If you are criminally charged with stalking, it can feel like your whole life is put on pause. Not only are you facing years in prison and hefty fines, but your reputation and personal life may never be the same. Clearing your name by vigorously defending yourself from accusations of stalking is the best way to prevent long-term damage to your life and return to a sense of normalcy.
At the start of 2024, New Jersey amended its stalking laws to provide greater protection to victims. However, these additional protections come at a cost, and those accused of stalking in New Jersey may now find themselves at greater risk than ever before. Critics of the law fear that more innocent people will be issued restraining orders and charged with crimes despite no wrongdoing on their part.
Residents of Cumberland County are not immune to these risks. If you are facing stalking charges or a potential restraining order, you shouldn't rely on the court system to exonerate you. You must work proactively to defend against allegations and protect your future.
The Lento Law Firm has represented clients in New Jersey courtrooms for many years and can use this vast experience to defend you, as well. With so much on the line, having attorneys who know and understand the local Cumberland County court system gives you the edge you need against the prosecution. Call our Criminal Defense Team today at 888-535-3686 or contact us through our website to learn how we can defend you from stalking charges.
Stalking in Cumberland County
Anyone criminally charged with stalking in Cumberland County will find themselves defending from New Jersey's statewide stalking law. Stalking, as defined in criminal statutes, is much different than what the average person has in mind. When defending clients, the Lento Law Firm works to dismantle the prosecution's case by highlighting where the facts don't align with the criminal definition.
There are three main components of stalking, according to New Jersey law. Stalking occurs when someone:
- Purposefully or knowingly engages in a particular course of conduct.
- Directs those actions at a specific person.
- Through their actions causes someone else to fear for their safety, the safety of someone else, or suffer emotional distress
As you can see, stalking is much more than simply following someone on the street, and the prosecution must prove each part to secure a conviction. Exceptions and affirmative defenses also exist, such as when someone is group picketing and directing actions toward another.
Purposefully or Knowingly
If someone does not know what they were doing or understand that their actions caused some distress, they are not guilty of stalking. Stalking is not an accidental act, and the guilty party must be aware of their actions and their impact on the victim.
Course of Conduct
In the modern day, stalking does not always resemble the acts most of us associate with the term. Instead of simply following someone down an alley, a stalker might use online or electronic tools to monitor their victim and gather information about them. In some cases, stalking can occur before the victim even knows who their stalker is or sees them in person.
New Jersey law identifies many behaviors and conduct that can qualify as stalking, including:
- Using tools or methods to follow, monitor, observe, threaten, surveil, communicate with someone, or interfere with their property.
- Maintaining close visual or physical proximity to someone.
- Conveying threats in any form.
- Harassment.
Since so many different behaviors can be classified as stalking, those accused may have issues defending themselves. With enough scrutiny, prosecutors can attempt to argue that almost any action is part of a course of conduct to stalk a victim.
Repeatedly
One of the most important parts of proving stalking is showing that the accused repeatedly engaged in stalking behaviors. Each act doesn't need to be repeated, but numerous actions must all point toward an intentional pattern of behavior toward a victim. In addition, the accused must have had intentionality during each repeated action.
If a victim alleges emotional distress due to a single interaction, a solid defense to these allegations is showing a lack of repeated behavior. However, intent is still needed even if two people happen to see each other or interact repeatedly in multiple places.
Emotional Distress
Victims of stalking must have endured some level of emotional distress, defined by New Jersey as significant mental suffering or distress. Specifically, their response must be reasonable, such that an average person understands why the alleged behavior caused the victim to be fearful for their or someone else's safety.
False Allegations as a Weapon
There may be cases where an individual uses false allegations of stalking to hurt someone they dislike or gain an advantage in a contentious situation. Most commonly, this is seen during high-stress divorces involving children or a large, shared pool of assets. By accusing their ex of stalking, some individuals may hope to gain favor in the eyes of the judge or inflict reputational damage that helps them achieve their goals.
If you are facing completely fabricated and false accusations of stalking, you should never let them continue to build without vigorously defending yourself from every allegation. The Lento Law Firm can help protect your name from accusations, regardless of origin, before they permanently damage your life.
Updates to Existing Stalking Laws in Cumberland County
While the core criminal definitions of stalking are unchanged, New Jersey's legislature updated the state's stalking laws in early 2024. The primary changes to the law were:
- The closing of a loophole that disallowed stalking victims from filing a restraining order if they did not have a previous relationship with the alleged stalker.
- An expansion of the grounds for obtaining a restraining order to include cyber harassment and stalking.
- A name change, going from the Sexual Assault Survivor Protection Act of 2015 to the Victim's Assistance and Survivor Protection Act.
Most of these changes aimed to bring the law up to modern standards and address deficiencies that some proponents saw in the system. However, critics of the law noted that broadening these victim protections may result in more allegations of wrongdoing and convictions of innocent people.
Unless an expansion of victim protections includes explicit protections for those who may now be accused due to these changes, the balance of power will shift. The Lento Law Firm has kept a close eye on these legislative updates and understands the new risks faced by those accused of stalking. Our Criminal Defense Team can work with you as soon as someone levies allegations to craft a defense and prevent them from spiraling out of control.
Cumberland County Stalking Penalties
If someone in Cumberland County is convicted of stalking, they will face penalties matching their offense level. Stalking charges can take the form of a crime of the fourth degree or a crime of the third degree. Stalking allegations can also originate outside the criminal justice system and result in a restraining order.
If prosecutors allege that behaviors meet the criminal definition of stalking, they will seek a conviction of fourth-degree stalking. This offense carries penalties up to:
- 18 months in prison.
- $10,000 in fines.
- Probation and a criminal record.
However, prosecutors may seek a conviction of third-degree stalking charges if they allege that the accused:
- Stalked someone they have previously stalked before.
- Stalked someone while imprisoned or on parole or probation, regardless of which jurisdiction in the US convicted them.
- Stalked someone while under the effect of an existing court order.
In the case of third-degree stalking convictions, potential fines increase to $15,000, and prison time can increase to up to three to five years. After a conviction, courts will issue a restraining order against the accused, though this isn't the only way for a victim to receive restraining order protections.
Pretrial Intervention Program in Cumberland County
New Jersey's Pretrial Intervention Program (PTI) is an opportunity for Cumberland County residents accused of stalking to avoid a criminal conviction. If someone facing criminal charges is eligible for PTI and completes the program, they will not have a criminal record regarding the alleged stalking behavior.
Enrolling in PTI does not immediately eliminate the risk of criminal responsibility. To prevent charges from appearing again in the future, enrollees must adhere to all requirements, such as counseling and drug testing, over a time span of up to three years. If someone fails to follow the rules, prosecutors can charge them for their alleged crimes.
PTI allows first-time offenders to prevent charges from appearing on an otherwise clean criminal record. However, anyone meeting the basic eligibility requirements can qualify for the program. These criteria include:
- Charges must not be a municipal ordinance or low-level, non-criminal offense.
- Charges must not be a disorderly person offense unless it involves domestic violence.
- Enrollees cannot have participated in a similar program, including New Jersey's Veterans Diversion Program.
Even if an individual meets these criteria, they may not be allowed to enroll if their charges are related to domestic violence or violations of restraining orders. In addition, anyone with previous criminal convictions or pending charges for serious crimes may need approval from the Cumberland County prosecutor.
Local county probation officers supervise residents of Cumberland County enrolled in PTI. The probation office is located in nearby Gloucester County:
1893 Hurffville Road
Sewell, New Jersey 08080
Phone: 856-878-5050 ext. 15682
PTI may be the best option, but you shouldn't assume that the lack of criminal charges makes legal representation less important. The Lento Law Firm can work with you to determine if PTI enrollment is available for your case and help secure placement and success in the program.
Cumberland County Restraining Orders
2024 legislative updates allow those seeking a restraining order to file for stalking-related reasons, even if they do not know or have a relationship with the alleged stalker. Courts still look at the evidence presented, but initial allegations can immediately affect the lives of those accused.
Restraining orders prevent the accused from being near or communicating with a specific person. Courts can issue two types of restraining orders, one quickly and one after investigating the case:
- Temporary Restraining Order (TRO)
- Permanent, or Final, Restraining Order (FRO)
When courts issue a TRO, it is only for a limited time and intended to protect the alleged victim from harm before courts can investigate the case further. Should courts see evidence or become aware of a criminal conviction warranting the restraining order, they can issue an FRO to protect the victim or their family long-term.
Individuals filing a restraining order have options available. They can file at a court located:
- Where the alleged stalker lives
- Where the plaintiff lives
- Where the plaintiff is currently staying or residing
On the other hand, the person defending against the restraining order has to appear in the chosen court to present evidence and clear their name. This means they may have to travel to an unknown county court across the state, immediately placing them on the back foot.
Once a restraining order goes into effect, the county where it was filed ceases to play an important role, and the order is effective statewide. In addition, New Jersey courts recognize and enforce court orders from other states in the country.
Defending against a restraining order shouldn't be an impossible task. The Lento Law Firm is experienced in every New Jersey county court and can assist Cumberland residents who need help fighting against potential court orders.
Cumberland County Court System
New Jersey classifies stalking as an indictable offense, similar to felonies in other states. The Cumberland County Superior Court in Bridgeton is responsible for all cases involving indictable offenses, including your stalking case if you are facing criminal charges in the county.
There are many municipal courts in Cumberland County, including in Hopewell, Lawrence, and Shiloh townships. At the initial stages of your case, one of these courts will handle preliminary hearings and arraignments. Later, should you go to trial or need to appeal, the Bridgeton Superior Court will oversee those parts of the case.
Options for Plea Deals in Cumberland County
Going to trial and later attempting to win on appeal can be risky, and one option available in most cases is a plea deal. When you accept a plea deal, you typically agree to a lesser charge and receive less punishment in exchange for waiving your right to a trial.
Plea deals are not always the best option. While they do allow your attorneys to negotiate for the best possible terms and sentencing details, plea deals force you to give up your right to trial and appeal. But in many cases, avoiding a lengthy trial and knowing beforehand what, if any, punishment you will face is favorable compared to risking your future before a judge and jury.
Protect From Stalking Charges in Cumberland County
Criminal stalking charges are nothing to scoff at. Convictions can lead to years in prison and irreparable damage to your reputation that is hard to rebuild. The Lento Law Firm understands how difficult and stressful facing allegations can be, and we are prepared to protect your rights during the entire criminal justice process.
Our Criminal Defense Team represents New Jersey residents across the state, including Cumberland County. Call our team today at 888-535-3686 or contact us through our website to get started on your defense.
