Shoplifting Attorney Plainfield, NJ

Shoplifting Attorney Plainfield, NJ

Don’t Let a Shoplifting Charge Tarnish Your Future: Your Comprehensive Guide to Fighting Shoplifting Charges in Plainfield, NJ

In New Jersey, shoplifting is considered a serious offense, carrying significant penalties that can impact your life in profound ways. If you or a loved one faces a shoplifting charge in Plainfield, New Jersey, understanding the intricacies of the law, potential consequences, and available defenses is paramount.

Understanding Shoplifting Laws in New Jersey: N.J.S.A. 2C:20-11

New Jersey’s shoplifting statute, N.J.S.A. 2C:20-11, defines shoplifting broadly to include various actions that involve the unlawful taking of merchandise from a store or other retail establishment. It covers actions beyond simply walking out without paying, such as:

• Taking merchandise without paying: The most common form of shoplifting involves removing items from a store without paying for them.
• Concealing merchandise: Hiding merchandise on your person or in a bag with the intent to steal it.
• Altering or removing price tags: Changing or removing price tags to pay a lower price for an item.
• Under-ringing items at self-checkout: Intentionally scanning items at a lower price or not scanning them at all at a self-checkout kiosk.
• “Switch-and-bait”: Switching the packaging or price tags of higher-priced items with those of lower-priced ones.
• Removing a shopping cart from the premises: Taking a shopping cart from the store’s property without permission.

Penalties for Shoplifting in Plainfield, NJ

The severity of the charge and potential penalties for shoplifting depend on the value of the stolen merchandise:

• Less than $200: Disorderly persons offense
  
  • Up to 6 months in jail
  • Fines up to $1,000
  • A permanent criminal record
• $200 to $500: Fourth-degree crime
  
  • Up to 18 months in prison
  • Fines up to $10,000
  • A permanent criminal record
• $500 to $75,000: Third-degree crime
  
  • 3 to 5 years in prison
  • Fines up to $15,000
  • A permanent criminal record
• Over $75,000: Second-degree crime
  
  • 5 to 10 years in prison
  • Fines up to $150,000
  • A permanent criminal record

Beyond Legal Penalties: Long-Term Consequences of a Shoplifting Conviction

The repercussions of a shoplifting conviction can extend far beyond the legal penalties. It can cast a long shadow on various aspects of your life, including:

• Employment: Many employers conduct background checks, and a shoplifting conviction can hinder your ability to find or keep a job, especially in positions that require trust and handling money or merchandise.
• Housing: Landlords often perform background checks, and a criminal record can make it difficult to secure housing.
• Education: A shoplifting conviction can affect your eligibility for scholarships, financial aid, or admission to certain educational programs.
• Reputation: A shoplifting conviction can damage your reputation and relationships with family, friends, and the community.
• Immigration: If you’re not a U.S. citizen, even a minor shoplifting conviction can lead to deportation or other adverse immigration consequences.

Why You Need a Shoplifting Defense Attorney

Facing shoplifting charges can be a daunting experience. Having a skilled and experienced attorney by your side can be the difference between a favorable outcome and a conviction with lasting consequences. A shoplifting defense attorney can:

• Thoroughly Analyze Your Case: We meticulously examine the evidence against you, including police reports, witness statements, and surveillance footage. We’ll identify potential weaknesses in the prosecution’s case and build a strong defense strategy tailored to your situation.
• Protect Your Rights: We will ensure that your rights are protected throughout the legal process, from the initial arrest to any potential trial. We’ll ensure that you understand your rights and that law enforcement and the prosecution adhere to proper procedures.
• Negotiate with the Prosecutor: We’ll leverage our experience and knowledge of the legal system to negotiate with the prosecutor on your behalf. This may involve seeking a dismissal of the charges, a reduction in the severity of the charges, or alternative resolutions like Pre-Trial Intervention (PTI) or community service.
• Provide Zealous Representation in Court: If your case goes to trial, we’ll provide you with aggressive and dedicated representation. We’ll challenge the evidence against you, cross-examine witnesses, and present a compelling defense to the judge or jury.
• Minimize the Consequences: We understand the far-reaching impact of a shoplifting conviction. We’ll work tirelessly to mitigate the penalties, protect your future, and help you move forward with your life.

Potential Defenses Against Shoplifting Charges

Every shoplifting case is unique, and the most effective defense strategies will depend on the specific circumstances. Some common defenses that may be applicable in your case include:

• Lack of Intent: A crucial element of shoplifting is the intent to deprive the merchant of the merchandise’s value. If we can demonstrate that you lacked this intent – perhaps you forgot to pay, intended to return the item, or were under duress – the charges may be reduced or dismissed.
• Mistake of Fact: If you genuinely believed you had paid for the item or had permission to take it, this could serve as a valid defense. This defense might be relevant in cases of confusion at self-checkout, misunderstandings with store employees, or situations where you believed you were returning an item.
• Duress or Coercion: If you were forced or coerced into shoplifting by someone else, this could be a defense. This might apply if someone threatened you or your loved ones to compel you to commit the act.
• Illegal Search and Seizure: If the police or store security violated your Fourth Amendment rights during a search or seizure, we can move to suppress any evidence obtained illegally. This could significantly weaken the prosecution’s case and potentially lead to a dismissal of the charges.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of shoplifting beyond a reasonable doubt, we will challenge the charges. This may involve scrutinizing witness statements, surveillance footage, or other evidence for inconsistencies or weaknesses.
• Mental Health or Intoxication: If you were suffering from a mental health condition or intoxication at the time of the alleged shoplifting, we may be able to argue for a more lenient sentence or alternative disposition, such as participation in a mental health or substance abuse treatment program.

Frequently Asked Questions about Shoplifting Charges in Plainfield, NJ

1. What should I do if I’m accused of shoplifting in a store?

• It’s essential to remain calm and cooperative. Do not resist or argue with store employees or security personnel. You have the right to remain silent and request an attorney. Contact Brett M. Rosen, Esq. immediately for guidance and legal representation.

2. Can I be charged with shoplifting in Plainfield, NJ even if I didn’t leave the store with the merchandise?

• Yes, you can be charged with shoplifting even if you didn’t leave the store. Concealing merchandise with the intent to steal is enough to constitute shoplifting in New Jersey.

3. Will a shoplifting conviction affect my employment opportunities?

• A shoplifting conviction can negatively impact your ability to find employment, especially in jobs that require trust and handling money or merchandise. Background checks are common, and a criminal record can raise concerns for potential employers.

4. Can I get a shoplifting charge expunged from my record?

• In certain circumstances, it may be possible to expunge a shoplifting conviction from your record after a waiting period. However, eligibility requirements and the expungement process can be complex. An experienced attorney can help you understand the expungement process and determine if you are eligible.

5. What is the difference between shoplifting and theft?

• Shoplifting is a specific type of theft that involves taking merchandise from a retail establishment. Theft is a broader term encompassing various forms of taking property that doesn’t belong to you, including shoplifting, burglary, robbery, and embezzlement.

6. Can I be charged with shoplifting if I returned the merchandise?

• Returning the merchandise doesn’t necessarily absolve you of shoplifting charges. The key factor is your intent at the time you took the merchandise. However, returning the item may be considered a mitigating factor during sentencing or plea negotiations.

7. What happens if I’m a minor and get caught shoplifting?

• If you’re a minor, your case will likely be handled in juvenile court. The focus in juvenile court is on rehabilitation rather than punishment. However, it’s still important to have an attorney to protect your rights and ensure the best possible outcome.