Essex County Shoplifting Defense Lawyer.

In some shoplifting charge cases in Essex County, NJ, you get hit twice. You get a criminal charge from the state, plus a civil demand for money from the store. Paying the store money may feel like paying a fine, but it does not fix the charge. The criminal court process is controlled by the prosecutor. The store’s process is controlled by the store. To know how a case might be defended, have a criminal defense lawyer look at the summons.

The law grades shoplifting based on dollar value. Something under two hundred dollars could count as a disorderly persons offense, not a crime. Something over $500 could count as a third-degree crime. A first conviction could require at least 10 days of community service. A third or later conviction could mean at least 90 days of jail.

Most disorderly persons shoplifting cases are heard in the municipal court for the town where it was alleged to have happened. Anything indictable is heard in the Essex County Criminal Division, with jurisdiction over indictable criminal cases, and located in the Veterans Courthouse, 50 West Market Street, Newark.

Civil Recovery Claim

The money the store is demanding is not a fine, it is a demand in a separate civil proceeding under N.J.S.A. 2A:61C-1. Ignoring it is not a crime. Not paying it could get you sued, though. The loser of the store’s lawsuit pays the reasonable attorney’s fees and costs of the winner. So if you win, you might get yours paid.

The demand will probably include more than the law allows. Merchants get the value of goods not returned in original condition. The value is capped at $500. They get additional damages, but those damages may not include the merchant’s own time and wages. They can also ask for a civil penalty up to $150, which is a ceiling, not the automatic amount.

Before suing, the store or its agent has to send written notice to the last known address, giving 20 days to respond. A conviction or even a criminal charge is not needed to make a civil recovery claim. The process does not apply where the goods taken have a value above $500. If you pay, you may want a written release from the merchant. Parents with custody are liable for shoplifting by their minor children.

Sending the store a letter explaining what happened does not make a criminal charge disappear either. Any letter you write, or evidence that you do pay, may be used in the criminal court case. Don’t write a letter you will be sorry for later without getting counsel.

Repaying Damage and Loss

Restitution in criminal cases is separate. A prosecutor can ask for it. Repaying damage and loss is often part of a resolution, especially a conditional dismissal or Pretrial Intervention. Prosecutors are not supposed to ask a defendant to pay the store’s civil penalties as part of a plea.

In a shoplifting case, a prosecutor may agree that a plea shall not be used in evidence in a later civil suit. But this protection only counts in the civil proceeding. Your letter to the store, explaining your side of things, gets no such special protection.

Conditional Dismissal is meant for municipal court cases, and for first offenders. PTI is for Superior Court cases. A successful diversion may dismiss a charge at the end, without a conviction. Application fees may run $75, but they may be waived for PTI if your finances justify it.

If you cannot afford a lawyer in a municipal court case, you can apply for a municipal public defender. The application fee may be up to $200. That fee may be waived if you clearly show that it would be an unreasonable burden, or paid over no more than four months.

Use the 20 Days That the Law Gives You

Don’t get excited and write a letter yet. Use the 20 days that the law gives you. Check the numbers demanded against the police report, and against the $500 and $150 caps. The claim can be negotiated and put to bed. You can ignore the claim but it could lead to a lawsuit. Check to see if it is even the right person in the video. You have the right to dispute any of it. But get advice to make sure.

Pay only when a lawyer advises it. Get a written release to cover you later. If you already paid the retail value and up to $150 as the civil penalties, then the store cannot sue you. Same options for parents of a minor, but juvenile court process is separate.

A civil recovery letter should say the store name, date, location, item and amount, and be sent to your last known address. It is common for stores to have hired recovery firms. But be suspicious if you only got an email or a text, it asks for gift cards, bitcoin, or other “irreversible” transfers of value, or it threatens arrest. Do not call the number on the letter. Use a number you have found on your own and see if the letter is genuine.

A store can send you the pre-suit notice without there being a police report. And police can charge you without there being a store claim. These are two different things. A Summons or Complaint from a court starts a lawsuit. And a lawsuit requires an answer.

On the criminal side, in most cases, a disorderly persons conviction may be expunged five years after you finish your sentence, and pay all fines and costs. A Clean Slate clears the whole record once 10 years have passed since the last conviction, parole, probation or payment, whichever is latest.

Even though your criminal charge and the store’s letter are separate, the things you do to deal with one might affect the other. So bring your whole package, complaint and store demand, to an Essex County shoplifting defense lawyer early. Don’t pay anything, plead to anything, or write anything without legal advice.