Theft of Services Attorney Elizabeth, NJ

Theft of Services Attorney Elizabeth, NJ

Theft of services, while often considered a less serious offense than traditional theft, can still lead to significant legal consequences in New Jersey. When facing a theft of services charge in Elizabeth, NJ, retaining the expertise of attorney Brett M. Rosen is essential for securing a strong and effective defense. Brett M. Rosen’s profound understanding of New Jersey’s criminal laws, particularly those relating to theft offenses, equips him with the knowledge needed to navigate the complexities of your case. His strategic approach involves a meticulous examination of the evidence, the circumstances surrounding the alleged theft, and any potential defenses that may apply. By choosing Brett M. Rosen, you benefit from his unwavering commitment to protecting your rights and minimizing the impact of the charges on your life. His dedication to his clients, combined with his extensive experience, ensures that you have a tenacious advocate on your side, working tirelessly to achieve the best possible outcome.

If you’ve been accused of this crime in Elizabeth, NJ, it’s crucial to understand your rights and options. Don’t let a misunderstanding or a lapse in judgment tarnish your record and impact your future. Contact Brett M. Rosen today for a free consultation at 908-312-0368 or by email at brett@nynjcriminalcivilesq.com.

Understanding Theft of Services in New Jersey

New Jersey Statute 2C:20-8 defines theft of services as knowingly obtaining services, accommodations, entertainment, or use of a facility without paying or with the intent to avoid payment. Essentially, it’s the legal term for “skipping out on the bill.”

Examples of Theft of Services:

• Dining and dashing: Leaving a restaurant without paying for your meal.
• Skipping out on a hotel bill: Checking out of a hotel without paying for your stay.
• Unauthorized use of utilities: Tampering with a meter to get free electricity, gas, or water.
• Cable theft: Illegally accessing cable television services.
• Fare evasion: Riding public transportation without paying the fare.
• False promises of payment: Obtaining services by promising to pay later but having no intention of doing so.

Key Elements of the Offense:

• Service: The offense must involve a service that is typically provided for compensation.
• Knowledge: The prosecution must prove that you knowingly obtained the service without paying or with the intent to avoid payment.
• Value: The value of the services obtained will determine the degree of the offense and the potential penalties.

Grading of the Offense:

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

• Disorderly persons offense: If the value is less than $200.
• Fourth-degree crime: If the value is between $200 and $500.
• Third-degree crime: If the value is between $500 and $75,000.
• Second-degree crime: If the value exceeds $75,000.

Potential Penalties

The penalties for theft of services can be significant, including:

• Disorderly Persons Offense:
  
  • Fine: Up to $1,000
  • Jail time: Up to 6 months in county jail
  • Restitution to the victim for the value of the services stolen
• Fourth-Degree Crime:
  
  • Fine: Up to $10,000
  • Jail time: Up to 18 months in state prison
  • Restitution
• Third-Degree Crime:
  
  • Fine: Up to $15,000
  • Jail time: 3 to 5 years in state prison
  • Restitution
• Second-Degree Crime:
  
  • Fine: Up to $150,000
  • Jail time: 5 to 10 years in state prison
  • Restitution

In addition to these penalties, a conviction for theft of services can also result in:

• A criminal record: This can affect your ability to obtain employment, housing, or certain professional licenses.
• Immigration consequences: If you are not a U.S. citizen, a conviction can lead to deportation or other immigration issues.
• Damage to your reputation: A conviction for a theft-related offense can harm your reputation and relationships.

Defenses Against Theft of Services Charges

Defending against theft of services charges requires a thorough understanding of the law, meticulous investigation, and strategic legal maneuvering. Attorney Rosen will employ every available resource to protect your rights and freedom. Some potential defenses include:

• Lack of Intent: The prosecution must prove that you knowingly obtained the services without paying or with the intent to avoid payment. If you can show that you genuinely intended to pay but were unable to do so due to unforeseen circumstances, or that you had a misunderstanding about the payment terms, it may be a defense.
• Insufficient Evidence: The prosecution must present sufficient evidence to prove all elements of the offense beyond a reasonable doubt. Attorney Rosen can challenge the sufficiency of the evidence, arguing that there is no proof that you obtained the services without paying or that you intended to avoid payment.
• Mistake of Fact: If you genuinely believed you had paid for the services or that you were entitled to receive them for free, it could be a defense.
• Valid Contract Dispute: If there is a legitimate dispute over the terms of a contract or the quality of the services provided, it may not be considered theft of services.
• Constitutional Violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, Attorney Rosen can file motions to suppress any evidence obtained illegally. This can significantly weaken the prosecution’s case and potentially lead to a dismissal of the charges.
• Intoxication: In some cases, if you were so intoxicated that you were unable to form the intent to avoid payment, it may be a defense. However, voluntary intoxication is generally not a complete defense to a crime.

FAQs About Theft of Services Charges in Elizabeth, New Jersey

1. What should I do if I’m accused of theft of services?

   The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the allegations without legal counsel present. Anything you say can be used against you, even seemingly innocent statements.

2. Can a theft of services charge be downgraded in New Jersey?

   In some cases, depending on the specific circumstances and the strength of the evidence, a theft of services charge may be downgraded to a lesser offense through plea negotiations or by presenting a strong defense in court. An attorney can assess the evidence and advise you on the likelihood of a downgrade.

3. Will a theft of services conviction affect my immigration status?

   If you are not a U.S. citizen, a theft of services conviction can have serious immigration consequences, including deportation. This is because theft of services is considered a crime of moral turpitude, which can negatively impact your immigration status.

4. What is the difference between theft of services and theft by deception?

   Theft of services involves obtaining services without paying or with the intent to avoid payment, while theft by deception involves obtaining property through fraudulent means, such as making false statements or promises. Both offenses are serious and carry significant penalties, but the specific elements and defenses may differ.

5. What is the statute of limitations for theft of services in New Jersey?

   The statute of limitations for theft of services in New Jersey is typically five years for indictable crimes, meaning that you can be charged within five years of the alleged offense. 

FAQs Continued

1. Can I be charged with theft of services if I genuinely forgot to pay?

   If you can demonstrate that you genuinely forgot to pay and made a reasonable attempt to rectify the situation once you realized your mistake, it may not be considered theft of services. However, the prosecution may argue that your actions were intentional or reckless.

2. What if I disputed the charges for the services and refused to pay?

   If you have a legitimate dispute over the charges or the quality of the services provided, it may not be considered theft of services. However, you should make a good faith effort to resolve the dispute with the service provider before refusing to pay.

3. What if I was a minor when I committed the theft of services?

   Even if you were a minor when you committed the offense, you can still face charges in juvenile court. However, the juvenile justice system focuses on rehabilitation rather than punishment, and the potential consequences may be less severe than in adult court.

4. How can a criminal defense attorney help me if I’m facing a theft of services charge?

   An experienced attorney like Brett M. Rosen, Esq., can:

   • Thoroughly investigate the circumstances of the alleged theft of services
   • Identify and interview potential witnesses
   • Analyze the evidence against you and challenge its admissibility if necessary
   • Negotiate with the prosecutor for a reduced charge or alternative sentencing
   • Provide a strong and strategic defense at trial

5. What if I intended to pay for the services later?

   If you can prove that you intended to pay for the services later but were unable to do so at the time, it may be a defense. However, the prosecution may argue that your intention to pay was not genuine or that you had no reasonable expectation of being able to pay.

Don’t Face a Theft of Services Charge Alone in Elizabeth!

A theft of services charge is a serious matter that can have lasting consequences for your life and future. Don’t face these charges alone. Contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your rights and achieve the best possible outcome. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that less than 1% of attorneys in New Jersey hold. He’s been interviewed by Fox Live Now and NTD News, as well as quoted by Fox News and Arabian Business. Call him today for a free consultation at 908-312-0368 & brett@nynjcriminalcivilesq.com.