Monmouth Mall Shoplifting Attorney

A shoplifting charge at Monmouth Mall could have consequences for your future. Facing those potential repercussions might seem frightening. However, you can protect your rights and future by working with a skilled and experienced shoplifting defense attorney.

At the Law Office of Jason A. Volet, we understand the nuances of New Jersey shoplifting laws and have extensive experience defending clients against retail theft charges. As a former Monmouth County Assistant Prosecutor and a Supreme Court of New Jersey-certified Criminal Trial Attorney, Jason A. Volet uses his unique insights from both sides of the courtroom to build strong defenses for his clients. Contact our office today to discuss your case in a confidential and free consultation.

Where Is Monmouth Mall Located?

Monmouth Mall sits at the intersection of Routes 35 and 36 in Eatontown, New Jersey, making it easily accessible to shoppers throughout Monmouth County. The 1.5-million-square-foot retail center has served the community since 1960 and features major retailers like Macy’s and Boscov’s. While the property is undergoing redevelopment to become an open-air shopping destination known as Monmouth Square, the mall continues to attract significant foot traffic and retail activity.

What Is Considered Shoplifting in New Jersey?

New Jersey law (N.J.S. § 2C:20-11) defines shoplifting as more than simply concealing merchandise and leaving without paying. The state recognizes several forms of retail theft, including the following:

• Concealment of merchandise — Hiding items in clothing, bags, or other containers with the intent to leave without paying.
• Price tag manipulation — Switching price tags or altering prices to pay less than full retail value.
• Package tampering — Transferring merchandise to different containers to avoid paying full price.
• Cart removal — Taking shopping carts from store premises without authorization.
• Under-ringing — When a cashier intentionally charges less than the proper price for merchandise.
• Merchandise alteration — Damaging or removing items from packaging to make them appear previously owned.

These actions can lead to serious criminal charges, regardless of the value of the merchandise involved. Whether the incident occurred at a major department store or a smaller retailer within Monmouth Mall, you will need experienced legal representation to protect your rights.

Can Monmouth Mall Security Legally Detain Me If They Suspect I Shoplifted?

When Monmouth Mall security personnel have a reasonable belief that shoplifting has occurred, they may legally detain individuals for a reasonable time to investigate the situation. However, these detentions must follow specific guidelines:

• The detention must last only as long as necessary for a reasonable investigation.
• Security personnel must use appropriate methods without excessive force.
• The questioning must occur in a reasonable location and manner.
• You maintain your right to remain silent and request a lawyer.

Our firm strongly recommends exercising your right to remain silent and contacting an attorney immediately if security personnel detain you. The statements you make while detained could affect your defense options.

What Are Possible Penalties for Shoplifting Charges at Monmouth Mall?

New Jersey bases shoplifting penalties on the total value of the allegedly stolen merchandise. The penalties include the following:

• Items valued under $200 — A disorderly persons offense carrying as long as six months in jail and fines as high as $1,000.
• Items valued between $200 and $500 — A fourth-degree crime with as long as 18 months in jail and up to $10,000 in fines.
• Items valued between $500 and $75,000 — A third-degree crime carrying three to five years in prison and fines as high as $15,000.
• Items valued over $75,000 — A second-degree crime with potential penalties of five to ten years in prison and fines up to $150,000.

Additionally, the court may require community service hours, ranging from 10 days for first offenses to 25 days for second offenses. Third and subsequent offenses carry mandatory jail time of at least 90 days.

Can You Get a Monmouth Mall Shoplifting Charge Dismissed or Downgraded?

Many shoplifting charges can be dismissed or reduced with proper legal representation. First-time offenders charged with higher-degree shoplifting may qualify for New Jersey’s Pretrial Intervention (PTI) program. This program allows eligible individuals to avoid conviction by completing specific requirements such as community service, counseling, or restitution payments. Our firm has substantial experience helping clients enter diversionary programs and achieve favorable outcomes in shoplifting cases.

What Are Some Possible Defenses for a Shoplifting Charge?

Several defense strategies may apply to your Monmouth Mall shoplifting case, including:

• Constitutional violations — The prosecution cannot use evidence obtained in violation of your rights.
• Lack of intent — You may have accidentally walked out with merchandise while distracted.
• Mistaken identity — Security personnel may have confused you with someone else.
• Improper detention — Security staff may have violated proper detention procedures.
• Mental health considerations — Certain conditions may affect your understanding of the situation.
• Ownership claims — You may have proof that you previously purchased the item.

As a former prosecutor, Jason A. Volet understands how the state builds shoplifting cases and knows how to identify weaknesses in their evidence. Each case requires a customized defense strategy based on specific circumstances and available evidence.

How Long Will a Shoplifting Charge Stay on My Record?

A conviction goes on your criminal record. In addition to the direct consequences of a conviction, a shoplifting conviction could carry collateral implications and affect your:

• Employment opportunities
• Housing applications
• Educational prospects
• Professional licenses
• Immigration status.

In New Jersey, a shoplifting conviction can remain on your criminal record indefinitely unless you clear it. For disorderly persons offenses, you may become eligible for expungement five years after completing all aspects of your sentence, including payment of fines and completion of community service. More serious shoplifting convictions may require longer waiting periods or not qualify for expungement.

Contact a Monmouth Mall Shoplifting Defense Attorney

A shoplifting charge can threaten your future. However, a skilled New Jersey defense attorney can help protect you from the harshest possible outcomes. The Law Office of Jason A. Volet brings unique qualifications to your defense, including:

• Certification by the Supreme Court of New Jersey as a Criminal Trial Attorney
• More than 19 years of criminal law experience
• Experience as a former Assistant Prosecutor in Monmouth County
• A deep understanding of both prosecution and defense strategies.

We focus exclusively on criminal defense, allowing us to stay current with the latest developments in New Jersey shoplifting laws and defense strategies. Our office represents clients in Eatontown Municipal Court and Monmouth County Superior Court. Contact us today for a free consultation about your Monmouth Mall shoplifting case.