Invasion of Privacy
Invasion of Privacy Lawyer in Monmouth County
Smart phones and social media has really increased the number of invasion of privacy charges filed over the years. Whether you have been accused of photographing, video tapping or observing someone in a compromising position, it is imperative that you speak to attorney about your options. Understanding the allegations, the consequences and your options is absolutely crucial. As you will see below, invasion of privacy is either a third or fourth degree indictable offense. The consequences of which will certainly effect anyones life moving forward. Furthermore, anyone charged with invasion of privacy could also find themselves dealing with burglary, trespassing, endangering the welfare of a child and stalking charges as well as being served with a temporary restraining order too. These are all very serious charges and if not handled properly, could land someone behind bars for a long time.
Looking to Consult with a Lawyer for Invasion of Privacy Charge in Middletown
Proetta & Oliver is a Monmouth County based criminal defense firm that has been defending those accused of serious felony offenses like invasion of privacy in the county for almost a decade now. Our office has extensive experience dealing with the local courts throughout Monmouth County, including courts in towns like Howell, Tinton Falls, Holmdel, West Long Branch, Asbury Park, Belmar, Manasquan, Manalapan, Freehold and Red Bank. We fully understand what a felony conviction let alone a lengthy prison term can do to someones life. If you have any questions whatsoever, please do not hesitate to contact our office at 732.858.6959 or you can try contacting us online. We offer free initial consultations, so please do not hesitate to contact us with any questions. These are very serious charges and if not handled properly, they could have very devastating consequences.
How Serious is an Invasion of Privacy Charge in New Jersey?
Invasion of privacy charges have become more common over the years in courts throughout New Jersey, including throughout Monmouth County. NJSA 2C:14-9 is the governing statute in New Jersey for invasion of privacy charges. This offense seeks to prosecute those who either observes, photography’s, video’s or reproduces an individual’s intimate parts or in compromising position (sexual act). In addition, the observation must be done under circumstances where a reasonable person would not expected to be observed (i.e. not in a public place). If the individual observes as opposed to films or photography’s the incident, they will be charged with a fourth degree felony offense. However, if the individual films, photography’s or otherwise reproduces the image, then they will be charged with a third degree felony offense.
For the specific wording of the invasion of privacy statute in New Jersey, please click the link.
How to Defend an Invasion of Privacy Charge?
In order to be considered an “invasion of privacy” the “victim” must have been observed without their consent and under circumstances in which a “reasonable person would not expect to be observed”. A key area to look to exploit is whether or not a reasonable person would have not expected to be observed. Was the person committing the act in public? Was it does in place where people could frequent?
What is the Sentence for Invasion of Privacy Charges in NJ?
Invasion of privacy can either be considered a third or fourth degree indictable offense. If convicted of a fourth degree indictable offense, the individual is facing up to eighteen (18) months in State Prison and a fine not to exceed $10,000. If convicted of a third degree felony, the individual will be facing anywhere from three to five years in State Prison and a fine not to exceed $15,000. Depending on the individual’s criminal history, they may be eligible for the Pretrial Intervention Program (PTI). PTI is a diversionary program, whereby if the individual successfully completes the the program without violating any of the terms, the otherwise felony charges will be outright dismissed. For more information on the PTI program in New Jersey, please click the link. It is also important to note here that invasion of privacy is not an offense that is subject to Megan’s Law or Parole Supervision.
How to Post Bail on an Invasion of Privacy Case in NJ?
New Jersey has basically removed the ability for a loved one to post a cash bail and secure the release of an individual directly from the police station or the county jail. As of 2017, New Jersey now uses what is known as a risk assessment. Once an individual is charged on a Compliant-Warrant, they must be taken from the local police station to the County Jail, where they will remain until their Central Judicial Processing Hearing (CJP). Prior to that hearing, pretrial services will conduct a risk assessment and that assessment will be used by the County Prosecutor to determine whether or not they will agree to release the individual on bail at their CJP hearing or whether they will file for detention. If detention is filed for, that means that the prosecutor will be seeking to keep the individual detained in the county jail, without bail, pending trial. In order for this to occur, a formal hearing must take place. At that hearing, the Judge will hear arguments from both sides and it will ultimately be up to them to determine whether the individual can be released on bail conditions.
Need Attorney for Invasion of Privacy Case in Manalapan NJ
Invasion of privacy charges are very serious allegations and one that should not be taken lightly. If you have been charged with invasion of privacy, lewdness, false imprisonment, kidnapping, burglary, criminal trespassing, criminal restraint or any other offense for that matter in Monmouth County, the Law Office of Proetta & Oliver can help. Our office is well aware of the consequences that this offense can have one someone’s life. As such, we are dedicated to aggressively defending these types of allegations in order to achieve a desirable outcome. We serve all of Monmouth County, including towns like Hazlet, Keansburg, Marlboro, Neptune, Ocean, Long Branch, Wall Township, Asbury Park and Middletown. To set up an initial free consultation today, please contact us directly at 732.858.6959.