Disorderly Persons Shoplifting Charges

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Toms River NJ Shoplifting Attorneys

Being charged with shoplifting can be a very traumatic event for most people. Being taken into custody, placed in handcuffs, charged with a criminal offense and being told you must appear in court can cause anyone to panic. However, hiring the right criminal defense attorney can go a long way to relieving some of that stress. The right attorney, one who not only knows the charges and every little possible defense but one who knows the court as well is crucial to successfully defending these types of charges. If you have been charged with shoplifting and the value of the items was less than $200.00 you will facing a disorderly persons offense shoplifting offense. A disorderly persons offense is New Jersey’s version of a misdemeanor. As you will see below, anyone convicted of this offense will be facing not only jail time but high fines and community service as well.

If you have been accused of shoplifting at stores like Macy’s, Lord & Taylor, Shop Rite, Home Depot, Walmart, JcPenney, Apple, Sephoria or any other retail store for that matter, the Law Offices of Proetta & Oliver can help. Our attorneys have been defending clients accused of shoplifting in towns throughout New Jersey, including towns like Paramus, Woodbridge, Edison, Freehold, Lawrence, Brick, Rockaway, Bridgewater Millburn, Jersey City and Middletown for almost a decade now. If you would like to discuss your options with one of our New Jersey Shoplifting Defense attorneys then please contact us directly at(732) 856-9959. As always, our initial consultations are free of costs. Do not let one simple mistake ruin the rest of your life. Now here is some more information on misdemeanor shoplifting charges in New Jersey.

Charged with Shoplifting in New Jersey?

All shoplifting offenses, regardless of the degree will be governed by NJSA 2C:20-11(b). In order to be convicted of shoplifting in New Jersey, the prosecution will be to prove the following elements:

  • That the Defendant purposely:
    • Took possession of;
    • Carried away;
    • Caused to be carried away;
    • Transferred;
    • Caused to be transferred.
  • Any merchandise that was offered for sale by the “victim”
  • The “victim” was a store or other retail mercantile establishment; &
  • The Defendant had the underlying purpose to deprive the “victim” of the merchandise.

In layman’s terms, the offense of shoplifting basically means that a Defendant took some merchandise with the underlying intent of depriving the owner of them. It is important to note here that a Defendant could be charged with shoplifting by any of the following actions:

  • Removing the merchandise from the store;
  • Concealing the merchandise on their body;
  • Completely removing or transferring the price tag.

Will I go to Jail for Shoplifting in NJ?

Provided the value of the merchandise was less than $200, a Defendant will be charged with a disorderly persons shoplifting offense. Although this is the lowest level of shoplifting, the ramifications if convicted are severe. They include up to six months in the county Jail, a fine up to $1,000, fees and assessments totaling $125, a Civil Penalty of $150, community service, probation, restitution and a ban from the store. In addition, any one convicted of a third or subsequent shoplifting offense MUST be sentenced to at least ninety (90) days in the county jail, regardless of the value of the merchandise.

Will I have Immigration Consequences if I am Convicted of Shoplifting in NJ?

A conviction for a shoplifting offense will be considered a crime of moral turpitude, which is the key phrase when it comes to immigration proceedings. This offense will almost certainly have significant immigration consequences for anyone convicted. There is a very good chance that a conviction could initiate deportation proceedings and as such we strongly recommend that you speak to an immigration specialist as soon as possible about your options.

How do I stay out of Jail?

With that being said, New Jersey created a diversionary program known as the Conditional Dismissal Program that certain individuals may be able to take advantage of. If eligible and if successfully completed an individual may be able to walk away from these charges without a criminal record and without serving a day in jail. For more information on this program either click here or contact our office at (732) 856-9959.

Shoplifting Lawyers in Bridgewater NJ

If you have been charged with the offense of shoplifting in New Jersey it is important that you speak to a shoplifting defense attorney as soon as possible about your options. Our office serves all of New Jersey including counties like Bergen, Morris, Somerset, Middlesex, Essex, Hudson, Ocean and Monmouth. If you would like to come in and sit down with one of our shoplifting defense attorneys then please contact us directly at (732) 856-9959.