Harassment and Stalking Laws in New Jersey

Harassment — communicating anonymously, at inconvenient hours, or in offensively coarse language; striking, kicking, shoving or other offensive touching; or a course of alarming conduct, done with purpose to harass — is a petty disorderly persons offense, raised to a crime of the fourth degree if the person was on probation or parole or serving a sentence for an indictable offense, or targets a judge over the judge's official duties (§ 2C:33-4). Online harassment is called cyber-harassment: a crime of the fourth degree, and a crime of the third degree if an adult 21 or older impersonates a minor to cyber-harass a minor, or the victim is a public servant or a public servant's family member (§ 2C:33-4.1). Stalking — purposely or knowingly engaging in a course of conduct (by any action, method, device or means) directed at a specific person that would cause a reasonable person to fear for their safety or a third person's safety or suffer other emotional distress — is a crime of the fourth degree (up to 18 months) (§ 2C:12-10(b)). Stalking becomes a crime of the third degree (3 to 5 years) if it violates an existing court order, is a second or subsequent offense against the same victim, or is committed while in prison or on parole or probation for an indictable offense (§ 2C:12-10(c)-(e)).

New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1

Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.