in Salem County, penalties vary depending on whether the stalking charges were a crime of the fourth degree or a crime of the third degree. In either case, a restraining order can be pursued independently of any criminal proceedings.
A crime of the fourth degree carries less severe penalties, and charges arise when prosecutors believe someone meets the basic elements of stalking. These penalties include:
- Up to 18 months in prison
- $10,000 in fines
- A criminal record
- Probation
There may be cases where prosecutors decide charges of a crime of the third degree are warranted, such as when the accused:
- Stalked someone despite a preexisting court order
- Commits another act of stalking against a victim after previous offenses
- Stalked someone while on parole or probation or while serving time in prison in New Jersey, another state, or due to federal charges
Essentially, repeat offenders and those posing a greater risk may be charged with a more serious crime. The penalties for a third-degree conviction include:
- Between 3-5 years in prison
- $15,000 in fines
- More significant charge on your criminal record
- Probation
New Jersey courts will also issue a permanent or final restraining order (FRO) against those convicted of stalking, regardless of the severity of the charges. Avoiding conviction at all costs should be a priority, possible for some through the state's alternative sentencing program.
Pretrial Intervention Program in New Jersey
The Pretrial Intervention Program (PTI) is one option for those charged with crimes to avoid criminal conviction and punishment in New Jersey. If Salem County prosecutors have charged you with stalking, successfully enrolling and completing the conditions of PTI would result in no conviction or change to your criminal record.
Enrollment into PTI is just the first step. The program can last anywhere from six months to three years, with mandatory drug tests, supervision, and counseling intended to help enrollees improve their behavior. For those with a limited or nonexistent criminal record, New Jersey has found this alternative program helpful in preventing future criminal activity.
Despite being a common option for first-time offenders, those with a criminal record can, in fact, enroll in PTI. Eligibility criteria include:
- No previous enrollment in PTI or similar programs in the U.S., such as the Veterans Diversion Program
- No charges for disorderly persons or petty disorderly persons offenses, with an exception for charges involving domestic violence
- No charges related to municipal ordinances or other non-criminal offenses
Certain crimes, like domestic violence, can complicate the process of applying for PTI. You must include information regarding prior convictions during your enrollment, and the Salem County prosecutor may need to approve your application before you are eligible for the program. Even if you believe you qualify, it can be beneficial to work with an attorney to help secure your placement in PTI and ensure your criminal record remains free from charges.
County officials work with those in PTI to help them achieve their goals and provide much-needed supervision. The contact information of the Probation Division office for Salem County residents is:
1893 Hurffville Road
Sewell, New Jersey 08080
Phone: 856-878-5050 ext. 15682
Despite being in Sewell, this location is the local probation office for PTI clients in Salem County.
If PTI is available, it may be your best option after stalking charges come your way. After we learn more about your situation, the Lento Law Firm Criminal Defense Team can provide guidance on whether enrollment is possible.
Restraining Orders in Salem County
Thanks to recently updated New Jersey laws, individuals can file for stalking-related restraining orders, even if they have no relationship with the alleged stalker before the filing. This freedom can protect victims but may also lead to hardships in an innocent person's life.
New Jersey restraining orders limit someone's ability to be near or communicate with a specific person. They come in two forms: Temporary Restraining Orders (TRO) and Permanent, or Final, Restraining Orders (FRO). In emergency situations, such as domestic violence or stalking that someone fears can escalate to violence, an individual may also file an emergency request for a restraining order.
A TRO will only cover a short period as courts assess the evidence and decide whether a restraining order is warranted. If the evidence convinces them or there is a related criminal conviction, they will issue a FRO.
Restraining order filings are valid in the county where:
- The plaintiff lives
- The plaintiff is staying temporarily, including shelters
- The defendant lives
If you live in Salem County, filings in other parts of the state can still affect you if the plaintiff decides to file near their home. Regardless of the county that issues the order, it applies statewide, and New Jersey recognizes restraining orders from other states.
Even avoiding the plaintiff's county altogether can lead to courts issuing a statewide restraining order limiting your rights. The Lento Law Firm can defend against false accusations of stalking and help prevent them from rising to the level of restraining orders that hamper your future.
Salem County Court System
Stalking is a statewide crime, and New Jersey uses the term indictable offenses rather than felonies. As such, the Salem County Superior Court, which deals with indictable offenses in the county, will handle all stalking cases.
Most preliminary hearings take place at Salem's nearby municipal court, but deciding to go to trial will lead to a court case at the Superior Court itself. Afterward, you can file an appeal with the Appellate Division of the same county court.
However, appeals aren't an option for everyone. Importantly, plea deals disqualify you from appealing later on. When you accept a plea deal, you agree to a lesser charge and receive a negotiated penalty. This avoids the need for trial, but you can decline a plea deal anytime and have your day in court.
Plea deals allow your defense attorneys to negotiate with prosecutors for favorable terms without risking your future in court. If you are found guilty during trial, your attorneys have limited resources to secure a lenient punishment. Although you cannot appeal a plea deal, it may be the best option if the evidence is overwhelming or if your attorneys can successfully negotiate for minor criminal punishments.
Protect Your Future in Salem County
No one should have their future put at risk due to false allegations of stalking. Even without a criminal conviction, restraining orders can complicate your life and place an undue burden on you to explain your restraining order to interested parties in the future.
The Lento Law Firm is ready to help Salem County residents protect their future when it comes under threat. Call our Criminal Defense Team today at 888-535-3686 or contact us through our website to get started on your defense.
