Essex County Theft Charges Lawyer.

If you were arrested on theft charges in Essex County, NJ, how serious your case is depends mostly on the retail value of the items you allegedly stole. A conviction on a serious theft crime can result in expensive fines, a prison term and a lifelong criminal record. If the value of the property you allegedly stole or tried to steal is less than $200, the crime is known as “disorderly persons theft” and is heard in municipal court. If you allegedly stole property valued at $200 or more, the crime is considered an indictable offense (felony) and is heard in the Essex County Superior Court in Newark.

Degree of Theft

The degrees of theft are set out in NJ statute 2C:20-2. If the value of the property you allegedly stole was:

• under $200, then you may be convicted of a disorderly persons offense.
• Between $200 and $500, then you may be convicted of a 4th degree crime.
• Between $500 and $75,000, then you may be convicted of a 3rd degree crime.
• $75,000 or more, then you may be convicted of a 2nd degree crime.

The “degree of theft” can also be determined by the type of item stolen. If the property is a firearm, boat, horse, pet, or taken directly from the person of the victim, it is a third degree crime. Additionally, if the property is taken by extortion, it can be a 2nd degree crime. Under the same statute, it is possible to aggregate the value of property stolen from different victims where it is part of a series of crimes that share a single purpose and a common scheme.

A disorderly persons conviction is punishable by up to 6 months in jail and a $1,000 fine. A 4th degree conviction is punishable by up to 18 months in prison and a $10,000 fine. A 3rd degree conviction is punishable by 3-5 years in prison and a $15,000 fine. A 2nd degree conviction is punishable by 5-10 years in prison and a $150,000 fine. A crime of the 2nd degree carries a presumption of prison time, even for first time offenders.

Under New Jersey criminal code N.J.S.A. 2C:20-11, convictions for shoplifting have minimum mandatory sentences. If you are convicted of shoplifting for the first time, you are required to perform at least 10 days of community service and a third or subsequent shoplifting conviction requires a mandatory 90-day jail sentence.

Diversionary Programs for First-time Offenders

New Jersey does offer diversionary programs for first-time offenders that can help them avoid a criminal record altogether. PTI is the program that is available for those charged with indictable (felony) crimes, and conditional dismissal is for those charged with less serious (disorderly persons) crimes. If you have been charged with an indictable crime and believe you may qualify for a diversionary program, it is best to not hesitate. You must apply for PTI before the “first disposition conference” in your case after arraignment. Diversion requires a $75 application fee, though it can be waived if you cannot pay.

Build a Defense

Where the degree of theft depends on the value of the property, or the value of the property is used to aggregate offenses, that value can be challenged by an experienced criminal defense lawyer. That is because it is up to the state to prove not only that you took or attempted to take the property, but also to prove the value of that property. Each allegation in a case must be proven beyond a reasonable doubt. Replacement cost may be an inflated figure, and stores often rely on it. In some cases it is entirely possible to have the crime downgraded by having the value of the items reduced.

Police are sometimes overzealous, conducting searches that later turn out to have been illegal. If police violate a suspect’s constitutional rights, evidence gained in the course of the illegal search may be excluded from trial. If you were arrested or placed in custody, you must be informed of your right to remain silent and your right to an attorney. A violation can result in the suppression of evidence, including confessions.

You should get an experienced criminal defense lawyer to protect your rights and build a defense. The earlier in your case you do this, the better off you will be. If you cannot afford to hire a lawyer, the New Jersey Public Defender is a government agency that can provide legal representation. If you are applying for a public defender, you must fill out a 5A financial statement. This document asks for your financial information, such as your income, expenses, and assets, so the court can determine whether you qualify for a public defender.

Any criminal conviction remains on your permanent criminal record forever unless and until it is expunged. Certain crimes can be expunged in New Jersey. Crimes such as 4th degree crimes and 3rd degree crimes may be expunged, usually after a five-year wait.