In New Jersey, stalking is a serious crime. The repercussions of a stalking charge, arrest, and prosecution can be long-lasting and impact every aspect of your life, from your personal relationships and custody arrangements to your career and livelihood.
If you are facing allegations of stalking anywhere in Hudson County, from Bayonne or East Newark to Hoboken or Jersey City, it is important that you take fast action to defend yourself. The Lento Law Firm's Criminal Defense Team can help. Contact our offices by phone at 888-535-3686 or online to set up a consultation.
New Jersey Legislature Amends Stalking Laws
In 2023, the New Jersey legislature amended the state's stalking laws. The changes went into effect in 2024 and included:
- Allowing alleged stalking victims to get a restraining order against someone without any existing and prior relationship between the parties. Previously, an alleged victim could not get a restraining order against a stranger.
- Expanding the grounds for obtaining a restraining order to include stalking and cyber harassment, reflecting changing modern technology and the evolution of problematic behavior.
The New Jersey stalking laws were amended to better protect victims. Critics of the changes believe that the amendments overburden limited judicial resources and will lead to innocent people being prosecuted.
Regardless of the shifting legal definitions, it remains true that anyone who is investigated for or charged with stalking must take immediate and decisive action to protect themselves before and during any criminal prosecution. The justice system is not perfect, and anyone accused of a crime must take the initiative to refute the prosecution and prove their innocence. The experienced criminal defense attorneys with the Lento Law Firm can help you develop a comprehensive defense strategy.
If you are the target of a criminal investigation or stalking charge in Hudson County, it is critical that you build a team to protect your rights. The Lento Law Firm Criminal Defense Team helps people accused of crimes across New Jersey, including Hudson County.
Unfortunately, you cannot rely on the criminal justice system to protect your rights. Even the best-intending law enforcement officers and prosecutors make mistakes and may fail to fully investigate every lead. You need the Criminal Defense Team at the Lento Law Firm to ensure that the police and prosecutors respect your due process rights. Additionally, our team can track down favorable witnesses, find mitigating evidence, and follow every lead that could exonerate you.
Stalking in Hudson County, New Jersey
Crimes classified as felonies in other states are called indictable offenses in New Jersey. Stalking is an indictable offense. In Hudson County and across New Jersey, a person is guilty of stalking if all three elements of the crime are met:
- The accused purposefully or knowingly engaged in a specific course of conduct.
- The accused's conduct is directed at a specific person.
- The accused's conduct would cause a reasonable person to fear for their safety or the safety of another or to suffer other emotional distress.
In a criminal trial, the prosecution must prove all three elements for the defendant to be found guilty of stalking.
New Jersey law specifically defines the requirements of the crime of stalking to help police, prosecutors, and the public differentiate a criminal act from non-criminal behavior:
- Purposefully or Knowingly: To be considered stalking, the alleged perpetrator must be acting intentionally. Stalking does not happen accidentally. To obtain a guilty verdict, prosecutors must prove that the defendant knew what they were doing.
- Course of Conduct: Stalking may involve in-person behavior or online conduct, and stalking may include using electronic devices or third parties to follow, monitor, observe, surveil, threaten, communicate to or about a person, or interfere with a person's property. Additional behaviors or conduct that can be considered stalking are harassing a person, conveying verbal or written threats, and threatening a person, explicitly or implicitly, through conduct or a combination of conduct and communication.
- Repeatedly: Stalking generally consists of a pattern of activity, such as following or monitoring a person multiple times.
- Emotional Distress: Emotional distress means mental suffering. In the context of New Jersey's stalking statute, the emotional distress suffered by the alleged stalking victim must be considered reasonable and understandable by the average person.
If a criminal prosecution for stalking ends with a guilty verdict, the conviction may be classified as either a crime of the third degree or a crime of the fourth degree.
A fourth-degree stalking conviction is appropriate if the prosecution proves all statutory elements of the crime.
A third-degree stalking conviction is appropriate if the prosecution proves all statutory elements of the crime and the defendant stalked their victim in violation of a court order, it is the defendant's second or subsequent stalking offense against the same victim, or the defendant is on parole or probation for any indictable offense.
New Jersey criminal law is complex. If you are charged with stalking, contact the Lento Law Firm for help. Our experienced criminal defense attorneys have years of experience developing and executing defense strategies in Hudson County courts and across the state. We can provide a comprehensive defense strategy before, during, and after a criminal trial.
New Jersey's Pretrial Intervention Program
Some individuals charged with stalking in Hudson County may qualify for New Jersey's Pretrial Intervention Program (PTI). Eligible individuals who complete PTI will avoid having the alleged stalking incident added to their criminal record.
An individual's enrollment in PTI may last from six months to three years. Regardless of the time involved, participation in a PTI program can be a critical diversion opportunity for qualifying individuals. The Criminal Defense Team at the Lento Law Firm can help you evaluate if PTI is right for you.
Negotiating Plea Deals With the Prosecution
Even if you do not qualify for PTI, there may be other ways of avoiding criminal prosecution. Before beginning a criminal trial, prosecutors may negotiate a plea deal with the defendant. A plea deal is an agreement between the prosecution and the defendant in which the defendant often agrees to accept a lesser charge in return for an agreed-upon penalty.
The experienced criminal defense attorneys at the Lento Law Firm can help you decide if a plea deal makes sense and what terms the agreement should include. A plea agreement can spare you and your loved ones the stress and uncertainty of a trial. A plea deal is the only time a defendant's legal team can have a direct influence on sentencing. If you feel that you have not done anything wrong, it may be hard to accept a plea deal. Additionally, plea deals eliminate your right to appeal the verdict.
If you are charged and prosecuted for stalking, the Criminal Law Defense Team at the Lento Law Firm can help you explore your legal options. Based on your objectives and the specific facts of your case, our experienced attorneys can help you navigate pretrial diversion or plea deal opportunities.
Facing Prosecution for Stalking in Hudson County
If you are charged with stalking in Hudson County, a preliminary hearing is held at one of the county's 12 municipal court locations: Bayonne, East Newark, Guttenberg, Harrison, Hoboken, Jersey City, Kearny, North Bergen, Secaucus, Union City, Weehawken Township and West New York.
If the case proceeds, the criminal trial will be held at the superior court in Jersey City.
Regardless of where you are in the process, if you have been accused of stalking, it is never too late to create a team of experienced professionals to defend you and your rights. The Lento Law Firm can stand with you and fight for your future.
The Penalties for Stalking in Hudson County
The range of possible penalties for a stalking conviction depends on whether you have been convicted of fourth-degree stalking or third-degree stalking.
If you are convicted of fourth-degree stalking in Hudson County, the potential penalties include up to $10,000 in fines, probation, up to 18 months in prison, and the inclusion of the charge on your criminal record.
For a third-degree stalking conviction, the potential penalties include up to $15,000 in fines, probation, a 3-to 5-year prison sentence, and a conviction on your criminal record.
Along with the criminal penalties for stalking, a conviction can have serious adverse consequences in other aspects of your life. The Lento Law Firm can fight for you and try to mitigate the adverse consequence of a criminal arrest and prosecution for stalking.
Restraining Orders in Hudson County
If someone has accused you of stalking, you may discover that your accuser has filed for a restraining order against you. Restraining orders are legal orders to prohibit one person from being in close physical proximity or communication with another person. The person who files for or requests a restraining order is the plaintiff. The person whose behavior will be limited or curtailed by a restraining order is the defendant. Legal proceedings related to a restraining order can occur without a criminal conviction.
In New Jersey, the primary types of restraining orders are:
- Temporary Restraining Order (TRO): TROs are generally issued for a brief period to protect an alleged victim while the court considers evidence.
- Permanent or Final Restraining Orders (FRO): An FRO is issued after the court has considered all available evidence and concluded that a restraining order is warranted. Certain criminal convictions may also lead to the issuance of a FRO.
A request for a restraining order can be made with the court of the county where the defendant lives, where the plaintiff lives, or where the plaintiff is staying temporarily, including if the plaintiff is living in a shelter.
A restraining order issued in any county in New Jersey should be enforced throughout the state and the entire country. Similarly, New Jersey recognizes and enforces restraining orders issued by the courts of other states.
The recent changes to New Jersey law have made it easier for alleged victims of stalking to obtain restraining orders. It is no longer necessary for a plaintiff to prove that they have a relationship with their alleged stalker before obtaining a restraining order.
If You've Been Charged With Stalking, the Lento Law Firm Can Help
If you have been accused of stalking, regardless of whether charges are already filed, you need to take action to defend yourself and your reputation. The Criminal Defense Team at the Lento Law Firm can help protect your rights and defend you from criminal stalking charges by:
- Performing an independent investigation to determine the facts and search for exonerating evidence and witnesses.
- Overseeing the efforts of the police and prosecutor to make sure your constitutional rights are not violated.
- Representing you in preliminary hearings, during the trial, and throughout any subsequent appeals.
- Negotiating with prosecutors for a plea agreement.
- Helping you evaluate all allegations, charges, and potential outcomes so that you can make the best decisions for you and your loved ones.
A criminal arrest and conviction for stalking can destroy your reputation, career, and relationships. If you are involved in any family law or child custody disputes, such damaging allegations can jeopardize your access to your children.
The criminal law system is filled with uncertainty. Unfortunately, some people lie. The best-intending witnesses may provide unreliable testimony. Investigators can draw the wrong conclusions. With the Lento Law Firm on your side, you can count on us. We will be committed to you and your best defense.
You Are Not Alone
Facing an arrest, prosecution, or conviction for stalking can be devastating for you and your loved ones. With so much of your life at risk, it is normal to feel overwhelmed by the prospect of a criminal trial and conviction. From serving possible jail time to paying fines and missing work, your life and your future are at risk.
Do not let your fear of the process or its outcome keep you from protecting yourself and engaging in a strong defense. You don't need to navigate the criminal legal process alone. The Lento Law Firm Criminal Defense Team can help. To build a comprehensive defense team to protect you and your future, contact the Lento Law Firm's experienced criminal defense attorneys at 888-535-3686 or visit our online form.
