Facing Shoplifting Charges in Berkeley Heights, NJ? Your Defense Starts Here.
Shoplifting Charges Attorney Berkeley Heights, NJ
Have you or a loved one been accused of shoplifting in Berkeley Heights, New Jersey? Don’t panic. When facing shoplifting charges in Berkeley Heights, NJ, Brett M. Rosen is an excellent choice for legal representation. Here’s why:
Experience: As a seasoned lawyer licensed in both New York and New Jersey, Rosen specializes in criminal and civil litigation. With years of practice, he understands local laws and procedures thoroughly.
Client Satisfaction: Rosen’s clients praise his professionalism and effectiveness. They describe him as “the example of a true winner” and “one of NJ’s finest attorneys”.
Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ against current and former prosecutors. His aggressive questioning and thorough approach have garnered commendation from clients.
High-Profile Cases: He has successfully handled high-profile cases, including representing a celebrity in a domestic violence case and a Grammy-Award winning artist in drug-related matters.
Recognition: Brett M. Rosen has been recognized as a Rising Star by Super Lawyers.
Protect your rights by choosing an experienced attorney like Brett M. Rosen. We understand the complexities of Berkeley Heights, New Jersey’s shoplifting laws and the potential consequences you face. Our goal is to protect your rights, minimize the impact of these charges, and help you move forward with your life.
Why Choose Brett M. Rosen, Esq. for Your Berkeley Heights Shoplifting Defense?
- Local Expertise: We have extensive knowledge of the Berkeley Heights Municipal Court, local law enforcement procedures, and New Jersey’s shoplifting laws.
- Proven Success: We have a strong track record of successfully defending clients against shoplifting charges in Berkeley Heights and throughout Union County.
- Personalized Attention: We offer a client-focused approach, providing personalized attention and tailoring our defense strategy to the unique circumstances of your case.
- Compassionate Advocacy: We understand the stress and anxiety associated with criminal charges. We will guide you through the process with empathy and understanding, advocating for your rights every step of the way.
Understanding Shoplifting Charges in New Jersey
Shoplifting (NJSA 2C:20-11) is a serious offense in New Jersey, defined as the unlawful taking of merchandise from a store without paying for it. The penalties for shoplifting can vary depending on the value of the stolen goods:
- Disorderly Persons Offense: Shoplifting merchandise valued at less than $200. This is the least severe charge, punishable by up to 6 months in jail and a fine of up to $1,000.
- Fourth-Degree Crime: Shoplifting merchandise valued between $200 and $500. Punishable by up to 18 months in prison and a fine of up to $10,000.
- Third-Degree Crime: Shoplifting merchandise valued between $500 and $75,000. Punishable by up to 5 years in prison and a fine of up to $15,000.
- Second-Degree Crime: Shoplifting merchandise valued at $75,000 or more, or if the shoplifting is part of an organized retail theft enterprise. Punishable by up to 10 years in prison and a fine of up to $150,000.
Even a first-time offense can lead to lasting consequences, including a criminal record, difficulty finding employment, and damage to your reputation.
Defenses Against Shoplifting Charges in Berkeley Heights
With a strong legal defense, you may be able to avoid a conviction or minimize the penalties. Our firm will explore all available defenses, including:
- Lack of Intent: We can argue that you did not intend to steal the merchandise, perhaps due to forgetfulness, confusion, or an honest mistake.
- Mistake of Fact: You may have genuinely believed you paid for the item or had permission to take it.
- Duress: You may have been coerced or threatened into shoplifting.
- Mental Incapacity: If you were suffering from a mental illness or impairment at the time of the offense, it could affect your culpability.
- False Accusation: We can investigate the circumstances and challenge the accuser’s credibility if we believe you’ve been falsely accused.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the arrest or investigation, the evidence may be inadmissible in court.
Frequently Asked Questions (FAQs)
- What should I do if I’m accused of shoplifting in Berkeley Heights?
- Stay calm, do not admit to anything, and politely ask to speak to an attorney. Do not sign any documents or make any statements to store personnel or law enforcement without legal advice.
- Can I be arrested for shoplifting even if I didn’t leave the store?
- Yes, in New Jersey, you can be charged with shoplifting even if you are still inside the store if you concealed merchandise with the intent to steal it.
- Can a first-time offender avoid jail time?
- It’s possible. For first-time offenders, especially those charged with a disorderly persons offense, alternatives like probation, community service, or pretrial intervention programs may be available.
- What is Pretrial Intervention (PTI)?
- PTI is a diversionary program that may be offered to first-time offenders. If you successfully complete PTI, the charges may be dismissed.
- Will a shoplifting conviction affect my employment?
- Yes, a shoplifting conviction can appear on background checks and negatively impact your ability to find employment or obtain certain professional licenses.
FAQs Continued
What is considered shoplifting in New Jersey?
- Shoplifting in New Jersey, officially called “shoplifting/retail theft,” involves more than just walking out of a store without paying. It includes:
- Taking merchandise without paying
- Concealing merchandise with the intent to steal
- Altering or switching price tags
- Under-ringing merchandise (intentionally scanning a cheaper item)
- Putting an item in a different container to avoid paying full price
- Switching receipts to pay a lower price
What are the penalties for shoplifting in New Jersey?
- Penalties depend on the value of the stolen goods:
- Less than $200: Disorderly persons offense (fines up to $1,000, up to 6 months in jail)
- $200 – $500: Fourth-degree crime (fines up to $10,000, up to 18 months in prison)
- $500 – $75,000: Third-degree crime (fines up to $15,000, up to 5 years in prison)
- Over $75,000: Second-degree crime (fines up to $150,000, up to 10 years in prison)
What is a civil demand letter in a shoplifting case?
- In addition to criminal charges, you might receive a civil demand letter from the store, demanding payment for the stolen item, legal fees, and other costs associated with the incident.
Where do shoplifting cases in Berkeley Heights get handled?
- Typically, shoplifting cases in Berkeley Heights are handled by the Berkeley Heights Municipal Court, but more serious cases (higher value items) might go to the Union County Superior Court in Elizabeth.
Don’t Face Shoplifting Charges in Berkeley Heights, NJ Alone – Contact Us Today
If you are facing shoplifting charges in Berkeley Heights, NJ, Brett M. Rosen, Esq. is ready to fight for your rights and protect your future. We offer a free consultation to discuss your case, answer your questions, and develop a personalized defense strategy.
Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation.