Diversion Programs for Shoplifting Charges in New Jersey

Diversion Programs for Shoplifting Charges in New Jersey

Shoplifting charges in New Jersey can carry serious penalties, including jail time, fines, and a permanent criminal record. However, for many first-time offenders there are alternatives to traditional prosecution known as “diversion programs.” These programs provide a way for individuals charged with certain offenses to avoid a formal conviction while still being held accountable for their actions.

What is a Diversion Program?

A diversion program is essentially a form of probation that allows a defendant to have their charges dismissed after successfully completing a period of supervision. The requirements vary by program but often involve counseling, community service, restitution payments, and staying out of further legal trouble.

In New Jersey, the main diversion program for shoplifting charges is called Pretrial Intervention (PTI). PTI provides defendants with an opportunity to earn a dismissal rather than face prosecution. There are also similar programs called Conditional Discharge and Conditional Dismissal that serve comparable purposes.

Eligibility for Diversion Programs

Diversion programs like PTI have strict eligibility rules. In general, they are limited to first-time offenders charged with low-level, non-violent offenses. For shoplifting charges specifically, factors considered include:

• Defendant’s criminal history
• Circumstances of the alleged offense
• Value of merchandise stolen
• Defendant’s personal background and traits

Prosecutors have significant discretion over admission into PTI. However, defense attorneys can argue for a client’s acceptance by emphasizing positive factors. For example, showing genuine remorse, lack of prior record, and steps already taken to address any underlying issues that contributed to the incident.

The Pretrial Intervention (PTI) Program

Pretrial Intervention or “PTI” is the most widely used diversion program in New Jersey. Successful completion results in dismissal of the original criminal charges. The requirements to earn dismissal typically involve:

• 12 to 36 months of supervised probation
• Fines and restitution payments
• Counseling or substance abuse treatment
• Community service hours
• Periodic monitoring and drug testing
• No new arrests or legal issues

The length of the PTI term depends on the circumstances of each case. Shoplifting incidents generally call for 12 to 24 months of supervision. Defendants who violate any aspect of their PTI program face termination and prosecution on the original charges.

Other Diversion Options

In addition to PTI, there are two other diversion programs under New Jersey law that may apply to certain shoplifting offenses. These are Conditional Discharge and Conditional Dismissal.

Conditional Discharge

This program is somewhat less formal than PTI but also results in dismissal upon successful completion. The requirements are typically limited to 6 to 12 months of unsupervised probation along with fines, fees or restitution payments. Conditional discharge may be an option for low-level shoplifting incidents like stealing merchandise under $500.

Conditional Dismissal

This diversion program is very similar to PTI in that it involves formal supervised probation over 12 to 36 months. The difference is there is no requirement for counseling, treatment or community service hours. Conditional dismissal provides another alternative to avoid a conviction for eligible first-time shoplifting defendants.

The Benefits of Diversion Programs

There are several advantages to entering a diversion program compared to traditional prosecution. Most significantly, successful completion results in dismissal of the original criminal charges. This means no conviction, prison time or permanent criminal record.

Other benefits include:

• Avoid impact on future employment, education or housing opportunities
• Prevent loss of certain licenses or government aid programs
• Lower legal fees compared to a full criminal trial
• Opportunity to avoid stigma of a theft conviction

However, these programs do require an admission of guilt upfront. There are also strict eligibility rules and demands for compliance. Failing to complete PTI or another diversion option likely means facing prosecution on the original charges.

Consulting an Attorney

The application process for diversion programs can be complex. Having an experienced criminal defense attorney assist greatly improves the chances of acceptance. Defense lawyers know how to present each case in the best possible light while navigating strict eligibility rules.

In particular, lawyers can advise on all available options based on the specific circumstances of each shoplifting incident. This includes assessing whether to apply for PTI, Conditional Dismissal, Conditional Discharge or instead take the case to trial. Their guidance and advocacy through every stage provides the greatest opportunity for the most favorable outcome.