Elizabeth, NJ Shoplifting Charge Attorney

Shoplifting is a serious crime in New Jersey that can result in harsh consequences, depending on the value of the merchandise stolen and the prior criminal record of the offender. If you are facing shoplifting charges in New Jersey, you need to know your rights and options and seek legal representation from an experienced criminal defense lawyer. If you or a loved one is facing shoplifting, credit card theft, car jacking, robbery, burglary, or theft by unlawful taking charges, then it is important to seek legal representation. If you are seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a shoplifting charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential shoplifting case.

Definition of Shoplifting in New Jersey

A shoplifting charge can be a serious offense. This is why it is important to understand the law of shoplifting when facing a New Jersey shoplifting charge. According to the New Jersey Revised Statutes Section 2C:20-11, shoplifting is defined as any of the following acts:

• Taking possession of, carrying away, transferring, or causing to be carried away or transferred, any merchandise from a store or other retail establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise or converting it to the use of the person without paying the full retail value.
• Concealing any merchandise with the intention of depriving the merchant of the possession, use, or benefit of the merchandise or converting it to the use of the person without paying the full retail value.
• Altering, transferring, or removing any label, price tag, marking, or any other identification device on any merchandise with the intention of depriving the merchant of the full retail value of the merchandise.
• Transferring any merchandise from one container to another with the intention of depriving the merchant of the full retail value of the merchandise.
• Under-ringing any merchandise or removing any cash register receipt with the intention of depriving the merchant of the full retail value of the merchandise.
• Removing a shopping cart from the premises of a store or other retail establishment without the consent of the merchant.
• Using or possessing any antishoplifting or inventory control device countermeasure with the intention of depriving the merchant of the full retail value of the merchandise.

According to NJSA 2C:20-11a, the definition of a word regarding a shoplifting charge is broken down below:

A defendant charged with shoplifting who purposely conceals unpurchased merchandise faces a prima facie presumption. A prima facie presumption is a legal term that means a fact or situation is assumed to be true unless it is disproved by evidence. According to NJSA 2C:20-11d, the law specifically states that:

Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or another retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise to deprive the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

Elements of Shoplifting Charges in New Jersey

In New Jersey, it is the prosecutor’s job (burden) to prove each element beyond a reasonable doubt. If the prosecutor fails to prove just one element beyond a reasonable doubt, then the jury must find the defendant not guilty. There are different charges of shoplifting, and each one has different elements the prosecutor must prove beyond a reasonable doubt.

Shoplifting (Carrying Away) Charge 2C:20-11(b)(1)

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of shoplifting (carrying away) beyond a reasonable doubt:

1. That defendant purposely [took possession of] [carried away] [caused to be carried away] [transferred] [caused to be transferred] any merchandise displayed, held, stored or offered for sale by [name of commercial establishment];
2. That [name of commercial establishment] was a store or other retail mercantile establishment; and
3. That defendant did so with the purpose of depriving the merchant of the possession, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the full retail value thereof.

Shoplifting (Concealment) Charge 2C:20-11(b)(2)

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of shoplifting (concealment) beyond a reasonable doubt:

1. That defendant purposely concealed upon his/her person or otherwise any merchandise offered for sale by (name of commercial establishment);
2. That (name of commercial establishment) was a store or other retail mercantile establishment; and
3. That defendant did so with the purpose of depriving the merchant of the processes, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the value thereof.

Shoplifting (Altering/Removing Labels/Tags) Charge 2C:20-11(b)(3)

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of shoplifting (altering/removing labels/tags) beyond a reasonable doubt:

1. That defendant purposely [altered] [transferred] [removed] any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by [name of commercial establishment];
2. That [name of commercial establishment] was a store or other retail mercantile establishment; and
3. That defendant purposely attempted to purchase such merchandise personally or in consort with another at less than the full retail value; and
4. That defendant did so with the purpose of depriving the merchant of all or some part of the retail value thereof.

Shoplifting (Transferring Merchandise) Charge 2C:20-11(b)(4)

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of shoplifting (transferring merchandise) beyond a reasonable doubt:

1. That defendant purposely transferred any merchandise displayed, held, stored or offered for sale by (name of commercial establishment) from the container in or on which the same was displayed to any other container;
2. That (name of commercial establishment) was a store or other retail mercantile establishment; and
3. That defendant did so with the purpose of depriving the merchant of all or some part of the retail value thereof.

Shoplifting (Under-Ringing) Charge 2C:20-11(b)(5)

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of shoplifting (under-ringing) beyond a reasonable doubt:

1. That defendant purposely under-rang merchandise offered for sale by (name of commercial establishment);
2. That (name of commercial establishment) was a store or other retail mercantile establishment; and
3. That defendant did so with the purpose of depriving the merchant of the full retail value thereof

Shoplifting (Removing Shopping Cart(s)) Charge 2C:20-11(b)(6)

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements of shoplifting (removing shopping cart(s)) beyond a reasonable doubt:

1. That defendant purposely removed a shopping cart from the premises of a store or retail mercantile establishment (name of commercial establishment) without the consent of the merchant at the time of such removal;
2. That (name of commercial establishment) was a store or other retail mercantile establishment; and
3. That defendant did so with the purpose of depriving the merchant of the possession, use or benefit of such cart.

Please keep in mind that the prosecutor must prove each element of a shoplifting charge beyond a reasonable doubt. Per the New Jersey Model Jury Charge, “If the State has failed to prove any of these elements, you must find defendant not guilty.” This is why it is important to discuss your shoplifting charge(s) with an attorney. Contact us today for a consultation regarding you or your loved one’s shoplifting charge in New Jersey.

Penalties for Shoplifting in New Jersey

The penalties for shoplifting in New Jersey vary depending on the full retail value of the merchandise involved and the number of prior shoplifting convictions of the offender. The following table summarizes the possible penalties for shoplifting in New Jersey:

If a person is convicted of a first, second, or third/subsequent offense of shoplifting, the Court will impose the following sentence:

In addition to the criminal penalties, a person convicted of shoplifting in New Jersey may also face civil liability. The merchant can sue the shoplifter for the full retail value of the merchandise, if not returned in its original condition, plus any damages incurred in apprehending the shoplifter, and a penalty of $150. The shoplifter may be barred for a period of time from entering/returning to the store if convicted. If a shoplifter is ordered to not enter the store from a Court and enters the store, the shoplifter then can face trespassing charges.

Immigration Consequences for NJ Shoplifting Conviction

A New Jersey shoplifting conviction can have serious consequences for your immigration status, depending on the severity of the offense and your immigration status. Shoplifting is considered a crime of moral turpitude, which means it involves dishonesty or fraud. Crimes of moral turpitude can make you inadmissible or deportable from the United States, or prevent you from obtaining certain immigration benefits, such as citizenship, green card, or visa.

The impact of a shoplifting conviction on your immigration status depends on several factors, such as:

• The value of the merchandise stolen, which determines the grade of the offense (second, third, or fourth degree crime, or disorderly persons offense)
• The number of shoplifting convictions you have, and whether they occurred within a five-year period
• The sentence you received, and whether it was more than one year of imprisonment
• The type of immigration status you have, and whether you are subject to any grounds of inadmissibility or deportability
• The availability of any waivers or relief from removal that you may qualify for

Generally, a shoplifting conviction that is a second, third, or fourth degree crime is more likely to trigger immigration consequences than a disorderly persons offense, because it is considered an aggravated felony or a crime involving moral turpitude. However, even a disorderly persons offense can affect your immigration status if you have multiple convictions, or if you are applying for a visa, green card, or citizenship.

Shoplifting vs. Robbery Charge in New Jersey

Shoplifting becomes a robbery charge in New Jersey when the shoplifter uses force, threatens to use force, or inflicts bodily injury on anyone while attempting to commit, committing, or fleeing after the theft. This is considered a second degree crime, which carries a penalty of 5 to 10 years in prison and a fine of up to $150,000. Robbery is usually a more serious offense than shoplifting, as it involves violence or the threat of violence against another person. Therefore, if you are accused of robbery, you should contact a lawyer immediately to protect your rights and defend your case.

Defenses for Shoplifting in New Jersey

There are several possible defenses for shoplifting in New Jersey, depending on the facts and circumstances of the case. Some of the common defenses are:

• Lack of intent: A person may have taken or concealed merchandise by mistake, without the intention of depriving the merchant of the full retail value or converting it to their own use. For example, a person may have forgotten to pay for an item in their shopping bag or pocket, or may have accidentally switched the price tags on two items.
• Consent: A person may have obtained the consent of the merchant or an authorized employee to take or conceal merchandise. For example, a person may have received permission to try on an item in a dressing room or to take a shopping cart outside the store.
• Entrapment: A person may have been induced or coerced by a law enforcement officer or an agent of the merchant to commit shoplifting, when they would not have done so otherwise. For example, a person may have been pressured or tricked by an undercover officer or a store employee to take or conceal merchandise.
• False accusation: A person may have been wrongly accused of shoplifting by a mistaken or malicious witness, such as a store employee, a security guard, or another customer. For example, a person may have been confused with another person who actually committed shoplifting, or may have been targeted for discrimination or retaliation.

Pre-Trial Intervention & Conditional Dismissal

Pretrial intervention (PTI) and conditional dismissal are two programs that may be available to someone charged with shoplifting in New Jersey, depending on the circumstances of their case. Both programs are designed to divert eligible defendants from the criminal justice system and offer them a chance to avoid a conviction and a criminal record. However, there are some differences between the two programs, such as the eligibility criteria, the application process, the supervision period, and the conditions imposed.

PTI is a program that applies to indictable offenses, which are crimes of the first, second, third, or fourth degree. Shoplifting can be an indictable offense if the value of the stolen merchandise is more than $200. To be eligible for PTI, the defendant must not have any prior criminal convictions, must not have used PTI or any similar program before, and must show that they are likely to benefit from the program and not commit any further offenses. The defendant must apply for PTI within 28 days of their indictment, and the prosecutor and the program director must approve their application. If accepted, the defendant must agree to a period of supervision, which can range from one to three years. During the supervision period, the defendant must comply with certain conditions, such as paying restitution, performing community service, undergoing drug testing, or attending counseling. If the defendant successfully completes the program, the charges will be dismissed and the defendant can apply for an expungement of their arrest record.

Conditional dismissal is a program that applies to disorderly persons offenses and petty disorderly persons offenses, which are non-indictable offenses that are handled in municipal court. Shoplifting can be a disorderly persons offense if the value of the stolen merchandise is less than $200. To be eligible for conditional dismissal, the defendant must not have any prior criminal convictions, must not have used conditional dismissal, PTI, or any similar program before, and must not be charged with an offense that is ineligible for the program, such as domestic violence, drunk driving, or organized crime. The defendant must apply for conditional dismissal after their arraignment, and the judge must approve their application. If accepted, the defendant must agree to a period of supervision, which cannot exceed one year. During the supervision period, the defendant must comply with certain conditions, such as paying restitution, performing community service, undergoing drug testing, or attending counseling. If the defendant successfully completes the program, the charges will be dismissed and the defendant can apply for an expungement of their arrest record.

Both PTI and conditional dismissal are discretionary programs that are not guaranteed to any defendant. The decision to grant or deny an application depends on various factors, such as the nature and circumstances of the offense, the victim’s consent, the defendant’s character and background, and the public interest. Therefore, it is advisable to consult with a lawyer before applying for either program, as a lawyer can help evaluate the defendant’s eligibility, prepare the application, negotiate with the prosecutor, and advocate for the defendant’s best interests.

Frequently Asked Questions (FAQs)

• Question: Can a security officer/employee detain me for shoplifting in New Jersey?
  • Answer: Yes, they can. According to New Jersey law, a security officer or an employee of a store can detain you for a reasonable time and in a reasonable manner if they have probable cause to believe that you were shoplifting. Probable cause means that they have some evidence or facts that would make a reasonable person think that you committed a crime. For example, if they saw you conceal merchandise, or if they detected an electronic sensor or ink tag on your belongings. However, the security officer or the employee cannot arrest you or use excessive force against you. They can only hold you until the police arrive and take over the investigation. During that time, they may search you or your belongings for the stolen items, but they cannot harm you or violate your rights. If they do, you may have a claim for false imprisonment, assault, battery, or civil rights violations against them. Shoplifting is a serious offense in New Jersey, and it can result in criminal charges, fines, jail time, and civil penalties. If you are accused of shoplifting, you should contact a lawyer as soon as possible to protect your rights and defend your case. A lawyer can help you challenge the evidence, negotiate a plea deal, or seek a diversion program that may reduce or dismiss your charges. A lawyer can also advise you on how to deal with the store’s civil demand for restitution, which is separate from the criminal case. Contact our office today to discuss your shoplifting case. 

• Question: What if I forgot to pay for an item, is that considered shoplifting in New Jersey?
  • Answer: In New Jersey, shoplifting is defined as purposely taking possession of, carrying away, transferring, or causing to be carried away or transferred, any merchandise with the intention of depriving the merchant of the possession, use, or benefit of such merchandise without paying the full retail value. However, intent is a key component of this definition. If you unintentionally forgot to pay for an item, it may not be considered shoplifting since there was no purposeful intent to steal. 

• Question: Is switching the label on an item considered shoplifting in New Jersey?
  • Answer: Yes, in New Jersey, switching the label on an item with the intent to pay less than the actual retail price is considered a form of shoplifting. This action falls under the broader legal definition of shoplifting, which includes altering, transferring, or removing any label, price tag, marking, or any other indicia of value or any other means of recording the true value of any merchandise in order to pay less for the item. This type of behavior is seen as a deliberate attempt to deprive the merchant of the full value of the item, which is a key element of the offense.

Top-Shelf New Jersey Shoplifting Charges Lawyer

Shoplifting charges in New Jersey can have serious and lasting consequences, such as a criminal record, jail time, fines, civil liability, and damage to one’s reputation and career. Therefore, it is crucial to have a lawyer who can help with shoplifting charges in New Jersey by:

– Reviewing the evidence and the police report, and challenging any errors, inconsistencies, or violations of the person’s rights.

– Negotiating with the prosecutor for a plea bargain, such as a reduced charge, a diversion program, or a dismissal of the case.

– Representing the person in court and presenting a strong defense, such as lack of intent, consent, entrapment, or false accusation.

– Exploring the options for expungement or sealing of the person’s criminal record, if eligible.

If you are facing shoplifting charges in New Jersey, you need a lawyer who can help you protect your rights and interests. Contact Brett M Rosen, a lawyer in New Jersey, who has close to a decade of experience in criminal law, domestic violence, DUI & DWI, and other legal matters. He has tried numerous cases and has represented clients ranging from celebrities to ordinary citizens. He has received positive reviews from his clients and peers, who praised his professionalism, effectiveness, and aggressiveness in court. He was also featured in Men’s Journal as a “beacon of dedicated ardor in law” and a “youngest star lawyer” who won a seemingly impossible case. Call Brett M Rosen today for a free consultation and get the legal help you need.