The Gateway National Recreation Area is located in Sandy Hook, in Monmouth County, New Jersey. Since it is federal property, any criminal conduct which occurs at Sandy Hook results in a federal criminal charge. This requires that the matter be defended in the United States District Court in Newark, even if the charges are normally be considered minor, such as disorderly persons offenses, including the charge of lewdness.
Since nude bathing is permitted on Gunnison Beach in Sandy Hook, there is a high incidence of sexual activity as a result. Federal park rangers relentlessly scan the area for sexual conduct, using binoculars to focus on individuals in order to observe their actions.
Federal rangers, upon observing what they perceive to be sexual conduct, will issue a Violation Notice charging an individual with Public Lewdness, pursuant to Code of Federal Regulations Section 36 C.F.R. 7.29c, a federal crime. To be found guilty of federal public lewdness at Sandy Hook, the government must prove that a person intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act in a public place. These charges carry possible jail time, fines and penalties, and federal probation. Further, federal criminal charges cannot be expunged. Because of these possible ramifications, and the effect that a conviction may have on your employment and your life generally, it is important that you hire an experienced criminal defense attorney to fight for your rights in court.
The criminal lawyers of Schwartz & Posnock will aggressively defend you should you choose to proceed to trial. Defenses to a lewdness charge include the fact that an incident may have occurred not in a public place, but in an isolated area. Another possible defense is that accused person was clothed, and thus did not expose himself. We will vigorously fight for your rights at trial, cross-examining the federal ranger and his alleged observations, and presenting witnesses on your behalf. Further, should you choose to resolve the case by way of a negotiated plea agreement, we will work to reduce your charges to a disorderly conduct offense, which carries lesser consequences than the federal charges.
Experienced New Jersey and Federal Defense Attorneys Schwartz & Posnock have handled numerous lewdness charges. Our firm has represented individuals in criminal cases originating in Sandy Hook and other federal properties in the United States District Courts for over thirty years. We have a proven track record of excellent results for our clients. Please contact us at our conveniently located Monmouth County office, located in Eatontown, our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case.