We take the role of a New Jersey defense attorney in shoplifting cases very seriously. It is a serious crime that can have a long-lasting impact on your life and future career goals. Whether the charges are misdemeanor or felony, we can help you fight the case for your rights. It is important to know that we can create a strategy that may help you avoid jail time and other penalties, such as a criminal record.
Shoplifting is a theft offense and can be either a disorderly persons offense (misdemeanor) or a felony. The amount of the alleged stolen merchandise determines the degree of the offense. Felonies are punishable by a substantial fine, probation, community service and incarceration. A person can also be found guilty of shoplifting if they remove, transfer or alter any marking indicia on the merchandise that helps determine its value. This can include removing price tags, changing the price tag on a cheaper item, or tampering with the anti-theft device.
While in the past, shoplifting was viewed as a childish prank or even a teenage rite of passage, it has since become much more serious. Store owners and law enforcement have taken the issue very seriously and a conviction can lead to serious consequences, including prison time. As a result, it is crucial to have a forceful New Jersey criminal defense lawyer by your side to help fight the charges against you.
If you are a first offender, you likely won’t be placed in jail unless the amount of the alleged stolen goods was very high. In many cases, the court will instead sentence you to probation, community service and a fine. Those who have committed shoplifting three or more times, however, face mandatory jail time and a hefty fine regardless of the amount of the stolen merchandise. If you are not a United States citizen, shoplifting can have deportation implications and could be considered “a crime of moral turpitude.”
Our team is dedicated to providing our clients with the very best in legal representation. We will listen to your concerns and customize a strategy that is unique to your case. For more information, contact us today to speak with an experienced attorney.
When you are facing a shoplifting charge, the State has an obligation to provide you and your lawyer with all of the evidence against you in what is known as a discovery packet. This includes police reports, witness statements and many times, surveillance video. If the State fails to comply with this requirement, your attorney can file what is called a Holup motion to have the charges against you dismissed.
It is important to note that the store representative who signed the complaint against you must testify at trial. If this individual is unable to appear, it would be helpful to have an experienced attorney in your corner that could file what is known as a subpoena for the individual’s appearance in court. This could get the case thrown out much faster and allow you to move forward with your life.
Shoplifting is not only a crime, but it also has serious consequences if you are convicted of it in one of the courts in New Jersey. For instance, a conviction can prevent you from getting a job because many employers view people who have been convicted of shoplifting as untrustworthy. It may even cause you to lose your home, car, and other property. For these reasons, it is important to contact a skilled NJ Shoplifting Defense Lawyer to help you defend yourself against such charges.
As with most criminal charges in New Jersey, the degree of the shoplifting offense is based on the value of the merchandise that was taken. If the value is less than $200, the crime will be charged as a misdemeanor, which means that you can get a fine of up to $1,000 and you won’t have to spend any time in jail. The grading of the offense becomes more serious as the value of the alleged stolen goods rises.
If the merchandise is worth between $500 and $75,000, you will be charged with a third-degree shoplifting offense, which is punishable by up to five years in state prison. If the item(s) were valued at more than $75,000, then you will be charged with second-degree shoplifting, which is an indictable crime and carries a maximum prison term of up to 10 years.
In order to charge someone with a crime in New Jersey, the police must present evidence to a grand jury that is willing to indict. This is different than in some other states, where a police officer can simply decide to charge someone with a crime.
Because of this, there is a much higher standard for prosecution in a felony shoplifting case than in a misdemeanor or disorderly persons case. A prosecutor must be able to show that you actually took the items, and that you intended to take them without paying for them. This usually requires hard evidence, such as video footage of you approaching the merchandise and selecting it or concealing it in your coat or purse.
Shoplifting is a crime of dishonesty, and it carries significant penalties if convicted. But the crime is often dismissed or downgraded in pretrial hearings or by a plea bargain, and there are several common defenses that can be used against such charges.
The crime of shoplifting is governed by New Jersey law (N.J.S.A. 2C:20-11), and it can be charged as either a misdemeanor or a felony depending on the amount of value involved in the stolen property and any aggravating circumstances. It is important to consult with an experienced criminal defense attorney who can help to understand the exact charge level and its consequences.
Even though many people do not take this offense seriously, a conviction can have long-lasting consequences. It can be difficult to get a job if a conviction appears on your background check, and it could prevent you from getting into certain schools or colleges. If you have been charged with the offense, it is important to contact a New Jersey shoplifting defense lawyer to discuss your case.
Whether you are facing a misdemeanor or felony shoplifting offense, the prosecution will have to prove that you committed the theft by demonstrating that all of the elements of the crime were met. To do this, they will have to introduce evidence such as the police report, witness testimony, and video surveillance footage. Many of these pieces of evidence can be called into question or ruled inadmissible at trial, and an experienced shoplifting defense attorney will know how to use this to your advantage.
If you are found guilty of the offense, you will be subject to civil penalties as well. For example, the store where the alleged shoplifting took place may sue you for damages for any lost merchandise or additional costs incurred by the retailer to apprehend you. These civil penalties can include legal fees and fines imposed by the court.
The penalties for a shoplifting conviction can be significant, and it is important to contact an experienced New Jersey defense attorney immediately after being charged with this offense. The attorney will be able to review your case and provide you with custom-tailored legal advice based on the specific facts of your case.
If you are a minor and have been charged with shoplifting, the case will most likely be heard in Family Court. This system is distinct from the adult courts, and it means that your case will be heard by a judge instead of a jury. In addition, a juvenile conviction can affect your immigration status, making it harder to return to the United States in the future.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311