Millburn NJ Shoplifting Lawyer

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Shoplifting Attorneys in Millburn NJ

Have you been accused of shoplifting in Millburn, New Jersey? If so, it is essential that you speak to an experienced criminal defense attorney as soon as possible. New Jersey as a whole but more importantly, the Millburn Municipal Court takes shoplifting offenses very seriously. This is probably do in large part to the sheer volume of shoplifting charges that they are forced to deal with each and every year, with the majority of them coming from the Short Hills Mall. These charges are typically prosecuted to the fullest extent of the law. At Preotta & Oliver, we feel the courts, whether it be the Millburn Municipal Court or the Essex County Superior Court, are trying to send a message to the public at large, that shoplifting will not be tolerated. As you will see below, shoplifting can either be a disorderly persons offense, which is New Jersey’s version of a misdemeanor or a felony offense. So, the penalties can range anywhere from a small fine up to a decade behind bars. If you have been arrested and charged with shoplifting at stores like Macy’s, Neiman Marcus, JCPenny, Sephora, Best Buy, Lord & Taylor, Nordstrom’s or elsewhere in Millburn, the Law Offices of Proetta & Oliver can help. At our office, we take these charges very seriously and well will aggressively challenge the evidence presented against our clients. We understand what a shoplifting conviction can do to someone’s life. As such, we are dedicated to making sure that no stone is left unturned when it comes to defending these types of charges. If you would like to speak to one of our New Jersey shoplifting defense attorneys about your options, then please contact us at (732) 856-9959. We can go over the specifics of your case and we will give you our honest feedback on how we think we can be of assistance. Now here is some more information on shoplifting charges.

Is Shoplifting a Felony or a Misdemeanor?

Shoplifting is one of those hybrid offenses that can either a felony or a misdemeanor in New Jersey. Pursuant to NJSA 2C:20-11b, shoplifting is either a second, third or fourth degree felony offense or a disorderly persons offense (misdemeanor). The underlying degree of the shoplifting offense will dictate what the potential penalties are and what court has jurisdiction over the case. All felony level shoplifting charges that occur in the Township of Millburn will be transferred to the Essex County Superior Courthouse in Newark for disposition. Conversely, all disorderly persons offenses, will be sent to the Millburn Municipal Court for disposition. Here is a few example which may better help illustrate who will have jurisdiction.

For example, if someone is alleged to have shoplifted more under $200 worth of merchandise from Macy’s at the Short Hills Mall, then they will be forced to appear in the Millburn Municipal Court, which is located at 435 Essex Street to litigate the charges. Conversely, if the same person shoplifts more than $200 worth of merchandise from Macy’s at the Short Hills Mall, then they will be forced to litigate those charges in the Essex County Superior Courthouse, which is located at 50 West Market Street in Newark.

With that being said, an experienced New Jersey shoplifting defense attorney may be able to convince the Essex County prosecutor’s office to either downgrade the charges the back to the Millburn Municipal Court or to the Special Remand Court that is located inside the Essex County Superior Court. Either way, if the charges are downgraded, the individual will no longer be dealing with felony offenses anymore, which as you will see below, could be the difference between receiving a fine and a ten year prison sentence. For more information on shoplifting offenses in Millburn, please contact our office at (732) 856-9959. Here is a simple chart that will breakdown the different shoplifting degrees in New Jersey.

Degree

Dollar Amount of the Merchandise

2nd Degree

More than $75,000

3rd Degree

More than $500 but less than $75,000

4th Degree

More than $200 but less than $500

Disorderly Persons Offense

Less than $200

Will I go to Jail For Shoplifting in NJ?

More often than not, the degree of the shoplifting charge and the individual’s prior criminal history, especially if there are any shoplifting convictions, will play a major role in whether or not they receive jail time. With that being said, pursuant to NJSA 2C:20-11b, an individual convicted of a third or subsequent shoplifting conviction, regardless of the degree, must be sentenced to at least 90 days in jail. Here is a chart that will illustrate the potential jail time for each degree of shoplifting.

Degree

Dollar Amount of the Merchandise

2nd Degree

5 to 10 Years

3rd Degree

3 to 5 Years

4th Degree

Up to 18 Months

Disorderly Persons Offense

Up to 6 Months

Shoplifting Defense Lawyers in Millburn NJ

As you can see the penalties for shoplifting in New Jersey are no laughing matter. These are very serious charges and they are usually prosecuted to the fullest extent of the law. That is why we strongly recommend that if you or a loved one has been arrested for shoplifting, receiving stolen property, theft of moveable property, fencing, possession of burglary tools or robbery in Millburn or elsewhere in Essex County that you speak to an attorney as soon as possible. The criminal defense attorney at Proetta & Oliver have probably combined handled more than a 1,000 shoplifting offenses throughout their careers. We have extensive experience when it comes to defending those accused of shoplifting in Millburn. If you would like to speak to one of our attorneys today, then please contact us at (732) 856-9959.