Freehold Shoplifting Defense Attorney

Are you facing shoplifting charges in Freehold, NJ? A conviction could have severe consequences, including steep fines, mandatory community service, and even jail time. Don’t make the mistake of trying to face these charges alone. A Freehold defense lawyer can protect your rights and fight for a favorable outcome on your behalf.

The experienced team with The Law Office of Jason A. Volet knows how to develop intelligent defense strategies for shoplifting cases. We can investigate your case, challenge the evidence against you, and work to have your charges reduced or even dismissed entirely. Contact us today for a free, confidential consultation to learn more about how we can help.

What Is Shoplifting in Freehold, NJ?

New Jersey law defines several specific actions that constitute shoplifting, including:

• Purposely taking possession of, carrying away, or transferring merchandise displayed, held, stored, or offered for sale by a merchant to deprive the merchant of its use or value
• Concealing merchandise on your person or elsewhere within a store to avoid paying for it
• Altering, transferring, or removing any label, price tag, or value marking on merchandise to avoid paying full price for the merchandise
• Intentionally transferring merchandise from one container to another within the store to avoid paying the full retail price for it
• Purposely removing a shopping cart from a store’s premises without the merchant’s consent
• Under-ringing merchandise, which means processing a sale at less than full retail value
• Using or possessing anti-shoplifting or inventory control device countermeasures within a store

Notably, state law presumes that anyone concealing unpurchased merchandise, either on the premises or outside of a store, intends to shoplift. If the police find merchandise concealed on someone’s person or among their belongings, it is considered evidence of purposeful concealment.

Additionally, the law states that police officers, security personnel, and merchants who have probable cause to believe someone is shoplifting or stealing can legally detain them for a “reasonable time” to recover the merchandise.

What Are the Penalties for Shoplifting in Freehold?

In Freehold, the penalties for shoplifting depend on the value of the stolen merchandise and the nature of the offense as follows:

• Second-Degree Crime – If the merchandise is worth $75,000 or more, or the theft is part of an organized scheme to shoplift items worth $1,000 or more, the offense is a second-degree crime. These offenses are punishable by up to $150,000 in fines and five to ten years imprisonment.
• Third-Degree Crime – If the merchandise value is between $500 and $75,000, or if the theft is part of an organized scheme to shoplift items worth $1,000 or less, it’s a third-degree crime. These crimes are punishable by up to $15,000 in fines and three to five years in prison.
• Fourth-Degree Crime – If the merchandise is worth between $200 and $500, the offense is a fourth-degree crime punishable by up to $10,000 in fines and up to 18 months in jail.
• Disorderly Persons Offense – If the merchandise is worth less than $200, shoplifting is considered a disorderly persons offense punishable by up to $1,000 in fines and up to six months in jail.

In addition to these penalties, anyone convicted of shoplifting must perform community service. For a first-time offense, the minimum is at least 10 days of community service. A second-time offense requires at least 15 days. A third or subsequent offense can result in up to 25 days of community service and a minimum of 90 days in jail.

Shoplifters are also subject to civil penalties in New Jersey. If the stolen merchandise cannot be returned in its original condition, convicted offenders must pay merchants the value of the merchandise, up to $500. All convicted shoplifters are also subject to a civil penalty of up to $150. Merchants can also sue for reasonable attorney’s fees and court costs if they bring a civil action and win.

Can Separate Shoplifting Charges Be Grouped Together?

Yes. New Jersey law explicitly states that prosecutors can aggregate or group together shoplifting charges under certain conditions.

For instance, if multiple acts of shoplifting occur as part of a single scheme, prosecutors can combine the value of the stolen items to determine the severity of the offense. This rule applies whether one person or several individuals participated. Similarly, prosecutors can combine charges if the thefts were part of an organized retail theft scheme. Combining these values can lead to more severe charges and penalties.

Will I Have to Go to Court If I Am Charged with Shoplifting?

You will likely have to go to court if you are charged with shoplifting in New Jersey. Minor offenses, such as disorderly persons offenses, typically require you to appear in municipal court. For more severe charges, like fourth-, third-, or second-degree crimes, you must appear in Superior Court.

During your court appearances, you will face arraignment, where you will enter a plea. If you plead not guilty, the case will proceed to pre-trial hearings and possibly a trial. A knowledgeable Freehold shoplifting defense attorney can help you through the court process and protect your rights every step of the way.

How Can a Freehold Shoplifting Defense Lawyer Help Me?

If you face shoplifting charges in Freehold, NJ, an experienced lawyer can significantly improve your chances of a favorable outcome by:

• Analyzing the evidence to identify any weaknesses in the prosecution’s case
• Challenging the legality of your arrest if law enforcement did not follow proper procedures
• Filing motions to suppress evidence obtained through illegal searches or seizures
• Negotiating with prosecutors to reduce the charges against you or seek a plea bargain
• Examining surveillance footage to determine if it accurately depicts the incident
• Interviewing witnesses who can provide testimony that supports your version of events
• Presenting evidence that you did not intend to commit shoplifting
• Demonstrating that you had a lawful reason for possessing the merchandise
• Arguing that the prosecution incorrectly assessed the value of the merchandise
• Raising doubts about the reliability of the store’s security measures
• Showing that you were mistakenly identified as the person who committed the offense
• Seeking alternative sentencing options, such as community service or diversion programs

Contact a Freehold, NJ Shoplifting Defense Lawyer

If you are facing shoplifting charges in Freehold, you need a knowledgeable, experienced, and reputable defense attorney. Take the first step toward protecting your future by contacting The Law Office of Jason A. Volet today for a free initial consultation.