Shoplifting is something that many people think of as a harmless, minor crime that is often committed by teens. However, New Jersey law treats this offense very seriously. In fact, a conviction for this crime can lead to steep fines and community service, as well as jail time. Moreover, it will leave your record with a shoplifting conviction, which can make it difficult to find a job or get into school in the future. This is why it is important to contact a knowledgeable shoplifting attorney near me if you have been accused of shoplifting. This article will discuss some of the best ways to defend against shoplifting charges in New Jersey.
What Is Shoplifting?
In New Jersey, shoplifting is defined as taking merchandise from a store without paying for it. It can include a variety of activities, including concealing items, altering price tags, and transferring items from one container to another. The penalties for shoplifting depend on the value of the allegedly stolen items. The more expensive the items, the harsher the penalty.
Additionally, a person can be charged with a more serious offense if they commit multiple shoplifting offenses within a certain period of time. For example, if a person steals $150 worth of merchandise from five different stores in one afternoon, they could be charged with a third-degree crime, which is punishable by up to 3 years in prison and a substantial fine.
As with other types of theft, a person can be detained by police on suspicion of shoplifting if the officer has probable cause to believe they have concealed merchandise in their possession that they did not pay for. This includes having the merchandise on their person or in their car, and it can also include hiding merchandise behind a customer at a check-out counter.
A good shoplifting attorney near me can help you to fight these charges by challenging the prosecution’s evidence. For example, if the police report or complaint misreports the value of the merchandise or misses other key details, then your shoplifting attorney near me may be able to challenge the credibility of this evidence and get it excluded from trial. Your shoplifting attorney near me can also fight for your right to a fair and impartial trial.
Another way to attack these charges is to demonstrate that you did not have the intention of stealing when you took the merchandise. Under New Jersey law, the prosecution must prove intent, and if you can demonstrate that you did not intend to steal when you took the merchandise, then all charges should be dismissed.
Depending on your criminal history, you may be eligible for a diversionary program like Pre-Trial Intervention (PTI). This is an excellent opportunity to keep your record clean and avoid a shoplifting conviction. A good shoplifting attorney near me can help you to apply for PTI and ensure that the process is handled correctly. They can also help you to seek expungement as soon as possible after you complete the program.
New Jersey law defines shoplifting as the act of taking merchandise from a store without paying for it. This offense has a number of serious penalties, including fines, community service and jail time. It also results in a criminal record that can impact employment, housing and educational opportunities. For these reasons, anyone who has been arrested for shoplifting should contact an experienced shoplifting attorney near me immediately.
The penalties for shoplifting are based on the value of the stolen merchandise. The less the value, the less serious the crime. If the merchandise is valued at less than $200, the charge will be a disorderly persons offense. If the value of the stolen merchandise is between $200 and $500, the offense upgrades to a fourth degree indictable offense. A conviction can lead to up to 18 months in state prison and fines up to $10,000.
If the stolen merchandise is valued at more than $75,000, it becomes a second degree offense and the person faces up to five years in state prison and a fine of up to $150,000. The state also has the right to seek civil demands against the accused person from the retail establishments in which the shoplifting occurred. Civil demands are typically issued by large retailers, and it is best to have a criminal defense lawyer review these before responding.
A skilled criminal defense lawyer can use a variety of strategies in New Jersey shoplifting cases. These may include challenging the accuracy of security cameras and examining the actions of store employees. In many instances, an experienced shoplifting attorney near me can have the charges downgraded to a lesser crime or dismissed altogether.
The most common form of shoplifting involves concealment of merchandise. This is a very broad definition and encompasses hiding items on one’s body, obscuring the item with clothing or other means, and possessing the intent to steal the merchandise. This is often charged if a person removes a tag or label, alters an item, under rings products for themselves or others, or moves merchandise to another container.
A skilled New Jersey shoplifting attorney near me can argue that there is no proof of intent to steal the merchandise. If the criminal defense lawyer can prove that there is no proof of intent, then the crime could be downgraded to a disorderly persons offense. A shoplifting attorney near me can also fight the aggregation of multiple low-level shoplifting crimes into a single high-level crime, which leads to higher penalties. This can be done by arguing that the items in question are the same. If the crime is a felony, a New Jersey shoplifting attorney near me can argue that it is part of an organized retail theft enterprise and therefore deserves elevated punishment. They can also fight the addition of any other charges associated with the incident.
In New Jersey, a conviction for shoplifting can have serious and long-lasting consequences on your life and family. It can also have a negative impact on your ability to get certain jobs and may even cause problems with your immigration status. In addition to the legal penalties you could face, stores that were victims of shoplifting can file civil penalties and restitution demands against you. Defending shoplifting cases in New Jersey requires knowledge of the law, skill negotiating with prosecutors and experience getting charges dismissed. The right shoplifting attorney near me can make a huge difference in the outcome of your case.
Shoplifting is a general term that covers many actions involving the theft of merchandise. It can include anything from taking merchandise without paying for it or withholding payment, hiding items on your body or in your clothing; altering or transferring price tags to other products; and under-ringing items at checkout. Shoplifting charges can be a felony or disorderly persons offense, depending on the value of the merchandise stolen or attempted to be stolen. A second or subsequent shoplifting offense may result in increased charges and penalties, including higher fines and more jail time.
Regardless of the severity of the charge, a criminal record for shoplifting will affect your employment opportunities, housing options and your social standing. It can also have an impact on your immigration status, especially if you are not a United States citizen.
If you have been accused of shoplifting, you need to consult an experienced New Jersey criminal defense lawyer as soon as possible. Your shoplifting attorney near me can thoroughly review your case and help you develop effective strategies to fight the charges against you. They will be able to explain your rights and your legal options, as well as fight for a dismissal of the charges.
A good defense strategy for shoplifting charges includes challenging the evidence that is being used against you. For example, your shoplifting attorney near me can challenge the store’s video surveillance or security footage to see if it is legally admissible in court. If the video is not clear enough to support the charges, your shoplifting attorney near me can make a motion for suppression of the evidence.
Another strategy is to try to get your charges dismissed through a diversionary program. New Jersey offers several diversionary programs, including conditional dismissal and pre-trial intervention (PTI). These programs are designed to rehabilitate offenders and keep them out of the criminal justice system. Your shoplifting attorney near me can advise you on your eligibility and assist you in applying to these programs.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311