Understanding New Jersey’s Law on Injunctive Relief for Theft Crimes

New Jersey statute 2C:20-21 provides the framework for obtaining injunctive relief related to certain theft crimes in the state. This section allows the Attorney General or other persons to file civil actions seeking court orders to prevent continuing violations of New Jersey’s laws on theft and related offenses (full statute text).

Overview of Injunctive Relief Under 2C:20-21

New Jersey’s injunctive relief statute allows the Attorney General or “any person” to file a civil action in Superior Court seeking a temporary or permanent injunction for violations of Chapter 20 of Title 2C, which covers theft and related offenses. This includes crimes such as shoplifting, computer theft, fencing stolen property, theft of services, and unlawful taking of means of conveyance.

If the court finds there is reasonable cause to believe a defendant is engaging or about to engage in an ongoing violation of these laws, it may grant injunctive relief “to prevent the conduct.” This can include issuing restraining orders against further violations or entering any order “necessary to prevent the continued commission of the violation.”

Injunctive relief under 2C:20-21 focuses on stopping future or continuing violations. It does not allow the court to award damages or other monetary compensation for past harms. However, an injunction can potentially stop the accrual of additional damages from an ongoing scheme.

How Injunctive Relief Applies to Theft Crimes

For theft and related offenses in New Jersey, injunctive relief aims to prevent continued violations of criminal statutes. It operates separately from filing criminal charges, obtaining search warrants, or pursuing asset seizures.

Potential uses of injunctive relief for theft crimes include:

• Stopping an active shoplifting ring targeting retail stores
• Blocking the sale of stolen goods online or through unlawful fencing operations
• Freezing assets derived from or used to facilitate criminal schemes
• Prohibiting access to protected computers being illegally accessed or hacked
• Barring entry to physical premises being used for fencing or trafficking stolen property

Injunctive relief focuses on cutting off future violations and securing evidence. It does not establish criminal liability. However, preventing further harm through an injunction can support subsequent criminal prosecution or asset forfeiture in appropriate cases.

Pros and Cons of Pursuing Injunctive Relief

Seeking injunctive relief through a civil action has some advantages but also important limitations to consider.

Potential Benefits

• Can provide rapid response to stop immediate harm
• Alternative when criminal charges are not feasible
• Secures key evidence about violations
• Avoids accrual of further damages
• Supports later criminal prosecution

Possible Drawbacks

• Does not establish criminal liability
• Limited to future or ongoing acts
• Requires meeting civil burden of proof
• Injunctions can be challenging to enforce
• Need to follow exact statutory process

Consulting with an attorney experienced in New Jersey’s injunctive relief laws is essential to evaluate if pursuing a civil action is appropriate. Key issues to assess include the scope of harms involved, strength of evidence, complexity of proceedings, and the court’s powers to order relief addressing the specific violations at issue.

Injunctive Relief Procedures and Defenses

There are important procedures and defenses involved when seeking injunctive relief under 2C:20-21. The law incorporates general provisions governing injunctions and restraining orders used in civil cases.

To obtain emergency relief, an applicant typically must show:

• Reasonable likelihood of success on the merits
• Immediate and irreparable harm without the injunction
• Greater injury from denying relief than granting it
• Public interest favors granting relief

Defendants can argue failure to meet these standards or that:

• The court lacks authority or jurisdiction
• There are adequate alternative legal remedies
• The balance of equities tilts against injunctive relief
• Public policy concerns weigh against granting relief

Courts have discretion in shaping injunctions and may require posting bonds while appeals are pending. Violating injunctions can lead to civil or criminal contempt sanctions.