New Jersey law prohibits taking merchandise from a store without paying for it. Many people do not realize that there are a variety of activities that can be considered shoplifting under the state’s laws. A person who is charged with shoplifting could face serious fines, community service, jail time and a criminal record that can negatively impact employment opportunities, housing and education. For this reason, anyone who has been accused of shoplifting in NJ should speak to an experienced New Jersey criminal defense attorney immediately.
The penalties for shoplifting charges vary based on the monetary value of the items involved. For example, a person who steals items worth less than $200 may be charged with a disorderly persons offense which can result in a fine of up to $1,000 and 6 months in jail. However, as the value of the items rises, so does the severity of the charge. If a person carries away merchandise with a monetary value of over $500, they will be charged with a fourth degree crime and could face up to 18 months in jail.
In some cases, prosecutors will be willing to downgrade shoplifting charges depending on the circumstances and the severity of the offender’s past record. For example, a first-time offender who does not have a record of theft offenses is likely to get the charges downgraded to a lower level of disorderly persons offense.
Concealing Merchandise is another common form of shoplifting under the state’s laws. This involves hiding unpurchased merchandise from view with the intent to deprive the store/owner of payment for it. For example, if someone puts a sweater in their purse or hides an electronic device in their bag as they are leaving the store, they could be charged with this type of theft.
Other activities that could be considered shoplifting include modifying or transferring the price tag or label on an item. This includes removing the original price sticker and replacing it with one that is significantly lower in value. It is also a violation of state law to use false identification to shoplift, which is defined as “forging, altering or counterfeiting an ID.”
A person who has been charged with shoplifting in New Jersey can be sued in civil court by the owners of the retail establishments where the incidents took place. In addition, the perpetrator can be liable for any damages that occur in apprehending and returning the stolen merchandise.
If you or a loved one has been arrested for a shoplifting offense, it is important to contact an experienced New Jersey criminal defense attorney right away. A lawyer will be able to help explain the charges and develop a strategy for fighting them. In some cases, a lawyer may be able to help the client gain entry into a diversion program that will allow the case to be dismissed. A conviction on a shoplifting charge can have lasting consequences that can affect employment, housing and educational opportunities for the rest of the individual’s life.
Shoplifting is one of the most common criminal offenses committed by individuals in New Jersey. While some people get lucky and escape with nothing more than a citation, others face criminal charges that can have long-term consequences on their lives. A conviction for a shoplifting offense can affect employment, immigration and more. If you have been charged with shoplifting in New Jersey, it is crucial to hire a knowledgeable attorney who understands the ins and outs of this offense.
In New Jersey, the severity of a shoplifting charge depends on the value of the merchandise allegedly stolen. If the items allegedly stolen are worth over $200, the crime becomes an indictable offense that will be heard in Superior Court and prosecuted by the County Prosecutor. However, if the items allegedly stolen are worth less than $200 or if the Prosecutor’s Office decides to remand the case to Municipal Court, then a shoplifting offense will be prosecuted as a disorderly persons offense by the municipal prosecutor in that town’s Municipal Court.
The penalties for a shoplifting offense include heavy fines, restitution, community service, up to six months in jail (if you are convicted of a fourth degree or higher shoplifting offense) and a criminal record. If you are a repeat shoplifter, then the consequences can be even more severe.
A person who has a conviction for a shoplifting offense will have a permanent mark on their record that will impact employment, education and immigration opportunities. Many employers avoid hiring applicants with shoplifting or theft related criminal records as much as possible. A criminal record for a shoplifting offense will also prevent you from applying to certain colleges or institutions of higher learning.
An experienced New Jersey shoplifting defense attorney can create a strong legal defense to have your charges downgraded or dismissed altogether. The key is to work with your lawyer and be completely honest about the circumstances surrounding your arrest so that he or she can create a sound strategy for your case.
Some of the most common defenses for shoplifting cases involve arguing that you didn’t intend to steal anything or that you did not intentionally conceal the item from the store. Other shoplifting defenses focus on proving that the incident was accidental. For example, you may have had a child with you or were distracted by a medical emergency and simply forgot to pay for the merchandise. Your lawyer will work hard to understand the details of your situation and use this information to create a solid shoplifting defense.
The crime of shoplifting may seem minor to some people, but that doesn’t mean that the consequences and effects of a conviction can be any less serious. Depending on the value of the items stolen, a person could find themselves facing any number of penalties. This is why it’s essential that anyone accused of shoplifting hire a New Jersey Shoplifting Lawyer as soon as possible to fight the charges against them.
New Jersey Law defines shoplifting as the unauthorized taking of merchandise from a store with the intent to deprive the owner/store of payment for that merchandise. Generally speaking, shoplifting is a disorderly persons offense (misdemeanor) or it can be elevated to a second degree crime, depending on the amount of monetary loss involved. In most cases, the state will aggregate the amounts associated with several shoplifting offenses to make the case more serious.
If you are a first time offender of the disorderly persons level shoplifting, you might be eligible for a diversionary program known as Conditional Dismissal (CDP). This program is essentially an “out” from the prosecution and if you successfully complete it, the charge will be dismissed. This is important because a conviction of shoplifting can have significant employment consequences and may also impact your immigration status in a negative way.
As a criminal defense lawyer, I have had many clients charged with shoplifting and I work to get these charges downgraded or even dismissed altogether. One of the main ways to do this is to ensure that there is no actual stealing and that the police officer has probable cause to believe the defendant committed the crime.
Another way to attack a shoplifting case is to look at any use of force during the incident. In the state of New Jersey, a trumped up shoplifting charge can be upgraded to robbery if there is any use of force or threat of force during the commission of the theft. This is particularly true if the suspect pushed away a security guard or a store employee in an attempt to escape the scene.
In addition, New Jersey shoplifting laws include what is called a “crime of moral turpitude.” This means that if you are not a citizen of the United States and you are convicted of shoplifting, it can have serious immigration consequences for you.
In the case of an alleged shoplifting offense, it is essential that you hire a qualified and experienced New Jersey Criminal Defense Lawyer as early as possible in order to build the strongest possible defense against the charges.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311