Some people see shoplifting as a harmless crime, but a shoplifting conviction could lead to jail time, fines, and a criminal record that follows you for years. Here are some frequently asked questions and answers our shoplifting lawyer gets about shoplifting in New Jersey:
What Is The Penalty For Shoplifting in New Jersey?
Shoplifting may be charged as either a disorderly persons offense or an indictable offense in New Jersey. The penalties for a shoplifting conviction start with a fine and up to 6 months in jail for stealing goods worth up to $200. The penalties get harsher in relation to the value of the items stolen.
Shoplifting is charged as:
- Disorderly person offense: up to $1,000 fine and up to 6 months in jail for goods worth up to $200.
- Fourth-degree offense: up to $10,000 fine and up to 18 months in jail for goods worth $200-$500.
- Third-degree offense: up to $15,000 fine and up to 5 years in prison for goods worth $500-$75,000.
- Second-degree offense: up to $150,000 fine and up to 10 years in prison for goods worth more than $75,000.
Can I Get My Shoplifting Charge Dismissed?
An experienced criminal defense attorney can sometimes get shoplifting charges dismissed. If the item that was allegedly stolen was of such small value that a prosecution is not worth the court’s time, an attorney can ask the judge to dismiss the case. In other cases, store employees or security guards may fail to appear in court. The judge will set a second court date, but if your accusers fail to show up a second time, your attorney may be able to get the case dismissed. If there are problems with the prosecution’s case, your defense attorney should point them out and may be able to negotiate a dismissal of the charges.
What Can I Get My Shoplifting Charge Downgraded to?
For a defendant charged with shoplifting who does not have a criminal record, a defense attorney may be able to have charges reduced to a violation of a municipal ordinance. The charge would be reduced as part of a plea bargain, requiring you to plead guilty to the lesser charge. But the conviction of violating a municipal ordinance does not lead to jail time, and there’s no criminal record afterward. Whether to accept a plea deal is always the defendant’s decision. Your attorney should advise you about the probable outcome of your case.
I Was Charged with Shoplifting. What Will Happen on My Court Date?
If you are arrested and held, you will first appear in court for an arraignment. This is when you are formally charged and must enter a plea. At an arraignment, the person accused normally pleads not guilty. The terms of release and a trial date are set. If your defense attorney does not get the charges dismissed and you must go to trial, you may plead guilty or not guilty. You would plead guilty if your attorney has arranged a plea bargain, which would mean you have agreed to a specific penalty. If you plead not guilty to shoplifting, the prosecutor will present the case against you and your attorney may challenge the prosecutor’s evidence and then present any evidence that would help to exonerate you. The court will then issue a verdict.
What Happens if a Minor is Charged with Shoplifting in New Jersey?
New Jersey courts treat minors, or juveniles, differently from adults. In most cases, juveniles are tried in Family Court, where penalties can still result in detention. But New Jersey also offers a variety of diversion programs for young people charged with shoplifting, including the Juvenile Conference Committee, Intake Services Conference, and the Juvenile Referee. If a juvenile agrees to undergo counseling, perform community service, or make restitution and completes all requirements, a shoplifting charge can ultimately be dismissed. To achieve the best possible outcome for a juvenile charged with shoplifting, it is imperative to consult a juvenile defense attorney experienced in New Jersey Family Court.
What Must the Prosecutor Prove to Convict Me of Shoplifting?
To gain a shoplifting conviction in New Jersey, a prosecutor must prove the defendant:
- Was seen approaching merchandise
- Selected the merchandise
- Carried away, concealed, or converted the merchandise (changed the price tag or other indication of value)
- Was continually observed by the merchant or another witness
- Failed to pay for the merchandise
- Was approached by the merchant or a security officer outside the store.
The prosecutor must prove beyond a reasonable doubt that the individual charged is guilty of shoplifting. An experienced shoplifting attorney will seek to challenge the evidence offered by the prosecution to prevent the prosecutor from establishing guilt.
Can I be Charged with Shoplifting Even if I Did Not Take Merchandise?
The term “shoplifting” refers to five different illegal acts under New Jersey law, not all of which require removing merchandise from a store. A person may be charged with shoplifting for:
- Purposefully taking merchandise without paying for it
- Concealing merchandise
- Converting merchandise such as altering or transferring a price tag
- Transferring merchandise to another container
- Under-ringing merchandise, charging less than the actual price.
What Happens if I Accidentally Walked Out of the Store With an Item?
If you took an item from a store without paying and it was truly an accident, you may be able to avoid a shoplifting conviction if your attorney can persuade the prosecutor or judge of your lack of intent. The best scenario would be that you had turned around and were headed back to the store when confronted by employees or security. Further, because of the continual observation required to convict a defendant, a retelling of your actions in the store – failure to conceal the item, lengthy browsing after selecting the item – could be persuasive of your lack of intent.
What Happens if I Get Caught Shoplifting and They Let Me Go?
If you are caught after having actually stolen from a store and let go, you should be thankful and never return to that store. However, you may not be out of the woods. If the store management or security officer can identify you and find your contact information, they could still have you charged with shoplifting, especially if they have security camera footage of your actions in the store. You may receive a summons in the mail, which you should not ignore. If you receive a summons, you should contact a criminal defense attorney immediately to review the matter and advise you.
What is the Statute of Limitations for Shoplifting?
The statute of limitations on filing a shoplifting charge in New Jersey is either one year or five years, depending on the charge. The time limit is one year for a disorderly persons offense (goods valued at less than $200) and five years for a shoplifting offense charged as an indictable offense (goods valued at more than $200).
I received a civil demand letter after shoplifting. Do I have to pay the amount demanded?
No, you do not have to pay a civil demand letter sent to you by a store you have allegedly stolen from. But you may face charges if you don’t, so you may benefit from agreeing to some amount of restitution. Large department stores may identify more shoplifters through video surveillance than personal interaction. Their response is to send letters threatening criminal charges. The letters are legal, and stores may demand payment for stolen goods plus damages associated with the loss. But their demands are not binding. An attorney may be able to negotiate a reasonable payment or help you fight a shoplifting charge.
How Do Shoplifting Charges Work?
There are two different types of shoplifting charges that a person may face, defined as theft under the New Jersey criminal code. The details of these charges can change from state to state, but many of the same rules apply.
The lesser shoplifting charge, petty theft, can occur when a person takes a small-value piece of property, such as a movie or some food. These charges typically only deal with property under a certain value.
The more serious allegations come when the stolen item’s value exceeds this maximum petty theft value. If a person steals something or a number of items exceeding the petty theft value, they may be charged with grand theft. These charges often carry severe mandatory sentencing if a person is convicted.
How Can You Fight Shoplifting Charges?
The criminal justice system is complex and often confusing for many people. It’s common to rely on a legal advisor to help if charged with petty or grand theft crimes. Arrests for shoplifting usually only occur after some physical evidence of theft has been uncovered, making these allegations particularly tough to fight.
If you’ve been charged with shoplifting, you could be facing anywhere from probation through jail; shoplifting can be graded as a disorderly person’s offense which will be heard in municipal court or it can be graded as a fourth-degree or a third-degree or even a second degree depending on the value of the items that were taken. In order for the state to prove that you’ve committed shoplifting, they have to prove that you have passed all point-of-sales and that you intended to take that merchandise without paying for it. If you’ve been charged with this crime, contact an attorney immediately to defend you against these charges.
If you’re facing shoplifting charges and aren’t sure about what next steps to take, I may be able to help you. Contact me today to schedule a free case evaluation. Once I have learned about your situation I can explain the options available.
What To Do If Your Child Was Caught Shoplifting
First and foremost, remain calm. Most prosecutors acknowledge the difference between impulsive shoplifting for an inexpensive item from a felony shoplifting arrest.
If your daughter is arrested for shoplifting, the best course of action is usually to seek the counsel of an experienced New Jersey criminal defense attorney. An experienced lawyer can immediately begin representing your daughter and protecting her interests against the state.
Unfortunately, many times parents believe that if they call the prosecutor’s office and explain that this is the first time their daughter has been arrested, that the prosecution’s office will simply dismiss the case. Usually, this is not the best course of action.
Prosecutors are usually willing to speak to a criminal defense attorney, as it’s typically necessary during any criminal proceeding. As a criminal defense attorney with more than 15 years of legal experience, my job will be to speak with the prosecution’s office to understand their thoughts and objectives. I have a wealth of experience and knowledge concerning how shoplifting cases are typically handled. I will use this experience to seek the best possible outcome based upon how the prosecution’s office has handled similar cases.
Before speaking with the prosecution’s office, I will want to fully understand the circumstances relating to the case. Often the case of the prosecution may be weak. They may not have any eyewitnesses who want to be involved. There may be other facts that cast doubt on whether they can prove the charges beyond a reasonable doubt.
In these cases, it may be more advantageous to pursue having the charges dropped entirely. If the prosecutor won’t drop the charges, pursuing a plea bargain is another option. Once I know about the facts and circumstances, I can offer legal advice and strategy on how to proceed.
Can I get my New Jersey Shoplifting Conviction Expunged?
If you have not been convicted of more than one indictable offense, you may eventually be able to have a shoplifting conviction expunged from your record. For a disorderly persons shoplifting offense (valued at less than $200), the waiting period is five years. For an indictable offense (valued at more than $200), the waiting period is six years. Expungement is a complex process that requires many documents. You will likely need an attorney to help you compile and submit the application to have your record expunged. A knowledgeable criminal attorney can help you seek an expungement if you are eligible.
