To protect its citizens from physical, mental, and emotional distress, New Jersey treats stalking with the gravity it deserves. Nothing demonstrates that quite like the updates that the state legislature made to its stalking laws and definitions in 2023.
The updates are meant to provide better support for stalking victims, but in doing so, they put more innocent people at risk of becoming labeled as stalkers. That's why it's more important than ever for citizens of Passaic County to understand local stalking laws.
Have you been accused of stalking? New Jersey may define stalking laws, but don't let your accuser define your narrative or future. Instead, let our passionate and knowledgeable Criminal Defense Team advocate for you. To schedule a consultation, call the Lento Law Firm immediately at 888.535.3686 or fill out this contact form.
Stalking Laws in Passaic County
Thanks to the 2023 updates, you may have an outdated understanding of New Jersey's stalking laws, which apply in Passaic County. It's crucial to familiarize yourself with them to navigate a case against you. The first item to review should be the expanded criteria for establishing stalkers in New Jersey.
Threats of Harm
Verbal threats of harm are not uncommon when made in the heat of the moment, so they're not always taken seriously. However, in stalking, threats like these are often deliberate, detailed, and repetitive, focusing on the victim's work, property, reputation, mental health, or physical well-being. They can even include a victim's loved ones. Whether verbal or written, threats of harm suggest the stalker's capability, motivation, and sincerity.
Emotional Distress
Naturally, threats of harm are enough to cause emotional distress. However, just the consistent unexpected or unwanted presence and contact of another person can interrupt a victim's sense of peace, easily provoking frustration and stress. Paranoia, panic attacks, and short-temperedness are just a few common symptoms. The state may consider you a stalker for causing such reactions in someone.
Reason to Fear
Emotional distress can occur separately from fear, but fear is typically accompanied by emotional distress. That is, the distress is compounded into fear because there are legitimate reasons to believe that a stalker will escalate their actions or carry out their threats. This fear may affect the victim's ability to function in daily life. If your actions constantly scare someone, you could be labeled a stalker.
Course of Conduct
A single instance of unwanted or unexpected contact probably isn't enough to make you a stalker in the eyes of New Jersey law. Instead, stalker behavior is characterized by obsession manifesting in patterns that intimidate or stress another person.
If you're regularly monitoring, following, harassing, or surveilling someone, in addition to making threats or interfering with their property, you could end up accused of stalking. Per New Jersey law, only two such instances are enough to consider you a possible stalker.
Purposeful Actions
Establishing a course of conduct alone may not result in a stalking conviction. After all, it's possible that some of the actions perceived as stalking are actually coincidental run-ins and misunderstandings, particularly if you and your accuser frequent the same areas or associate with similar groups of people.
That's why there should also be evidence that you're acting questionably on purpose. Consistently turning up where you're unexpected suggests forethought. Things like threatening, harassing, monitoring, surveilling, and following require planning and intent.
Even when your actions seem spontaneous, some people rely on their intuition to tell the difference between normal and abnormal interactions. Assuming you have basic social skills, you should be aware of when it looks like you're deliberately harming, intimidating, or stressing someone. If you don't adjust your behavior, it could look purposeful, which may lead to a stalking accusation.
Updates to the Law
In 2015, New Jersey passed the Sexual Assault Survivor Protection Act of 2015 (SASPA). As soon as it went into effect, it proved vital in supporting sex crime victims. When the New Jersey legislature updated the state's stalking laws in 2023, they also amended the SASPA, which included a name change; it's now the Victim's Assistance and Survivor Protection Act (VASPA).
One notable difference is that victims can now more easily obtain restraining orders for stalking and cyber harassment, even if the offender is a stranger. In the past, restraining orders were reserved for victims whose stalkers already had a relationship with them or if the stalkers were already convicted criminals.
These changes are great for victims who need immediate protection against stalkers. Unfortunately, they also enable people to accuse nearly anyone of stalking with little to no evidence, calling into question the reputations and intentions of the innocent. If this has happened to you, the Lento Law Firm is prepared to defend you.
Restraining Orders Against Stalkers in Passaic County
To elaborate on the previous points, a restraining order demands that you refrain from contacting or coming within a specific distance of the person who files it against you. No matter where you or your accuser live, permanently or temporarily, they can get a restraining order that applies throughout the state. Even restraining orders filed in other states are valid in New Jersey.
In Passaic County, three types of restraining orders are available:
- Temporary Restraining Order (TRO): An accuser can ask for a restraining order that lasts up to ten days or whenever they can present evidence of stalking at a hearing, which could lead to a final restraining order.
- Emergency Restraining Order (ERO): process of an emergency restraining order is expedited and immediately takes effect upon approval from a judge. It's temporary as well.
- Final Restraining Order (FRO): Egregious crimes like stalking call for final restraining orders, which are permanent.
Regardless of whether you're truly stalking someone, they can get a restraining order against you if they think you're guilty of it. If you're formally convicted in court, you'll receive an FRO.
Either way, if a restraining order is filed against you, police may get a warrant to search your home for weapons, surveillance equipment, and other tools that stalkers tend to use. It's part of the process of approving a restraining order in Passaic County, but since it can feel like such a jarring invasion of privacy, ask the Lento Law Firm to make sure law enforcement is respecting your rights.
Trial Process for Stalking in Passaic County
Are you accused of stalking and nervous about what to expect in court? Learning about the trial process could be the best way to calm your mind so that you can better prepare to defend yourself.
Preliminary Hearing
First, the court will hold a hearing in a municipal court to examine the evidence to see whether there's a reason to believe you might be a stalker. You must be present at the hearing as well. If the judge there's a strong possibility of your guilt, they'll indict you.
Plea Deal
Should you be indicted, you have the option of entering a plea deal. The judge would require you to accept a less serious charge than stalking, and you can provide input on your penalty.
The benefit to this is that you won't have to endure the long and draining process of a trial or the negative repercussions associated with a guilty verdict if you get one. The downside is that you would be unable to appeal.
Superior Court Trial
If you choose to go to trial, the proceedings will move to a superior court in Passaic County. A judge and jury will review evidence presented at the preliminary hearing in addition to anything new that may have come up, with the Lento Law Firm Criminal Defense Team offering compelling arguments on your behalf. The jury delivers a verdict, and if they find you guilty, the judge will sentence you.
Appeal
The process doesn't have to be over if you're declared guilty in a superior court trial. You can choose to appeal within 45 days of the trial's conclusion, transferring your case to the Appellate Division of Superior Court if the judge approves. The Lento Law Firm will defend you just as vigorously there.
Penalties for Stalking in Passaic County
Misdemeanors and felonies are the most common categories of crimes in the United States. In New Jersey, though, the equivalent of a misdemeanor is a disorderly person offense, and for a felony, it's an indictable offense. Stalking is the latter, so it could have a significant impact on your future.
Of course, a conviction comes with penalties, which may vary depending on the severity of the offense.
Fourth Degree
If it's your first stalking conviction, or if nothing more serious happened, chances are it will be labeled as stalking in the fourth degree. In Passaic County, this means you may be subject to the following penalties:
- A maximum of 18 months in prison
- A maximum fine of $10,000
- Probation
Third Degree
Repeated offenses, defying restraining orders, and violating parole or probation from federal crimes could all escalate a stalking conviction to the third degree. You can expect any of these penalties:
- Three to five years of prison time
- A maximum of $15,000 in fines
- Probation
Consider, too, that a stalking conviction can potentially cause more problems than these. For example, you may be passed over for certain jobs and housing. You could also lose important relationships while others become strained because your loved ones, neighbors, supervisors, and co-workers have trouble trusting you.
To protect your present and future, you should do everything you can to avoid a stalking conviction. That starts with contacting the Lento Law Firm.
Why Should You Hire the Lento Law Firm?
If you're accused of stalking in Passaic County, you could have difficulty defending yourself since New Jersey's laws favor victims' rights. Without a strong advocate, you could end up falsely convicted or with a harsher sentence than you deserve. The Lento Law Firm can change all that for you. Read on to see why.
They've Built a Stellar Reputation
Over the years, the Lento Law Firm has earned respect throughout the nation for its knowledge and skills in criminal defense. Some of their successes have received acclaim and media attention, including in New Jersey. You won't find a team more prepared to defend you in Passaic County.
They Take a Holistic Approach
The Lento Law Firm understands that you are more than a single mistake or incident. Rather than focusing solely on the stalking charge, they'll present you as a whole human with context and value. By doing so, they can prove why you're innocent or merit leniency.
They'll Look for the Truth
If you're innocent, the Lento Law Firm will also make sure that the judge and jury know. Maybe your accuser misunderstood your actions and intentions, or they're maliciously trying to get you in trouble because they're an angry ex-spouse, co-parent, former friend, family member, co-worker, or neighbor. No matter the truth, the Lento Law Firm will uncover it and convince the court that you don't deserve the charge against you.
They're Familiar with the Pretrial Intervention Program
Many states have laws and programs that let qualifying offenders move on from crimes and convictions with minimal blemishes on their records. It can boost your chances of finding employment, getting housing, and taking out loans or credit lines. In New Jersey, that's the Pretrial Intervention Program (PTI). It's essential to work with the Lento Law Firm because they know all about it and could help you take advantage of it.
The program consists of six months to three years of counseling and supervision from a county probation officer. If you complete it, the state will remove the stalking conviction from your criminal record. You would have to keep in contact with the county probation office, found here:
Passaic County Probation
77 Hamilton Street
1st Floor
Paterson, NJ 07505
You're likely to qualify if you meet the following criteria:
- Your record doesn't contain non-criminal offenses or restraining order violations
- The Passaic County prosecutor gives their approval if you do have previous convictions
- Your crime is an indictable offense or disorderly person offense for domestic violence (as a reminder, stalking is an indictable offense)
- This would be your first time enrolling the PTI program or anything similar in the United States
Protect Yourself From Stalking Charges in Passaic County
Whether or not you followed someone maliciously, a stalking charge doesn't have to follow you. The Lento Law Firm is ready to protect the rights, reputations, and careers of Passaic County residents accused of stalking. If you're prepared to accept their help and look forward to a better future, call the Lento Law Firm Criminal Defense Team at 888.535.3686 or fill out a contact form.
