What Are Your Rights If Accused Of Shoplifting In New Jersey?
Shoplifting is a crime often thought of as a minor or juvenile offense. However, in New Jersey, shoplifting is still considered a serious offense, a conviction for which is punishable by jail time and/or costly fines. As a theft crime, a shoplifting conviction can also leave a person with a mark on their criminal record and repercussions on their personal and professional lives.
Getting charged with and convicted of shoplifting in New Jersey can have life-altering consequences. It is important to take the appropriate steps to protect yourself if you are accused of shoplifting in New Jersey by seeking help from an experienced New Jersey shoplifting attorney who can assist you in understanding your rights and building a strong legal defense in your case. Contact Lustberg Law Offices, LLC today at (201) 880-5311 to schedule a consultation.
Shoplifting Penalties in New Jersey
Shoplifting can be charged either as a disorderly persons offense or an indictable offense depending on the value of the property alleged to have been stolen.
Disorderly Persons Offense
A person alleged to have stolen property valued at $200 or less will be charged with Shoplifting as a Disorderly Persons Offense and the matter will be handled at the Municipal Court in the town where the alleged offense occurred. A conviction for Shoplifting as a Disorderly Persons Offense can be punishable with the following penalties:
- Up to six months in a county jail
- Probation
- Suspension of the defendant’s driver’s license
Fourth-degree Indictable Offense
A person alleged to have stolen property valued at more than $200 but not exceeding $500 will be charged with Shoplifting as a fourth-degree crime and the matter will be handled at the Superior Court in the county where the alleged offense occurred. They may also be subject to the following penalties if convicted.
- Up to 18 months in prison
- Probation
- Suspension of the defendant’s driver’s license
Third-degree Indictable Offense
A person can be charged with third-degree indictable shoplifting if they are alleged to have stolen merchandise with a full retail value of more than $500 but not exceeding $75,000. They may also be subject to the following penalties if convicted.
- From 3 to 5 years in prison
- Probation
- Suspension of the defendant’s driver’s license
Second-degree Indictable Offense
Second-degree indictable shoplifting is the highest grade a person can be charged with for this offense. A person can be charged with second-degree indictable shoplifting if they are alleged to have stolen merchandise with a full retail value of more than $75,000. They may also be subject to the following penalties if convicted.
- From 5 to 10 years in prison
- Probation
- Suspension of the defendant’s driver’s license
In addition to the above, community service can also be imposed depending, in part, on the number of previous shoplifting offenses the defendant has committed. It is also important to remember that even a disorderly persons offense, although the minimum level of shoplifting offense, can still have a great impact on your record as shoplifting may be considered a “crime of moral turpitude” for immigration purposes. A conviction for shoplifting can prevent a person from running for public office or, if an offender is not a US citizen, can result in their deportation or other adverse immigration consequences.
| Offense Level | Value of Stolen Property | Penalties |
|---|---|---|
| Fourth-degree | >$200 but ≤$500 | Up to 18 months in prison, probation, suspension of driver’s license |
| Third-degree | >$500 but ≤$75,000 | 3 to 5 years in prison, probation, suspension of driver’s license |
| Second-degree | >$75,000 | 5 to 10 years in prison, probation, suspension of driver’s license |
How Long Does It Take to Get a Summons for Shoplifting
The time it takes to receive a summons for shoplifting can vary depending on several factors. These factors can include:
- the time necessary for the store or police department to file a complaint,
- the time required for the court to process the complaint and issue a summons, and
- the time needed for the summons to be delivered to the accused individual.
Even if the store releases you, there remains a chance that you may face criminal charges. You might either receive a summons via mail or be asked to report to the police station.
The statute of limitations for shoplifting charges in New Jersey is contingent on the value of the stolen items. If the items are worth less than $200, the offense is classified as a disorderly persons offense, with a statute of limitations of one year from the offense’s detection. This indicates that legal proceedings must commence within one year of discovering the offense.
If the value of the shoplifted items surpasses $200, the offense is deemed an indictable offense or felony. In this case, the statute of limitations extends to five years, providing a longer duration for legal action. Note that the statute of limitations pertains to the maximum allowable time for filing criminal charges. Once this time has passed, the accused individual typically cannot be prosecuted for that specific offense.
Things to Do vs Things to Avoid When Accused of Shoplifting
If you have been accused of shoplifting, it can be easy to feel overwhelmed and panic. In this situation, it is important to remember your rights so you are not taken advantage of.
Remain Calm and Composed
It is completely normal to be shocked or indignant when accused of a crime such as shoplifting. However, you should make sure that you keep a level head and listen attentively to anything that anyone says to you. An accurate recollection of the events can be critically important in establishing your defense. Remaining calm can also prevent the situation from escalating and turning into a physical altercation which can further aggravate any charges filed against you.
Don’t Attempt To Pay for the Item or Make Any Statements To Store Staff
Paying for the item can be construed as an admission of guilt on your part. It is also important to avoid making any sort of statement or providing any personal information. Any statement may be used against you and, while you understandably may want to prove your innocence, any slip of the tongue or misstatement can ultimately prove damaging to your case. While store security may be allowed to detain you for a brief period before the police arrive, you are not obligated to provide them with any information, make any statements or to sign any documents. Only provide your information to police when asked and decline to make any further statements. Store staff may try to get you to sign a document or incident report related to the situation. Under no circumstances should you sign any document presented by them without your attorney present.
Don’t Try To Run Away From the Store or Attempt To Escape
Running from the authorities might seem like an appealing option in the heat of the moment. However, even if there is the possibility that the staff has no legal authority to detain you, it is important to cooperate and let your lawyer address the situation instead. Running away can be seen as an admission of guilt or an attempt to dispossess the store from the use of the item which is one of the elements that can weaken your case.
Seek Legal Help As Soon as You Can
A competent attorney can help you understand your rights and prevent store managers or staff from harassing you for information or admitting to shoplifting. Aside from criminal charges, the store owners can also file a civil lawsuit against you for additional monetary damages. In cases where the store releases you, there is still a likelihood that they will file criminal charges against you and you will either receive a summons in the mail or be asked to report to the Police Station. You must hire a qualified criminal defense attorney who understands the severity of your charges and who will work hard to get the best possible outcome.
Get the assistance of a competent New Jersey shoplifting attorney as soon as you can to build the legal defense you need to maximize the chances of having your charges dismissed. Regardless of the degree of your charges, a conviction can have serious consequences that can affect your personal life and career.
At Lustberg Law Offices, LLC, top-rated criminal defense attorney Adam M. Lustberg provides quality legal assistance and leverages his extensive knowledge of New Jersey law to aggressively defend his clients’ rights and liberty. Our team of legal professionals works diligently to investigate each case and provide personalized legal assistance. Contact us today at (201) 880-5311 for a free initial consultation or fill out our online form to learn more about how we can help you.
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