Jersey Shore Shoplifting Defense Attorney
The Jersey Shore is known nationwide as a shopping destination. So, it should come as no surprise to know that, every day in the Jersey Shore, people get charged with shoplifting from local shops. If you face shoplifting charges, you should seek help from an experienced and dedicated Jersey Shore shoplifting attorney immediately.
The Law Office of Jason A. Volet has the background and legal knowledge to fight your shoplifting charges and keep them from turning your life upside down. We have built a statewide reputation for dedication to our clients. We will know how to aggressively and effectively defend you. If you have been arrested for shoplifting on the Jersey Shore, contact us today to discuss your case.
What Happens If You Get Caught Shoplifting in Jersey Shore?
If you get accused of shoplifting on the Jersey Shore, you should expect a store security guard or loss prevention officer to approach and question you. They should timely identify themselves to be a store representative and detain you to ask you questions about the alleged shoplifting and, possibly, review security camera footage with you. The store security guard or merchant has the right to detain you for only a reasonable time while waiting for the police to arrive and take you into custody.
What Are the Different Degrees of Shoplifting Offenses?
Under N.J.S.A. 2C:20-11, shoplifting offenses in New Jersey are categorized by degree based on the value of the allegedly stolen. The more valuable the merchandise you are accused of shoplifting, the more severe charge you face. The different degrees of offense depend on whether the shoplifting merchandise is worth:
- $75,000 or more — Second-degree crime
- $1,000 or more and taken as part of an organized retail theft enterprise — Second-degree crime
- Between $500 and $75,000 — Third-degree crime
- Less than $1,000 and taken as part of an organized retail theft enterprise — Third-degree crime
- Between $200 and $500 — Fourth-degree crime
- Less than $200 — Disorderly persons offense.
What Are the Penalties for Shoplifting in Jersey Shore?
The penalties for shoplifting on the Jersey Shore vary based on the degree of the shoplifting charge. The potential shoplifting penalties include:
- Second-degree shoplifting — Up to 10 years in prison and a fine of up to $150,000
- Third-degree shoplifting — Between three to five years in prison and a fine of up to $15,000
- Fourth-degree shoplifting — As many as 18 months in prison and a fine of up to $10,000.
The penalty for a disorderly persons shoplifting offense depends on how many times you have been convicted of the same charge. The penalty for a first conviction is at least 10 days of community service. It goes up to 15 days of community service for a second conviction. You will get at least 25 days of community service and 90 days in jail for a third conviction.
How Long Does a Jersey Shore Shoplifting Charge Stay on Your Record?
A Jersey Shore shoplifting charge stays on your criminal record for the rest of your life unless it is expunged. Generally, to get a conviction expunged from your record in New Jersey, you must:
- Pay all your fines.
- Have no pending charges against you.
- Wait five years after being charged with a disorderly persons offense, or 10 years after being charged with any other shoplifting offense.
- File a request for expungement with the New Jersey court system.
The expungement process can be complicated, but an experienced criminal defense lawyer can guide you through your options.
You may also be able to prevent a shoplifting charge from appearing on your criminal record by completing a Pretrial Intervention program. This program is for first-time offenders charged with a second-, third-, or fourth-degree crime in New Jersey. If you go through Pretrial Intervention, you can get your charges dismissed. However, you will have to agree to one to three years of probation with conditions such as random urine testing.
How Does a Jersey Shore Business Prove a Shoplifting Charge?
In New Jersey, several types of acts are considered to be “shoplifting.” Those acts include:
- Taking merchandise out of the store without paying for it
- Concealing merchandise while still in the store
- Altering, transferring, or removing price tags in an attempt to pay less than the full value for the item
- Moving merchandise from one display to another in an attempt to pay less than full value
- Ringing up merchandise at less than full value to help someone else pay less for it.
If the store catches you on camera appearing to do any one of those things, or if an eyewitness such as a store employee or loss prevention officer identifies you, the store may have a strong case against you for shoplifting.
New Jersey considers possession of concealed merchandise to be prima facie evidence of shoplifting, so if you’re caught with concealed merchandise in your possession, it may be hard to avoid conviction.
What Can a Jersey Shore Shoplifting Defense Attorney Do To Help Me?
A Jersey Shore shoplifting defense attorney can help you by:
- Investigating your case and determining if there are any weak spots in the case against you, such as blurry surveillance footage or violations of your legal rights.
- Negotiating with the prosecutor to get charges reduced or dismissed
- Getting you into the Pretrial Intervention program.
- Defending you from the charges in court.
- Arguing for a lighter sentence if you are convicted.
- Helping you get your court record expunged after a conviction.
What Is the Statute of Limitations for a Shoplifting Charge in New Jersey?
The statute of limitations for shoplifting in New Jersey is one year for a disorderly persons charge and five years for a second-, third-, or fourth-degree shoplifting charge. What does this mean? If the deadline has passed, the state can no longer prosecute you on a shoplifting charge.
Contact a Jersey Shore Shoplifting Attorney Today
Shoplifting might seem like a relatively minor criminal charge. However, a shoplifting conviction can cause you a lot of problems in the short term and long term. Along with fines, community service, and possible imprisonment, you may also have trouble down the road with getting a job or finding an apartment if you have a criminal conviction on your record.
The Law Office of Jason A. Volet has substantial experience defending against shoplifting charges in Jersey Shore and throughout New Jersey. We will do everything we can to seek an acquittal or a dismissal, and we will always do everything in our power to make sure these charges don’t disrupt your life any more than necessary. If you have been charged with shoplifting on the Jersey Shore, contact us today and learn more about how we can help you.
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