Theft of Lost Property Attorney in Elizabeth, New Jersey

Finding lost property can be a lucky break. But what happens if you’re unsure whether keeping it is legal? In New Jersey, N.J.S.A. 2C:20-6 addresses theft of property lost, mislaid, or delivered by mistake. If you’ve been accused of violating this statute, or theft by unlawful taking, forgery, or simply want to understand the law, our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. can help.

Contact our office today for a consultation, or continue reading this page that provides a comprehensive overview of N.J.S.A. 2C:20-6 and your rights.

What is Theft of Lost Property (N.J.S.A. 2C:20-6)?

This law applies when someone comes into control of property that belongs to another but was lost, misplaced, or delivered incorrectly. The key element is the finder’s knowledge and intent. Simply finding lost property isn’t illegal. However, keeping it without making a reasonable effort to return it to the rightful owner could result in theft charges.

What are the elements of Theft of Lost Property?

The prosecutor must prove each element below beyond a reasonable doubt:

1. That defendant came into control of property of another.
2. That defendant knew that the property was [lost] [mislaid] [delivered under a mistake
as to [the nature] [the amount] [the identity of the recipient]].
3. That defendant knew the identity of the owner.
4. That defendant converted the property to his/her own use with the purpose to deprive
the owner of the property.

Keep in mind that if the prosecutor fails to prove just one element above beyond a reasonable doubt, then the defendant must be found not guilty of theft of lost property. 

What Does the Law Consider “Reasonable Effort”?

There’s no one-size-fits-all answer, but here are some general guidelines:

• Identify the Owner: If the property has identifying information (name, tag, etc.), use it to locate the owner. Try contacting them directly or returning it to a place they might frequent.
• Turn it in to Lost and Found: If no owner information exists, consider turning it in to a lost and found department at a relevant location (e.g., store where it might have been lost, public transportation authority).
• Report to Authorities: In some cases, reporting lost property to the police might be appropriate, particularly for high-value items.

When Can Keeping Lost Property Be Legal?

• Taking Reasonable Steps: If you make a good-faith effort to find the owner but are unsuccessful, holding onto the property for a period (depending on the value) might be acceptable. An attorney can advise you on the specifics.
• Finders Keepers (Limited Application): New Jersey doesn’t have a strict “finders keepers” law. However, if you find lost property on your own property (with no trespassing involved), and you have no way to identify the owner, you might have a stronger claim to keep it after a reasonable waiting period.

Penalties for Theft of Lost Property in New Jersey

The penalties for the offense of Theft of property lost, mislaid, or delivered by mistake under New Jersey Statute 2C:20-6 depend on the value of the property involved. Here’s a breakdown:

• Second Degree Theft: If the property value is $75,000 or more, it is considered a second degree crime, which can result in 5 to 10 years in prison and fines of up to $150,000.

• Third Degree Theft: For property valued between $500 and $75,000, the crime is classified as third degree, carrying a maximum fine of $15,000 and up to 5 years of incarceration.

It’s important to remember that these are the maximum potential penalties. The specific sentence imposed by the court will depend on various factors, including your criminal history, the specific circumstances of the case, and your cooperation with law enforcement.

Additional Considerations:

• In addition to criminal penalties, you may also be ordered to return the stolen property and/or compensate the owner for any damages.
• A conviction for theft of lost property can have negative consequences beyond the immediate penalties, such as impacting your employment opportunities or ability to rent housing.

Facing N.J.S.A. 2C:20-6 Charges? We Can Help.

Being charged with theft of lost property can be a confusing and stressful experience. Our New Jersey criminal defense firm at Brett M. Rosen, Esq. can help you navigate this situation:

• Analyze Your Case: We’ll meticulously examine the details of your case, including the circumstances surrounding finding the property and any attempts you made to return it.
• Explore Defenses: Depending on the specifics, we might explore defenses like lack of knowledge, reasonable belief of ownership, mistake of fact, or police misconduct.
• Fight for the Best Outcome: We’ll fight for the best possible outcome, which could include dismissal of charges, reduced penalties, or participation in a diversionary program.

Don’t wait to act! Contact [Law Firm Name] today for a free consultation.

New Jersey Theft of Lost Property Defenses: Protecting Your Rights (N.J.S.A. 2C:20-6)

Being charged with theft of lost property in New Jersey under N.J.S.A. 2C:20-6 can be unsettling. The potential consequences, including fines and even jail time, necessitate a strong defense strategy. Our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. are here to help. Here’s a breakdown of some common defenses used in N.J.S.A. 2C:20-6 cases:

1. Lack of Knowledge:

The prosecution must prove you knew the property was lost, mislaid, or delivered by mistake. If you genuinely believed the property was abandoned or belonged to you, this defense can be effective. Our attorneys will analyze the circumstances surrounding how you found the property and any attempts to identify the owner to strengthen this argument.

2. Reasonable Belief of Ownership:

Perhaps you found the property on your own property (with no trespassing involved) and had no way to identify the owner. In such cases, you might have developed a reasonable belief of ownership, especially after a waiting period. Our legal team will assess the specifics of your situation to determine if this defense applies.

3. Mistake of Fact:

Did you unintentionally keep the property due to a misunderstanding? For example, maybe you found cash and assumed it was a lost tip someone forgot. Our attorneys will explore the circumstances surrounding your actions and any misconceptions you might have had to build a strong mistake of fact defense.

4. Law Enforcement Misconduct:

If law enforcement obtained evidence against you through illegal means, such as an unlawful search and seizure, this could be grounds for dismissal of charges. Our attorneys will meticulously examine the police procedures used in your case to identify any potential misconduct.

5. Abandonment:

Property can be considered abandoned if the owner has no intention of reclaiming it. In such cases, taking possession wouldn’t constitute theft. Our legal team will investigate the condition and location of the property to determine if abandonment is a viable defense option.

6. De Minimis Value:

New Jersey courts sometimes dismiss charges for theft of lost property if the value of the item is minimal. However, this doesn’t guarantee dismissal, and it’s crucial to consult with an attorney to understand the specific circumstances of your case.

7. Reporting the Lost Property:

While not always required, if you reported finding the property to the police or a lost and found department, it demonstrates good faith and strengthens your defense.

Remember: These are just some potential defenses. The best course of action is to contact our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. as soon as possible. We will assess the specifics of your case, develop a tailored defense strategy, and fight for the best possible outcome.

Don’t Hesitate to Contact Brett M. Rosen, Esq. for a Free Consultation

Facing charges under N.J.S.A. 2C:20-6 can be stressful. Our knowledgeable and aggressive defense team is here to protect your rights. Contact us today to discuss your case in detail.

New Jersey Theft of Lost Property (N.J.S.A. 2C:20-6): FAQs for a Clearer Picture

Finding lost property can be exciting, but what if you’re unsure if keeping it is legal? New Jersey’s N.J.S.A. 2C:20-6 statute addresses theft of property lost, mislaid, or delivered by mistake. If you’re facing such charges, or simply curious about the law, our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. can help. Here are some frequently asked questions regarding N.J.S.A. 2C:20-6:

1. What does N.J.S.A. 2C:20-6 cover?

This statute applies when someone comes into possession of property that belongs to another person but was lost, misplaced, or delivered incorrectly. The law focuses on the finder’s knowledge and intent.

2. Is it illegal to keep lost property in New Jersey?

Not necessarily. If you find lost property and make a reasonable effort to return it to the rightful owner, you generally won’t face charges under N.J.S.A. 2C:20-6.

3. What constitutes a “reasonable effort” to return lost property?

This depends on the circumstances. Here are some general guidelines:

• Clearly identify the owner: If the property has identifying information (name, tag, etc.), use that to locate the owner.
• Turn it in to lost and found: If no owner information exists, consider turning it in to a lost and found department at a relevant location (e.g., store where it might have been lost, public transportation authority).
• Report to authorities: In some cases, reporting lost property to the police might be appropriate.

4. What if I can’t identify the owner?

If you can’t reasonably identify the owner, holding onto the property for a period (depending on the value) might be acceptable before claiming it as your own. However, consulting with an attorney is always recommended.

5. I was charged with theft of lost property in New Jersey. What should I do?

Contact a qualified New Jersey criminal defense attorney, such as Brett M. Rosen, immediately. An attorney can:

• Analyze the details of your case and assess the evidence against you.
• Explore potential defenses, such as lack of knowledge or a reasonable belief you were entitled to keep the property.
• Fight for the best possible outcome, which could include dismissal of charges or a reduction in penalties.

6. What are some potential defenses for N.J.S.A. 2C:20-6 charges?

Some possible defenses include:

• Lack of knowledge: You didn’t know the property was lost, mislaid, or delivered incorrectly.
• Reasonable belief of ownership: You had a legitimate reason to believe the property belonged to you or someone you knew.
• Mistake of fact: You unintentionally kept the property due to a misunderstanding.
• Police misconduct: Law enforcement obtained evidence through illegal means.

7. What are the penalties for violating N.J.S.A. 2C:20-6?

The severity of penalties depends on the value of the property:

• Second Degree Theft: If the property value is $75,000 or more, it is considered a second degree crime, which can result in 5 to 10 years in prison and fines of up to $150,000.

• Third Degree Theft: For property valued between $500 and $75,000, the crime is classified as third degree, carrying a maximum fine of $15,000 and up to 5 years of incarceration.

Remember: This FAQ is for informational purposes only and does not constitute legal advice. Always consult with a qualified New Jersey criminal defense attorney to discuss your specific situation.

Contact Brett M. Rosen for a Free Consultation

Facing charges under N.J.S.A. 2C:20-6 can be stressful. Our knowledgeable and experienced criminal defense team is here to protect your rights. Contact us today to discuss your case in detail.

Premier New Jersey Theft of Lost Property Lawyer