How can I fight a shoplifting charge in New Jersey?

How to Fight a Shoplifting Charge in New Jersey

Getting charged with shoplifting in New Jersey can be really scary. The penalties seem harsh, and you might not know where to turn for help. But there are things you can do to fight the charges–you have rights! This article will walk you through some of the most effective strategies for beating a shoplifting case in NJ.

Understand the Shoplifting Laws

The first thing to know is that shoplifting charges fall under N.J.S.A. 2C:20-11 in New Jersey law. There are a few key things to understand about how these laws work:

• Shoplifting includes more than just taking merchandise without paying. You can also be charged for concealing items, altering price tags, transferring items to a different container, or under-ringing items at checkout.
• The penalties depend on the value of the allegedly stolen merchandise. The more it’s worth, the harsher the potential punishment.
• Even small thefts under $200 are “disorderly persons offenses” in NJ and can mean fines up to $1000 and 6 months in jail.

So right off the bat, you can see why you need an experienced criminal defense lawyer to fight the charges. Even misdemeanor shoplifting carries serious penalties in New Jersey.

Work with Your Lawyer on the Best Defense Strategies

There are a number of effective legal defenses that a skilled attorney can use to get your shoplifting charges dismissed or reduced. Here are some of the most common strategies:

You Didn’t Take Anything

Just being accused of shoplifting doesn’t make you guilty. If you didn’t actually steal anything, your attorney can argue there is no evidence that a crime was committed. Security footage, receipts, and other records can help prove your innocence.

Lack of Criminal Intent

In New Jersey, prosecutors have to prove you intended to shoplift–it can’t be an honest mistake. Forgetting to pay for an item under your cart or misunderstanding store policies could show you lacked criminal intent.

Unlawful Search or Detention

If store security or police violated your rights by detaining or searching you improperly, evidence against you may get thrown out. Your lawyer can argue the search was illegal.

Mental Health Issues

Shoplifting is sometimes tied to mental illness like kleptomania. Your attorney may be able to get charges dismissed if it can be shown you have a condition requiring treatment, not jail time.

Wrong Description of Items

If the police report or complaint describes the wrong items taken, inaccurately values them, or gets other key details wrong, your lawyer can challenge the credibility of the charges.

Discovery Violations

Prosecutors are required to share all evidence with the defense in a timely manner. If they fail to turn over discovery, your attorney can get evidence thrown out or charges dismissed.

Diversion Programs Offer Second Chances

New Jersey has diversion programs like Pre-Trial Intervention (PTI) that can provide a second chance if you have little or no criminal history. PTI involves probation, fines, and community service, but charges get dismissed after completion. Your lawyer can help you apply for these programs as an alternative to jail time.

What to Do If You or a Child is Charged

Being accused of shoplifting as a juvenile brings added complications. Kids can be detained temporarily, and parents may be contacted. While scary, juvenile charges are handled in family court and penalties are usually less severe. An attorney can negotiate probation or diversion to avoid a permanent criminal record.

The Importance of an Experienced Lawyer

Trying to navigate New Jersey’s shoplifting laws alone is difficult. The penalties seem harsh, and the statutes complex. But an experienced criminal defense lawyer can thoroughly evaluate your case, identify the best defense strategies, and fight to get charges reduced or dismissed. Don’t go it alone. The right attorney can make all the difference.

Fighting shoplifting charges in New Jersey takes knowledge of the law, skill negotiating with prosecutors, and experience getting charges dismissed. The stakes are high, but with an aggressive defense, many shoplifting cases can be won. Don’t wait to seek experienced legal help.