Client Avoids Prison, Megan’s Law & Parole Supervision in New Jersey
Proetta, Oliver & Fay was retained to represent an individual who, when reentering the United States through JFK Airport following a two month vacation in Pakistan, his native Country, was taken into custody on what he learned first time was an active warrant. Based on the warrant, he discovered that he was being charged with several sex related offenses from an alleged incident that took place back in 2018. Since he was apprehended while reentering the United States through JFK airport was originally taken to and detained at Rikers Island pending an extradition hearing. Once his extradition hearing was concluded, he was extradited back to New Jersey and logged in the county jail. We were able to secure he release on bail, pending trial the very next day. Upon speaking to our client and obtaining the initial discovery, we knew we were dealing with not only very serious allegations, but allegations that also happened to be the new hot topic. The underlying allegations made by the victim in the case are as follows. According to the victim, our client was posing as an Uber driver outside a popular bar in NYC. She alleged that he approached her and convinced her that he was there to give her the ride she requested, which was to Newark Liberty Airport. The victim further alleged that while inside his vehicle, he drugged her, which caused her to be disoriented and confused. The next thing the victim alleged she remembered was that once she came too, she was inside a local motel room and that she was sexually assaulted by our client.
Defendant Avoids Decades in New Jersey State Prison on Sexual Assault Allegations
Once we were able to obtain the discovery in this case, it was obvious that a very extensive investigation was conducted. There was a tremendous amount of discovery compiled. Some of the discovery included but was not limited too: countless hours of surveillance footage from not only the bar in NYC but the motel as well; forensic evidence, including DNA; numerous witness statements and a statement from our client. After going through the discovery, we were able to uncover some serious legal hurdles that the prosecution would have to overcome in order to obtain a conviction in this case. After countless back and forth negotiations with the prosecution, we were able to secure a plea deal that allowed for our client to not only avoid being incarcerated but also having to registering under Megan’s Law and be on Parole Supervision for life. At the end of the day, our client, who was facing up to twenty years in State Prison for an aggravated sexual assault charge, which is considered a first degree indictable offense (felony), was able to enter a plea of guilty to criminal sexual contact. Criminal sexual contact is a fourth degree indictable offense (felony). Unless the alleged victim is a minor, Megan’s Law does not apply to criminal sexual contact charges. The maximum punishment for this offense is 18 months in a State Prison. Our client was ultimately placed on a term of probation. This was a tremendous resolution for our client, considering his potential exposure.
Need to Speak to an Attorney about Rape Charges in Monmouth County
Aggravated Sexual Assault, is New Jersey’s version of rape. This is by far one of the most serious crimes under our criminal code. This is considered a first degree indictable offense in New Jersey. If convicted, a defendant would be facing anywhere from ten years to life in prison (Lunsford Act) depending on the circumstances surrounding the charges. In addition, anyone convicted of this offense would be placed on Parole Supervision as well as be required to register under Megan’s Law for the rest of their lives once they are released from custody. For more information on aggravated sexual assault charges in New Jersey, including what the prosecution must prove in order to obtain a conviction, please click the link. It goes without saying, that these types of allegations are not something to take lightly. If you or a loved one has been charged with aggravated sexual assault or is being investigated for same in Monmouth County, the Law Office of Proetta, Oliver & Fay can help. If you would like to speak to one of our Monmouth County criminal defense attorneys today, then please contact our office at 732.858.6959 or you can try contacting us online. We serve all of Monmouth County, including towns like Middletown, Highlands, Freehold, Asbury Park, Wall Township, Ocean Township, Manalapan, Belmar, Howell and Red Bank. If you have any questions whatsoever, please do not hesitate to contact us.
State v. M.K. (2020)
Here is what our client had to say about our services:
*Excellent Attorney* I found myself in a trouble for the very first time in life. I was facing very serious charges of attempted sexual assault/misconduct. Thanks God, my family hired Mr. Keith to represent me. Keith is an extremely competent attorney who has a deep insight about the judicial system. During our conversations, Keith was straightforward and honest about the potential outcomes of choosing to go on trial vs accepting a plea deal. Keith diligently reviewed the evidence and highlighted several flaws and weaknesses in charges, which were leveled against me. Keith worked tirelessly on my case and managed to secure a plea deal that included probation ONLY. The outcome of my case was a BIG win for me and for that I would be ever grateful to him. Keith was truly a blessing from God. Aside from being an expert litigator, Keith is very personable and caring. He responded to all my quires in a timely fashion.