Shoplifting Charge Attorney Rahway, NJ

Shoplifting Charge Attorney Rahway, NJ

Don’t Let a Shoplifting Accusation Derail Your Life

Being accused of shoplifting in Rahway, New Jersey, can be a distressing experience. Whether it’s a misunderstanding, a lapse in judgment, or a false accusation, the potential consequences of a shoplifting charge are serious and can affect your life in profound ways. You need a skilled and experienced legal advocate to guide you through the legal process and protect your rights.

Brett M. Rosen, Esq., is a leading criminal defense attorney in Union County, New Jersey, with a proven track record of success in defending clients against shoplifting charges in Rahway and throughout Union County. Our team of dedicated attorneys understands the complexities of New Jersey’s shoplifting laws and the potential impact these charges can have on your life. We are committed to providing you with aggressive representation, compassionate support, and personalized legal strategies to achieve the best possible outcome for your case.

Understanding Shoplifting Charges in Rahway, NJ

Shoplifting, also known as retail theft, is the act of taking merchandise from a store without paying for it. In New Jersey, shoplifting is a serious offense that can be charged as a disorderly persons offense (similar to a misdemeanor) or a felony, depending on the value of the stolen merchandise.

Types of Shoplifting Charges in New Jersey

• Shoplifting (N.J.S.A. 2C:20-11(b)): This is the basic shoplifting offense and covers the intentional taking of merchandise without paying, regardless of the value. This could include concealing items, altering price tags, or switching containers.
• Shoplifting (N.J.S.A. 2C:20-11(c)): This offense applies when someone alters or removes price tags, conceals merchandise, or uses a theft detection shielding device with the intent to deprive the merchant of the full retail value.

Degrees of Shoplifting Crimes:

The severity of the charge depends on the value of the merchandise stolen:

• Disorderly Persons Offense: Merchandise valued under $200.
• Fourth-Degree Crime: Merchandise valued between $200 and $500.
• Third-Degree Crime: Merchandise valued between $500 and $75,000.
• Second-Degree Crime: Merchandise valued over $75,000.

The Stakes are High: Penalties for Shoplifting in Rahway

The penalties for shoplifting in Rahway can be significant, even for first-time offenders. The consequences can include:

• Fines:
  
  • Disorderly persons offense: Up to $1,000
  • Fourth-degree crime: Up to $10,000
  • Third-degree crime: Up to $15,000
  • Second-degree crime: Up to $150,000
• Jail Time:
  
  • Disorderly persons offense: Up to 6 months
  • Fourth-degree crime: Up to 18 months
  • Third-degree crime: 3 to 5 years
  • Second-degree crime: 5 to 10 years
• Restitution: The court may order you to pay back the store for the value of the stolen merchandise and any additional losses they incurred due to the theft.
• Community Service: The court may order you to perform community service hours as part of your sentence or as a condition of probation.
• Probation: May be required instead of or in addition to jail time, and will involve regular check-ins with a probation officer and compliance with specific conditions.
• Criminal Record: A shoplifting conviction will result in a criminal record, which can impact your future job prospects, housing, and other opportunities. Even a misdemeanor conviction can have long-lasting consequences.
• Civil Liability: The store may sue you for damages in civil court, seeking compensation for the stolen merchandise, legal fees, and other losses.
• Store Ban: The store has the right to ban you from their premises, even if you are not formally charged or convicted of shoplifting.

How Brett M. Rosen, Esq. Can Defend You Against Shoplifting Charges

At Brett M. Rosen, Esq., we are dedicated to providing you with the best possible defense against shoplifting charges. We will:

• Conduct a Thorough Investigation:

  • We will meticulously review all evidence related to your case, including:
    
    • Surveillance footage
    • Witness statements
    • Police reports
    • Store policies and procedures
    • Any other relevant information
  • We will also conduct our own independent investigation if necessary to gather additional evidence that could help your case.

• Challenge the Prosecution’s Case:

  • We will carefully analyze the evidence, scrutinizing it for weaknesses, inconsistencies, and potential violations of your rights.
  • We may challenge the way evidence was collected, preserved, or presented, and we will question the credibility of any witnesses against you.

• Explore All Possible Defenses:

  • We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
  • Potential defenses include:
    
    • Lack of Intent: Arguing that you did not intend to steal the merchandise, perhaps due to confusion, forgetfulness, a mistake, or accidental removal from the store.
    • Duress or Coercion: If you were forced or coerced into shoplifting by another person, you may not be held criminally responsible.
    • Mistake of Fact: If you genuinely believed you had permission to take the merchandise or that it was free, this could be a valid defense.
    • False Accusation: If you believe you were wrongly accused or misidentified, we will investigate the circumstances and work to prove your innocence.
    • Insufficient Evidence: If the prosecution’s case relies on weak or unreliable evidence, we can challenge the sufficiency of the evidence and argue for dismissal of the charges.
    • De Minimis Infraction: If the value of the stolen item is very small and it was an honest mistake, we can argue that the offense is too minor to warrant prosecution.

• Negotiate with Prosecutors:

  • We have a strong track record of negotiating favorable plea agreements with prosecutors, potentially reducing charges, minimizing penalties, or even securing dismissal of the case.
  • We will leverage our knowledge of the legal system and our relationships with prosecutors to advocate for the best possible outcome for your case.  
    
     

• Provide Experienced Courtroom Representation:

  • If your case goes to trial, we will provide experienced and aggressive representation in Roselle Park Municipal Court or Union County Superior Court, depending on the severity of the charges.
  • We will advocate for your rights, cross-examine witnesses, and present a compelling case in your defense.

Frequently Asked Questions About Shoplifting Charges in Rahway, NJ

1. What should I do if I am accused of shoplifting in Rahway, NJ? Remain calm and polite, but do not admit to anything or sign any statements. Politely request to speak with an attorney and contact Brett M. Rosen, Esq. immediately.

2. Can a shoplifting charge be expunged from my record in New Jersey? In some cases, it may be possible to expunge a shoplifting charge from your record after a certain period of time has passed, depending on the degree of the offense and your criminal history. An attorney can help you determine your eligibility for expungement.

3. Will a shoplifting conviction affect my employment? A shoplifting conviction can make it difficult to find employment, especially in jobs that require handling money or dealing with the public. It may also impact your current employment, depending on your employer’s policies.

4. Can a shoplifting charge be dismissed in Rahway? Yes, under certain circumstances, a shoplifting charge may be dismissed if there is insufficient evidence, a valid defense exists, or you successfully complete a diversionary program like pre-trial intervention (PTI).

5. What is Pretrial Intervention (PTI)? PTI is a diversionary program for first-time offenders in New Jersey that allows you to avoid a conviction by completing certain conditions, such as community service, counseling, or restitution. If you successfully complete PTI, the charges against you will be dismissed.

6. Is shoplifting a felony in New Jersey? Shoplifting can be a felony or a misdemeanor, depending on the value of the stolen merchandise. Shoplifting merchandise valued at less than $200 is a disorderly persons offense (misdemeanor), while shoplifting merchandise valued at $200 or more is considered a felony.

7. What happens if I am convicted of shoplifting in Rahway, New Jersey? The consequences of a shoplifting conviction depend on the degree of the offense. You may face fines, jail time, probation, community service, and a criminal record. The specific penalties will depend on the value of the stolen merchandise and your prior criminal history.

8. Can I be charged with shoplifting if I didn’t leave the store with the merchandise? Yes, you can be charged with shoplifting even if you haven’t left the store. The act of concealing merchandise with the intent to steal is enough to constitute shoplifting under New Jersey law. This is why it’s important to consult with an attorney even if you were stopped before leaving the store.

9. What if I’m a minor and I’m accused of shoplifting? If you are a minor, you will be subject to the juvenile justice system. The consequences of a shoplifting conviction can still be serious, but there may be more opportunities for diversionary programs or alternative sentencing options, such as community service or counseling.

10. What if I mistakenly thought the item was free or I forgot to pay for it? If you can prove that you genuinely made a mistake and did not intend to steal the merchandise, this could be a defense to the charge. However, the burden of proof is on you to show that the mistake was honest and reasonable.

11. Can I be charged with receiving stolen property if I didn’t know it was stolen? To be convicted of receiving stolen property, the prosecution must prove that you knew or had reason to believe that the property was stolen. If you can show that you were unaware of the property’s stolen nature, this can be a defense.

12. What if I was pressured or coerced into shoplifting by someone else? If you were under duress or coercion and were forced to commit the shoplifting offense, you may be able to raise this as a defense. This defense requires proving that you were under an immediate threat of harm and had no other choice but to comply.

13. What are the consequences of a shoplifting conviction on my immigration status? If you are not a U.S. citizen, a shoplifting conviction can have negative consequences for your immigration status, potentially leading to deportation or denial of naturalization. An attorney with experience in both criminal and immigration law can advise you on your specific situation.

14. How can a shoplifting lawyer help me? A shoplifting lawyer can help you understand the charges against you, investigate the evidence, negotiate with the prosecutor, and build a strong defense strategy. They can also represent you in court and advocate for the best possible outcome, such as a dismissal, reduced charges, or alternative sentencing options.

15. What is the difference between shoplifting and robbery? Shoplifting is the act of taking merchandise from a store without paying, while robbery involves the use of force or threat of force to take property. Robbery is a more serious offense than shoplifting and carries harsher penalties.

16. Can I still get a job if I have a shoplifting conviction on my record? While a shoplifting conviction can make it more difficult to find employment, it is not impossible. The impact of a shoplifting conviction will depend on the severity of the offense, the type of job you are seeking, and your employer’s policies. An attorney can help you mitigate the impact of a conviction on your job prospects.

17. What are some options for resolving a shoplifting charge besides going to trial? Alternatives to trial include negotiating a plea bargain with the prosecutor, participating in a diversionary program like PTI, or seeking a conditional discharge (for first-time offenders with minor offenses). An attorney can help you explore these options and determine the best course of action for your case.

18. Can I be charged with shoplifting if the store security guard used excessive force to detain me? Yes, you can still be charged with shoplifting, but your attorney may be able to challenge the store’s actions and potentially have any evidence obtained through the use of excessive force suppressed in court.

Don’t Let a Shoplifting Charge Define Your Future – Contact Brett M. Rosen, Esq. Today!

If you are facing shoplifting charges in Rahway, New Jersey, don’t let fear or embarrassment prevent you from seeking the legal help you need. Brett M. Rosen, Esq. is committed to providing you with the experienced, dedicated, and compassionate representation you need. We will fight for your rights, protect your reputation, and work tirelessly to secure the best possible outcome for your case.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free consultation.