Knowing that stalking can have a profound effect on a victim's physical, mental, and emotional well-being, New Jersey has long codified laws against it. To stay on top of the evolving needs of the population, the state legislature also updated stalking laws and definitions in 2023.
Currently, the law focuses on providing superior protection and support for victims compared to what they had in the past. Unfortunately, this noble objective comes with a cost—increasing the possibility that innocent people can be accused of stalkers. As a resident of Somerset County, you need to know how these new laws can affect you.
Maybe you've already been accused of stalking or worry that you will be. Either way, the best response would be to hire an advocate for yourself through the Lento Law Firm Criminal Defense Team. Call the Lento Law Firm at 888.535.3686 or fill out this contact form to find out how they can protect you from the stigma of the stalker label.
Stalking Laws in Somerset County
Set aside whatever you might have known about stalking laws in New Jersey. The updates apply throughout the state, including in Somerset County, so focus on refamiliarizing yourself as though they're completely new. For example, New Jersey's criteria necessary to meet the definition of a stalker are broader now.
Course of Conduct
One of the most important criteria is the establishment of a malicious pattern. You likely wouldn't be branded a stalker if you unexpectedly run into someone or contact them against their wishes just once and if your interaction is harmless overall.
It's different if you have a history of following, harassing, threatening, surveilling, or monitoring another person, especially in ways that distress or intimidate them. The same is true if you've interfered with or caused damage to their property. New Jersey law says that you only need to perform these actions twice to establish a course of conduct.
Purposeful Actions
Even if there's enough evidence to suggest a course of conduct, you could still be considered innocent of stalking—unless you've demonstrated that you're disrupting your accuser's life on purpose.
If you live or work in the same area or with the same circles as your accuser, that could excuse plenty of undesired encounters or contact. However, that defense might not hold up if you're constantly showing up or communicating with your accuser when you have neither work nor social obligations to explain your presence. They would seem more intentional in those cases.
Perhaps all your actions that seem like stalking truly are innocent coincidences. If so, use your social skills to intuit when you're bothering, intimidating, or stressing someone else, and then find ways to avoid them. Otherwise, they could construe your actions as deliberate and, therefore, the mark of a stalker.
Threats of Harm
Many people make meaningless threats when losing their temper, but stalkers make them deliberately, repetitively, and sometimes with detail. They also give their victims a reason to believe that they have the ability and motivation to act on those threats. Whether you threaten a person's physical and mental well-being or their property, reputation, or loved ones, you could end up looking like a stalker.
Reason to Fear
If your threats are sincere and credible, then your accuser could naturally and understandably feel scared of you. That fear might affect their ability to go about their day-to-day life in a normal fashion. Genuine and reasonable fear on their part could paint you as a stalker.
Emotional Distress
Even if your accuser isn't scared of you, perhaps you're causing them emotional distress. This could manifest in a variety of ways, such as moodiness, paranoia, depression, anxiety, and panic attacks. In other words, they're unable to lead a peaceful life because they're constantly wondering what you'll do to interrupt it. They could say it's because you're stalking them.
Updates to the Law
Before the 2023 updates to stalking laws, the New Jersey legislature sought to improve support for sex crime victims by passing the Sexual Assault Survivor Protection Act of 2015 (SASPA). Nowadays, the act is called the Victim's Assistance and Survivor Protection Act (VASPA), thanks to the aforementioned updates.
The change most relevant to stalking cases is that restraining orders for harassment and stalking are easily accessible to victims. Prior to the updates, victims could only file against convicted criminals or those with whom they could prove a relationship; now, they can file against complete strangers.
Although the intent is noble—after all, some victims require protection from stalkers immediately—it means that an innocent person could easily be accused of stalking. If someone has misunderstood you or holds malice toward you, make the Lento Law Firm your ally.
Restraining Orders Against Stalkers in Somerset County
If you've never had to deal with a restraining order before, you should know what it means. Whether you live in Somerset County or anywhere else in New Jersey, it requires that you never contact the accuser or come within a specified distance of them. New Jersey also recognizes restraining orders filed in other states.
In Somerset County, three types of restraining orders are available:
- Final Restraining Order (FRO): Stalking and other serious crimes may warrant final restraining orders (FROs), which are permanent.
- Temporary Restraining Order (TRO): For up to ten days, an accuser can maintain a temporary restraining order (TRO) against you. It may evolve into an FRO if they can definitively prove you're a stalker in court.
- Emergency Restraining Order (ERO): As temporary and immediate protection, victims can file for emergency restraining orders (EROs) and expedite approval from a judge so that they go into effect right away.
To investigate the circumstances and reasons surrounding a restraining order, the Somerset County police may receive a warrant to search your home for items that could indicate stalking, like weapons, bondage tools, and surveillance equipment. This can easily feel like a violation of your privacy, so contact the Lento Law Firm immediately to protect your rights.
In any case, anyone can file these restraining orders against you, even with little to no evidence of your guilt. If you're officially convicted of stalking, an FRO will be issued against you regardless of whether your accuser already had one.
Trial Process for Stalking in Somerset County
A stalking accusation can cause you a lot of stress. One way to manage it is by learning what the trial process is like in Somerset County, especially if you've never been to court. It helps to set your expectations and prepare yourself for what's to come.
Preliminary Hearing
To assess the amount and credibility of evidence against you, there will be a preliminary hearing in one of Somerset County's municipal courts. The judge expects you to be present and will indict you if all the evidence suggests you could be a genuine stalker.
Plea Deal
If you're indicted, a couple of options are available to you. One is a plea deal, meaning that you'd have a lesser charge on your record and a say in your penalty. Not only would your criminal record look less serious, but you could avoid the time and stress of going through a trial.
However, a plea deal also eliminates your right to appeal. If you insist on your innocence and believe you can prove it with the help of the Lento Law Firm Criminal Defense Team, you may want to proceed differently.
Superior Court Trial
Your other option is to undergo a superior court trial at a courthouse in Somerset County. The Lento Law Firm Criminal Defense Team would advocate for you against a judge and jury, who would review any new and existing evidence to decide whether you're guilty. If the jury convicts you, the judge will pass down a sentence.
Appeal
By proceeding to a superior court trial, you maintain your right to appeal within 45 days of receiving the verdict. If approved, your case will move to the Appellate Division of Superior Court, where the Lento Law Firm can continue defending you and pushing to have the verdict changed or dismissed.
Penalties for Stalking in Somerset County
New Jersey doesn't categorize criminal charges as other states do. Instead, misdemeanors are called disorderly persons offenses, and felonies are known as indictable offenses.
Since stalking is an indictable offense, it promises hefty penalties that could impact you for years, with the severity depending on the degree of the offense.
Fourth Degree
A fourth-degree stalking charge in Somerset County suggests that it's either your first conviction or that nothing more egregious occurred. It may come with these penalties:
- Probation
- Up to 18 months in jail
- Fines up to $10,000
Third Degree
More serious than a fourth-degree offense, a third-degree offense indicates that you may be a repeat offender. It could also mean that you have violated restraining orders or parole or probation from federal crimes. You could expect these penalties:
- Probation
- Three to five years of jail time
- Fines up to $15,000
Both degrees can trigger other complications for you as well. For instance, you may find that some of your relationships change or fizzle out entirely because people feel less comfortable around you. Also, some employers might be wary about hiring someone with an indictable offense, especially a stalking conviction. Landlords sometimes refuse to lease housing to such individuals.
In other words, a stalking conviction isn't just words on a paper. It can a real and tangible effect on your life. Get the Lento Law Firm to help you deal with an accusation or appeal.
Why Should You Hire the Lento Law Firm?
New Jersey's stalking laws offer far more support to accusers than the accused, so you need a powerful advocate on your side. Call the Lento Law Firm to have them help you navigate the court proceedings in Somerset County. There are several reasons why you should trust them.
They'll Find the Truth
Many stalking cases aren't as open-and-shut as they seem, so you need a defender who will look beyond the surface to figure out what's truly happening and use that to defend you. For example, if your accuser simply misunderstood you or wants to get you in trouble for their own benefit, the Lento Law Firm Criminal Defense Team will present those facts to the court and prove your innocence.
The Value You as a Person
The Lento Law Firm doesn't just see a troublemaker when they defend you. They view you holistically as a person with intrinsic value, understanding that you're a sum of many parts and that the context of your case matters. With them on your side, you'll be humanized in the eyes of the court.
They've Earned Nationwide Respect
Plenty of law firms try to dig deep into a case and present their clients as whole, complex people, but not all of them do it well. The Lento Law Firm, on the other hand, has received national recognition for their work, appearing in numerous media outlets celebrating their victories and diligence. They have the right skill and dedication to protect you.
They're Familiar With the Pretrial Intervention Program
Some offenders deserve the chance to move on from an accusation or conviction peacefully and with no further interruptions to their life. That's why New Jersey offers the Pretrial Intervention Program (PTI). Since it can help tremendously in keeping you eligible for jobs and housing, you need an advocate who's familiar with it—like the Lento Law Firm Criminal Defense Team.
These are the qualifications you must meet for the program:
- You've been convicted of an indictable offense or disorderly person office involving domestic violence.
- You have not been previously convicted of restraining order violations or non-criminal offenses.
- You obtain approval from the Somerset County prosecutor if your record does contain prior convictions.
- You haven't done the PTI program or anything like it elsewhere in the United States.
If you qualify, you must complete six to three years of counseling while under a county probation officer's supervision. In Somerset County, you would have to stay in contact with your probation office at the following address:
Somerset County Probation Office
20 N. Bridge St.
Somerville, NJ 08876
When the program ends successfully, you're no longer subject to probation, and your criminal record won't contain the stalking conviction.
Fight Stalking Charges in Somerset County
Don't let a stalking accusation become a conviction that follows you around Somerset County and beyond. You deserve the strongest defense possible so that you can maintain your reputation, career, housing, and relationships. Fight for your right to move on with your life by contacting the Lento Law Firm Criminal Defense Team at 888.535.3686 or filling out this online form.
