Stalking charges can have serious implications on your life, and it can be devasting to learn that you are being accused of stalking. Your entire life can be derailed if you are convicted of a stalking charge. At minimum, your reputation can be damaged; at worst, your career and career prospects can be ruined, your custody with your child impacted, a criminal record established, and even jail time.
In Bergen County and throughout New Jersey, revisions were made to stalking laws that went into effect in 2024. These revisions are targeted to protect victims of stalking. Victims of true stalking deserve to be vigorously protected; no one should be constantly afraid that a stalker may hurt them. Unfortunately, misunderstandings and false claims made for malicious purposes happen. Particularly when stalking allegations involve a romantic or former romantic partner, allegations of stalking get a little murky.
When facing allegations of stalking, you need the Lento Law Firm to advocate for you and make sure law enforcement hears your side of the story. Our Criminal Defense Team will present a strong defense to both law enforcement and in court if necessary. Your Lento Law Firm attorney will always ensure you are treated fairly, and your due process rights are preserved. Let us help you by calling 888-535-3686 or contact us online.
Stalking in Bergen County
Like all other counties in New Jersey, Bergen County applies New Jersey state stalking laws. This means the county doesn't have its own specific law, which is the same throughout the state. New Jersey law defines conduct as stalking if the person "purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress."
The language in the law can be slightly confusing since it uses legal jargon instead of plain terms. Here are a few clarifications on the language used in the law:
Purposefully or Knowingly
You have to consciously try to stalk another person; you can't be a stalker by accident. When prosecutors try someone on stalking charges, they must prove they followed that person on purpose. Bumping into someone harmlessly or having the same schedule as another person. For example, if you work in the same building as another person, they can't say, "Oh, he stalked me," when you're following your own routine. To succeed in convicting you on a stalking charge, the prosecutor must prove that you were intentionally following this person to follow them.
Course of Conduct
The course of conduct just refers to your behavior. Many different activities can qualify as stalking in Bergen County. Traditionally, when we think of stalking, we think of someone following another person, either by foot or by car, but that is no longer the case. Stalking now includes not only physical stalking but also online stalking. Common types of stalking we see nowadays involve putting a tracker on another person's car or device or stalking them on social media or other digital apps. New Jersey law provides examples of behaviors that are considered to be stalking, which include, but are not limited to, the following:
- Harassing a person
- Making/sending verbal or written threats
- Maintaining close proximity to another person without their consent
- Using third-party methods (for example, apps, trackers, cameras, etc.) to
- Follow
- Monitor
- Observe
- Surveil
- Threaten
- Communicate with
- Interfere with the other person's property
Repeatedly
Stalking isn't a one-time thing. Following someone only once, while not necessarily a great idea, is not considered stalking. New Jersey law requires that you have a repeated pattern of the behaviors discussed above to be convicted of stalking. Bumping into someone frequently or repeatedly isn't enough for a conviction or even a stalking charge. Especially if you live in a smaller town in Bergen County, you probably bump into the same people around town all the time. For it to be stalking, you would have to intentionally follow the person to these locations. Other examples are continuously or frequently tracking or harassing another person.
Emotional Distress
New Jersey law defines emotional distress as when you cause another person "significant mental suffering or distress." This definition isn't all that helpful because including the term you are defining within the definition doesn't provide much clarity. Examples are better for defining emotional distress. Emotional distress can come in many forms, such as being upset, humiliated, scared, or angry. In this case, a person has any of those emotions, or more, because of your stalking behaviors.
If you have been charged with stalking, the prosecution will have to prove all of the abovementioned elements. Your Lento Law Firm attorney will do everything possible to undermine the prosecution's argument and reduce or eliminate the charges against you.
Updates to Stalking Laws in Bergen County
The New Jersey state legislature changed the state's stalking laws in 2023. These changes went into effect in 2024, and many may be unfamiliar to you. These updates had a few impacts, big and small. For starters, the law's name changed. The law was previously called the Sexual Assault Survivor Protection Act of 2015; it has since been changed to the Victim's Assistance and Survivor Protection Act.
One of the biggest impacts of the updated law is that victims can obtain a restraining order against their stalker, both for physical and digital stalking. Additionally, the law heavily stressed the relationship between the victim and their stalker. The law now covers what is referred to as "stranger stalking," meaning the victim and their stalker do not need to have an existing relationship for the victim to be granted a restraining order in court. The law previously required a relationship or a related criminal conviction to grant a restraining order in a stalking case.
In changing the law, legislators hoped to better protect stalking victims, making sure the law covered the full range of stalking scenarios and options for victims to protect themselves in the legal justice system.
The Lento Law Firm Criminal Defense Team always keeps abreast of all proposed and finalized legislation. We know all the laws, so you don't have to. Our Team has seen first-hand how these laws impact our clients and is prepared to mount the best possible defenses for our clients facing stalking charges.
Bergen County Stalking Penalties
In Bergen County, you can face a few different penalties if you are convicted of a stalking charge. If you are convicted, it will either be a crime of the third degree or the fourth degree. (A restraining order is a whole different type of action, which will be discussed in a separate section below.)
You will be convicted in the fourth degree if the prosecution successfully proves all of the abovementioned elements: 1) Knowingly engaged in stalking behavior, 2) directed at a specific person, and 3) that would cause a reasonable person fear or distress. When you are convicted of stalking in the fourth degree, you can face a variety of penalties, including:
- Up to $10,000 in fines
- A criminal record
- Probation
- Up to 18 months in prison
There are a few different ways you may end up with a third-degree conviction, which are:
- If you have stalked someone in violation of a court order prohibiting contact
- You have committed a second or subsequent offence of stalking against the same person
- You have stalked someone while you are out on parole or on probation, not only for a crime in New Jersey but a crime in any state or federal court
The penalties for a third-degree stalking conviction can be severe; they include:
- Up to $15,000 in fines
- A criminal record
- Probation
- A prison sentence between three and five years
In addition to these penalties, any person convicted of stalking in New Jersey will have a permanent restraining order issued against them, prohibiting them from ever contacting or being near their stalking victim again. The penalties for stalking are severe, so contact the Lento Law Firm today so we can work to reduce your penalties from the start.
Pretrial Intervention Program
Stalking is a serious crime, but New Jersey courts sometimes understand that no harm was meant in your particular situation and that there is rehabilitation potential in your case. The Bergen County Court offers some stalking defendants the right to participate in the Pretrial Intervention Program (PTI). PTI is a great option for first-time offenders because it allows them to avoid the worst consequences of a stalking charge, including prison time and a criminal record.
The purpose of PTI Is to allow stalking defendants to repent for their mistakes and get their lives back on track, all while reducing the number of people entering the New Jersey criminal justice system. But PTI isn't a get-out-of-jail-free card. You must take several prescribed actions to be admitted and remain in the program, and violating these requirements can land you in jail. PTI Program requirements may include:
- Community service
- Drug testing
- Making restitution payments
Your charge won't disappear as soon as you enter the PTI Program. Generally, your charges will be dropped after six months as long as you comply with the court order requirements.
Not everyone can access the PTI Program, and even if you are eligible, sometimes prosecutors fail to mention your eligibility. That is why you need the Lento Law Firm Criminal Defense Team to ensure your rights are upheld and all viable options are presented to you.
Your Lento Law Firm attorney will walk you through all of the eligibility requirements in detail, but an overview of the requirements is as follows:
- You must be over 18 years of age when the alleged stalking incident(s) occurred
- You have no prior criminal record
- You are considered to be a non-violent offender
- The facts of your case and the stalking incident(s) indicate that you did not stalk this person with malice (i.e., trying to cause harm to the alleged victim)
It is important to apply for the PTI Program immediately after arrest. Do not wait until you are indicted on the stalking charge. Being arrested is overwhelming, and you may feel like you need a minute to process the situation, but you don't have time to wait. Call the Lento Law Firm Criminal Defense Team immediately. We will reduce your stress and ensure that everything in your case is handled appropriately and in a timely manner to increase your chances of success.
Restraining Orders
As discussed briefly above, victims are now allowed to file for restraining orders against their alleged stalker, even if they don't have an existing relationship. Restraining orders in Bergen County and New Jersey as a whole come in two forms: temporary restraining orders (TRO) and final restraining orders (FRO). Temporary restraining orders are temporary; they are valid only for a short period (usually a few weeks) while the court reviews the facts of the case. Final restraining orders are issued once the court has reviewed the case. This type of restraining order is permanent.
To have a restraining order issued against you in Bergen County, one of the following requirements must be met:
- You live in Bergen County
- The alleged victim lives in Bergen County
- The alleged victim is temporarily staying in Bergen County
It is important to have a criminal defense attorney defending you immediately after a request for a restraining order has been filed against you. Contact the Lento Law Firm as soon as possible to ensure your best defense is presented to the judge; this is your best chance of having the judge deny the request.
Retain the Lento Law Firm Today
Stalking charges are no laughing matter, even if you are completely innocent and the whole situation is a misunderstanding. Bergen County law enforcement and courts take protecting stalking victims seriously, and often, they don't give alleged stalkers the benefit of the doubt. The only person you can rely on to be in your corner is your Lento Law Firm Criminal Defense Team attorney. Let us start fighting for you; call 888-535-3686 or contact us onlinetoday.
