What Are The Civil Penalties for Shoplifting in New Jersey?

Shoplifting can lead to serious criminal charges in New Jersey, but many people don’t realize there are also civil penalties that stores can pursue against shoplifters. This article will explain how civil demands work, how much you can be fined, and what defenses you may have.

How Civil Demands Work

Under New Jersey law, stores have the right to demand up to $150 in civil penalties plus damages and attorneys fees from anyone caught shoplifting from them (see the law here). This is known as a civil demand letter.

Stores will typically send civil demand letters to both adults and juveniles accused of shoplifting. The letter will list the amount of civil penalties, damages, and legal fees the store is demanding. For example, if you were accused of stealing a $50 item, the store may demand $150 in civil penalties plus $50 in damages, totaling $200. The letter will instruct you to pay the amount within a certain timeframe, often 10-20 days.

It’s important to note that civil demand letters are separate from criminal charges. You can receive a civil demand even if no criminal charges are filed. The store does not need to prove your guilt beyond a reasonable doubt like in a criminal case. They only need to establish a “preponderance of evidence” that you shoplifted.

Fines Up to $150 Plus Damages and Attorneys Fees

The civil penalties set by law in New Jersey cannot exceed $150 per incident (see the statute here). However, stores can also demand compensation for the value of damaged or stolen goods up to $500.

In addition, if the store uses an attorney to pursue the civil demand, they can recoup reasonable attorneys fees by law. So in reality, the civil penalties can far exceed $150 once damages, fees, and other costs are added on.

The fees can add up quickly, as attorneys may charge $200-500 per hour. Some civil demand letters threaten to take you to court if you do not pay promptly. This is done to pressure people into paying, since court costs and lawyers fees can escalate rapidly.

Parents Are Also Liable for Minor’s Shoplifting

If the accused shoplifter is a minor, the civil penalties extend to their parents under New Jersey law (see this source). The store can pursue the parents for up to $150 in civil penalties plus damages and attorneys fees.

The law has an exception for parents who have lost legal custody, such as through divorce. But otherwise, stores routinely send civil demand letters to parents of minors accused of shoplifting.

Don’t Ignore the Letters – Get Legal Advice

It’s common for people to want to ignore civil demand letters, hoping they will just go away. This is usually a mistake. An experienced criminal defense lawyer can often negotiate with the store’s attorney to reduce the penalties. They may be able to get them dismissed entirely or settled for a fraction of the original demand.

According to defense lawyers, it’s rare for stores to actually pursue shoplifters in court over civil demands. They count on people simply paying out of fear. With an attorney on your side, you may be able to call their bluff.

Paying Demands Can Backfire on Criminal Case

One reason you should never pay a civil demand without legal advice is that it can harm your criminal case down the road. Anything you say or do with regards to the civil case can potentially be used against you by the prosecution (see this source).

Paying the civil penalties can be construed as an admission of guilt. This gives the prosecution more leverage against you. An attorney can advise you on how to handle the civil case in a way that does not jeopardize your defense.

Conviction Required for Attorneys Fees

One important defense is that the store cannot recover attorneys fees unless you have been criminally convicted of shoplifting. Their lawyers must prove there was an actual conviction, not just an accusation.

Many shoplifting cases end up dismissed or downgraded to lesser offenses that are not technically “shoplifting.” If this happens, then the store cannot recoup legal costs by law (see the statute here).

Juvenile Penalties May Be Reduced

For juveniles, there may be additional defenses against high civil penalties. The store may be willing to settle for less money, community service hours, or agree not to pursue the parents at all.

Stores want to avoid being perceived as going after children excessively. And parents can often make a good case for reduced penalties by arguing the fines would impose an unfair hardship on the family.

Get Legal Help Fighting Civil Demands

Don’t take on store civil demands alone. Consult an experienced criminal defense lawyer who also handles civil demands for shoplifting. They will advise you on the best strategy and potentially negotiate a much better outcome.

Fighting the civil penalties is also critical to protect your criminal case. Letting your desire to avoid civil fines rush you into a bad plea deal could haunt you for years.

Shoplifting charges are complicated enough without the added stress of civil demands. With an attorney guiding you, you can hopefully mitigate or avoid the civil penalties while also achieving the best resolution for your criminal case.