Sex Crimes Legal Questions

We have had success having people removed from the Megan's Law sex registration requirements. Given the 20 year period since the offense, we may be able to remove you from the registration requirement. Please call to discuss the specifics of your case. We can advise you if you are a candidate to be removed from the Megan's Law list. Ed Dimon 732-797-1600... Read Answer

First and perhaps most importantly, the charges would have to be brought by your parents as you are a minor.  As you may or may not know the age of consent in New York is 17 and therefore this is at the very least sexual misconduct on the part of your boyfriend.  It does not appear to rise to the level of statutory rape at this point.  Yes, I know you said that you consented, however, you cannot legally do this until you are 17 years old.  It would then be up to your parents if they want to report this to the police. ... Read Answer

Your daughter must work closely with the county prosecutor. The county prosecutor will bring the case against the person or persons who committed the sexual assault. Your daughter will not have issues with the statuteof limitations. In addition, the prosecutors office has a witness advocacy program. The witness advocacy program would be able to direct your daughter towards sources of therapy and counseling.we have just waited a very similar case.... Read Answer

You must pursue two parallel paths on behalf of your daughter. First path is to contact the prosecutors office and tell them that a crime has been committed. Prosecutors office willinvestigate the crime and, if appropriate, bringcriminal charges against the defendant. The second parallel path you will be taking is to reach out to DYFS to say that your daughter has been subject to abuse anf neglect. If you take these two actions, you will have two parallel investigations taking place.if the person responsible is charged by either DYFS or the prosecutors office, and you may be in a position to request damages.  Please call to discuss.... Read Answer

The devil is in the details. How old were you when you were assaulted? If you were under the age of 18,  the statute does not begin to run until you turn 18. If you were able to bring a civil action, then you would be bringing an action with your attorney. You would be responsible for proving  the case against the person that assaulted you. The cost for the attorney would be significant. ... Read Answer

The devil is in the details. Please email me the detailed plea-bargain. What charges are being dismissed? What are the charges to which the marine is pleading guilty? What is the sentence? Is there a Megan Law involvement ? D's are extremely serious charges. If the Marine had sex with a 14-year-old he would be spending a minimum of three years in state prison. We have done multiple cases of this nature. The key is whether or they had sex. please send details. I am available to discuss. Ed Dimon... Read Answer

The statute addresses the rights of victims under the age of 18. The victim has 5 years after turning 18 to complain to the police or 2 years after discovering the offense  'which ever is the later'. The statute is very broadly interpreted in favor of the victim so that the victim is always given 5 years or longer to come forward. The prosecutor utilizes the concept of 'after discovering the offense' to broaden the statute by holding that the victim did not understand that this was a crime. Ed Dimon... Read Answer

three difficult questions and three complex answers. 1. the avenel opinion will not have any impact. 2. the parole board is not involved in Megan's Law 'tiering' and not involved in whether you can or cannot be witha minor child. 3. this responsibility is with the Megan 's Law judge and probation. 4. these are 'fact sensitive' cases whic are difficult to win without an expert. 5. we have used wayne sager, the former director at avenel, as our witness. 6. we have been successful. ed dimon 732-797-1600 ext 235. please call... Read Answer

these areas of the law are most complex and there are no simple answers. 1. for example, the four year age differemce set forth in the statute is binding. if one party is four years and one day older, there is a violation of the statute. i had a case where the male was four years and 26 days older. he went to prison. 2. another example is the relationship between the parties. is one person the supervisor of another ? for example, a coach or teacher ? i had a case where the person was the religious teacher. he went to prison. 3. the 'conduct' or 'behavior' is also an issue  in that self touching for gratification may be sufficient for the conviction. one sees these cases involving the Internet. we have a person in prison who never touched the other party. Please call if we can help. Ed Dimon... Read Answer

there is not a simple answer. the statute requires a four year difference in age for there to be a violation of the 'sexual assault statute. however, one must be concerned with the 'endangering the welfare of child' statute which the prosecutor has the discretion to use if pressured by 'victim' and parents. the prosecutor has significant discretion to act in these situations. Ed Dimon, Esq. ... Read Answer

the parole of a sex offender is complicated. we have done five parole cases involving sex offenders and a specific strartegy is required to be successful. the 'flat five' is not the issue. this number sets the 'parole eligibility date' [PED] which gets shorter with the passage of time. the PED is also not determinative of parole. the key to success is having the Parole Board grant parole at the PED. this seldom happens. the key is meeting the 'needs' of the Parole Board. this is complex. we would like to help. please call ed dimon, esq. 732-797-1600... Read Answer

we work closely with the Parole Board. the 'parole eligibility date' is a moving target which gets shortened with 'credits'. however, the key to getting parole, especially for a sex crime, is preparing your file and you for the Parole Board. we have done five successful paroles for sex crimes. we did one last week. please call if we can help. ed dimon, esq. 732-797-1600 ext 235... Read Answer

the 19 year old needs an attorney. this is a crime and the consent of the 14 year old is not relevant. the statute and case law are clear. the 14 year old cannot consent. we have done many cases of this nature. please check our website for recommendations. please call to discuss. there is no charge. ed dimon, esq. 732-797-1600 ext 235... Read Answer