Being accused of stalking can have severe, long-lasting consequences. Not only could you end up with a criminal record, but your reputation and personal life could also be significantly damaged, impacting your relationships, career, and even your time with your children.
In 2024, New Jersey made changes to its stalking laws to provide better protection for victims. However, critics argue that the broader definition of stalking could lead to more individuals — even those who are innocent — being wrongly charged and going through the criminal justice system.
While victims of stalking should be protected, unjustly accusing individuals and subjecting them to potential criminal charges does not enhance safety for anyone. Instead, it poses a risk of causing harm to innocent people's lives.
If you've been wrongfully accused of stalking in Essex County, you need a dedicated advocate who will protect your rights to due process. The Lento Law Firm Criminal Defense Team works with individuals throughout New Jersey to provide the defense they need against criminal charges, including stalking. Contact our experienced team today at 888-535-3686 or fill out a contact form to learn how we can help.
Stalking in Essex County
Stalking is typically characterized as the intentional or conscious engagement in a "course of conduct" directed at a particular individual, instilling a sense of fear for their own safety or that of another reasonable person, or resulting in considerable emotional distress.
The aspect of "course of conduct" is what distinguishes stalking as a specific legal offense. This conduct may encompass:
- Persistent efforts to maintain visual contact with or remain physically near an individual;
- Any actions taken to follow, surveil, observe, threaten, or communicate with that individual;
- Tampering with the personal property of the individual; or
- Repeated acts of harassment directed at the individual.
In New Jersey, stalking charges can be brought against an individual whose behavior is deemed threatening towards another person. If a reasonable person would perceive the actions as threatening, it's considered stalking under the law.
The nature of the relationship or past history between the victim and the accused is also considered in such cases. For instance, if the two individuals had a previous romantic relationship that ended with threats or violence or if there was a history of threatening behavior between them.
Pattern of Activity
In general, stalking involves repeated occurrences and a consistent pattern of behavior. This pattern does not necessarily mean that each individual action is repeated but rather that there is a pattern of following or monitoring someone over time. It also implies that the person accused of stalking was aware of their actions and followed the individual on multiple occasions.
That said, if two individuals coincidentally happen to be in the same music store in Newark for several days, then unexpectedly meet at an auto shop in Bloomfield and later at a ShopRite in Nutley, it may not constitute stalking if neither person had the intention of encountering the other, even if one person claims emotional distress.
Mental Suffering
Actions or behaviors that result in significant mental suffering or distress are classified as emotional distress. This term is purposely ambiguous as individuals react differently to stress and threats. The crucial factor in a stalking case in Essex County is that the emotional distress must be rational, meaning that an average person would comprehend why someone's actions or behavior could cause fear or anxiety in another individual.
Interpretations of the Truth
Individuals may embellish or fabricate details regarding behaviors or emotions. Given the severe repercussions that come with being accused of stalking, some may opt to misrepresent the truth to assert that they are being stalked. This often happens in child custody disputes, where one parent may allege that the other has engaged in stalking or domestic violence to secure sole custody.
However, such distortions can arise for various reasons, such as when a graduate student accuses a peer of stalking in an attempt to undermine their professional prospects. Similarly, conflicts between coworkers or neighbors can lead to unfounded stalking allegations.
Updates to Stalking Laws in Essex County
In 2023, the New Jersey legislature passed modifications to the state's stalking laws, which came into force in 2024. The key aspects of the revised laws include eliminating the “stranger stalking” loophole to facilitate alleged stalking victims in obtaining a restraining order, even in the absence of any prior relationship with the alleged stalker.
Previously, New Jersey's laws restricted restraining orders to cases where the stalker and victim had a prior relationship or when there was a relevant criminal conviction. Additionally, the Sexual Assault Survivor Protection Act of 2015 was renamed the Victim's Assistance and Survivor Protection Act, broadening the grounds for obtaining a restraining order to encompass stalking and cyber harassment.
What New Stalking Laws Mean for the Accused
Advocates of these amendments argue that they will enhance the protection of stalking victims, while some critics have expressed concerns that the updated laws are overly broad and may lead to an increase in false allegations, charges, and convictions.
The Lento Law Firm Criminal Defense Team believes these changes underscore the dynamic nature of the legal system. We remain informed about proposed, forthcoming, and recent legal modifications and their implications for our clients.
Pretrial Intervention Program
Some individuals may be eligible for the Pretrial Intervention Program (PTI). Those who qualify for PTI and fulfill the requirements will not have a criminal record from the alleged stalking incident.
The PTI program focuses on counseling, supervision, and other services aimed at preventing future criminal activity — and can last from six months to three years. To successfully finish the program, participants must fulfill all of the requirements.
Eligibility for PTI is not limited to first-time offenders. The basic criteria for eligibility are:
- Not previously enrolled in PTI or similar programs in the U.S., including the Veterans Diversion Program
- Not charged with a disorderly person or petty disorderly person offense
- Exception: If the charge involves domestic violence
- Not charged with a municipal ordinance or other non-criminal offense
Individuals are unlikely to qualify for the program if the allegations against them involve domestic violence and violating a restraining order. Some individuals, including those with prior convictions, may require approval from the Essex County prosecutor before applying.
PTI clients are supervised by county probation officers. In Essex County, the probation office is located in the Essex County Veterans Courthouse.
Contact Information:
50 West Market Street
Floor 8
Newark, New Jersey 07102
973-776-9300 ext. 69032
If you are facing stalking allegations in Essex County and believe you may be eligible for PTI, contact the Lento Law Firm Criminal Defense Team. We can assist you in determining if PTI is the best option for you.
Essex County Stalking Penalties
In Essex County, individuals found guilty of stalking can be convicted of either a fourth-degree crime or a third-degree crime. A criminal conviction is not necessary for a restraining order, and the two issues can be addressed separately.
A fourth-degree crime conviction occurs when a prosecutor proves that someone meets the criteria for stalking.
A fourth-degree conviction carries potential penalties of:
- $10,000 in fines
- A mark on your criminal record
- Probation
- Up to 18 months in prison
An individual may be convicted of a third-degree crime when:
- They stalked someone despite an existing court order
- They have committed multiple stalking offenses against the same person
- They stalked someone while serving a term of imprisonment or while on parole or probation in New Jersey or any other state or as a result of a federal conviction
A third-degree conviction carries potential penalties of:
- $15,000 in fines
- A mark on your criminal record
- Probation
- Prison time between three and five years
Additionally, anyone convicted of stalking in New Jersey will have a permanent or final restraining order (FRO) issued against them.
Restraining Orders
As mentioned above, stalking-related restraining orders can now be requested in New Jersey without the need for a prior relationship with the alleged stalker. These orders restrict an individual's ability to communicate or be physically close to a specific person.
There are two main types of restraining orders in New Jersey: Temporary Restraining Orders (TRO) and Permanent, or Final, Restraining Orders (FRO). In certain cases, individuals can also seek an emergency restraining order.
TROs are typically issued temporarily to safeguard the alleged victim and allow the court time to review the evidence. A FRO is granted when the evidence supports such action or as a result of a specific criminal conviction.
Individuals can file for a restraining order in the county where the defendant resides, where the plaintiff resides, or where the plaintiff is temporarily staying, such as in a shelter. This may mean that a defendant's restraining order hearing will not take place in their county of residence.
Once issued by Essex County, the restraining order is valid throughout New Jersey and the entire United States. It's important to note that New Jersey also recognizes and enforces restraining orders from other states.
It's crucial to defend oneself against allegations of stalking or other behaviors that could lead to a restraining order, as such an order will have lasting implications.
Restraining Orders and the Essex County Sheriff's Office
Essex County Sheriff's Offices also has a dedicated unit for Temporary Restraining Orders (TRO). This unit is responsible for carrying out the following tasks related to restraining orders:
- Serving court-issued TROs
- Executing court-authorized search warrants to locate weapons in a residence
Being accused of stalking doesn't diminish one's rights, including protection against overly broad or unlawful warrants or searches. If you are facing stalking allegations or have a restraining order filed against you, it's important to have someone who will advocate for your rights. The Lento Law Firm Criminal Defense Team ensures that our client's rights are lawfully protected throughout the legal proceedings.
The Essex County Court System
Like other regions in New Jersey, Essex County refers to serious criminal offenses as indictable offenses, with stalking classified under this category. The Superior Court of Essex County is responsible for adjudicating all cases related to indictable offenses.
Individuals accused of stalking may undergo a preliminary hearing at one of the twelve municipal court venues within the county. Should the case proceed to trial, it will be transferred to the Superior Court located in Trenton. If a defendant is convicted, they — along with their legal counsel — have the option to file an appeal with the Appellate Division of the Superior Court.
Plea Agreements in Essex County
Defendants may opt for a plea agreement as an alternative to going to trial. In such agreements, individuals typically consent to a reduced charge along with a mutually accepted penalty. Acceptance of a plea deal is voluntary, and every individual retains the right to a trial if they so desire.
Plea agreements present both benefits and drawbacks. A significant advantage is that the defense team can influence the sentencing outcome, which is not possible if the case is tried and results in a conviction. Conversely, a major disadvantage is that once a plea agreement is accepted, the defendant forfeits the right to appeal.
The Lento Law Firm Criminal Defense Team Can Help
If you have been accused of a stalking offense in New Jersey, you need to consult with a skilled criminal defense lawyer. Prosecutors and judges take stalking charges very seriously. Having a clear understanding of the specifics of your stalking accusation is essential in developing an effective defense plan.
The Lento Law Firm Criminal Defense Team possesses the expertise and insight necessary to assist you in defending against your charge. To discover why attorney Joseph D. Lento and the Lento Law Firm are the ideal options to support you in challenging your stalking accusation, please contact us at 888-535-3686 or fill out a contact form today.
