Shoplifting Charges in New Providence, NJ: Don't Let One Mistake Define Your Future
Shoplifting Charge Attorney New Providence, NJ
Facing a shoplifting charge in New Providence, New Jersey, can be a frightening and overwhelming experience. Even a seemingly minor offense can carry significant consequences, including fines, jail time, a permanent criminal record, and long-term damage to your reputation. If you or a loved one has been accused of shoplifting, it’s crucial to seek legal counsel immediately. If you’re facing a shoplifting charge in New Providence, NJ, retaining Brett M. Rosen, Esq. is a pivotal decision for your case. Here’s why:
Experience and Expertise: With years of practice, Brett M. Rosen practices in criminal and civil litigation. He is licensed in both New York and New Jersey, making him well-versed in local laws and procedures.
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 been commended by 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.
Remember that shoplifting is a serious offense, and understanding the law is crucial. Choose an experienced attorney like Brett M. Rosen to protect your rights and explore your options.
Understanding Shoplifting Laws in New Jersey
Shoplifting, under New Jersey law (N.J.S.A. 2C:20-11), is a form of theft that involves taking merchandise from a store without paying or altering price tags to pay less. It’s a serious offense with varying degrees of severity, 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 3-5 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.
| Offense | Degree of Crime | Value of Stolen Merchandise | Maximum Jail/Prison Sentence | Maximum Fine | Additional Penalties |
| Shoplifting | Disorderly Persons Offense | Less than $200 | 6 months in jail | $1,000 | At least 10 days of community service |
| Shoplifting | Fourth-Degree Crime | $200 – $500 | 18 months in prison | $10,000 | At least 15 days of community service for 2nd offense, 25 days for 3rd or subsequent offense |
| Shoplifting | Third-Degree Crime | $500 – $75,000 | 3-5 years in prison | $15,000 | At least 25 days of community service for 3rd or subsequent offense, minimum 90-day jail term for 3rd+ |
| Shoplifting | Second-Degree Crime | $75,000 or more | 5-10 years in prison | $150,000 | At least 25 days of community service for 3rd or subsequent offense, minimum 90-day jail term for 3rd+ |
Important Notes:
- Community Service: All shoplifting convictions, regardless of degree, carry a mandatory community service sentence.
- Jail Time: For third or subsequent offenses, there is a mandatory minimum jail sentence of 90 days.
- Restitution: In addition to fines and potential jail time, the court may order you to pay restitution to the store for the value of the stolen merchandise.
- Criminal Record: A shoplifting conviction, even for a disorderly persons offense, will result in a criminal record, which can impact your employment, housing, and other opportunities.
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 New Providence
With a strong legal defense, you may be able to avoid conviction or minimize the penalties. We will thoroughly investigate the circumstances of your case and explore all possible defenses, including:
- Lack of Intent: We can argue that you did not intend to steal the merchandise, perhaps due to forgetfulness, confusion, a misunderstanding, or an accidental error.
- Mistake of Fact: You may have genuinely believed you paid for the items or that you had permission to take them.
- Duress or Coercion: You may have been forced or pressured into shoplifting by another individual or due to extraordinary circumstances.
- Mental Incapacity: If you were suffering from a mental illness or impairment at the time of the offense, it could affect your culpability and lead to a lesser charge or alternative sentencing.
- False Accusation: We can investigate the allegations and challenge the accuser’s credibility if we believe you have been falsely accused. We’ll look for inconsistencies in witness statements, faulty security footage, or other evidence that could exonerate you.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the arrest, detention, or search, we can file motions to suppress illegally obtained evidence.
Frequently Asked Questions (FAQs)
- What should I do if I’m accused of shoplifting in New Providence?
- Do not admit to anything, remain calm, and politely request 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 with the merchandise?
- 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 shoplifter avoid jail time?
- Yes, it’s possible. For first-time offenders, especially those charged with a disorderly persons offense, alternative sentencing options like probation, community service, or the Pre-Trial Intervention (PTI) program may be available.
- What is the Pre-Trial Intervention (PTI) Program?
- PTI is a diversionary program that may be offered to first-time offenders. If you successfully complete the program, which may involve community service, restitution, and counseling, the charges against you can 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, especially in jobs that require trust and honesty. It may also affect your eligibility for certain professional licenses.
FAQs Continued
- What is considered shoplifting in New Jersey?
- Shoplifting in NJ involves the unlawful taking of merchandise from a retail establishment. It’s broader than just walking out without paying and includes concealing items, switching price tags, or even removing a shopping cart from the premises.
- What are the penalties for shoplifting in New Providence, NJ?
- The penalties depend on the value of the stolen merchandise. It can range from a disorderly persons offense (under $200) with potential jail time and fines, to a second-degree crime (over $75,000) with a potential for 5-10 years in prison and significant fines.
- What if I forgot to pay for an item? Is that still shoplifting?
- While intent is crucial, accidentally leaving without paying can still lead to charges. However, an attorney can argue that your actions were unintentional and you lacked the necessary intent to commit theft.
- Can I be charged with shoplifting even if I returned the merchandise?
- Yes, returning the item doesn’t automatically negate the charge. The focus is on your intent at the time of taking the item. However, returning the item might be considered a mitigating factor during sentencing.
- What if I was with a friend who shoplifted, but I didn’t take anything?
- You can be charged if you aided or abetted the shoplifting, even if you didn’t personally take anything. Mere presence isn’t enough, but active participation or encouragement can lead to charges.
Why Choose Brett M. Rosen, Esq. for Your New Providence Shoplifting Defense?
- Proven Success: Our firm has a long history of successfully defending clients against shoplifting charges in New Providence. We understand the nuances of these cases and have a proven track record of achieving favorable outcomes, including dismissals, reduced charges, or alternative sentencing options.
- Personalized Attention: We recognize that each case is unique and deserves individual attention. We will listen to your story, understand your concerns, and develop a personalized defense strategy designed to protect your rights and interests.
- Compassionate Advocacy: We understand the stress and anxiety that come with facing criminal charges. We provide compassionate and supportive representation, guiding you through the legal process every step of the way and advocating for your best interests in and out of court.
Don’t Face Shoplifting Charges Alone – Contact Brett M. Rosen Today
If you are facing shoplifting charges in New Providence, NJ, don’t try to handle the situation on your own. Brett M. Rosen, Esq. is here to provide experienced and dedicated legal representation. We will fight for your rights, explore all possible defenses, and work tirelessly to minimize the consequences of your charges.
Call us today at 908-312-0368 & brett@nynjcriminalcivilesq.com for a free, confidential consultation. Let us help you navigate this difficult situation and protect your future.