Target Shoplifting Charges Dismissed Against Non-Citizen
Our Jersey City shoplifting attorneys recently defended a client who had been charged with shoplifting a Bose stereo system from Target in Jersey City. The allegation was that our client had placed the stereo in his shopping cart and past by the last point of sale on his way to exit the store. However, before he could exit he was approached by Target loss prevention officers who escorted him into the back of the store and called the Jersey City police to arrest him for shoplifting under 2C:20-11b(1). The stereo was worth over $465.00 so the matter was originally charged under a fourth degree shoplifting crime and sent the Hudson County Superior Court. However, shortly after his arrest our client left the country for an extended period of time and a warrant was issued for his arrest. This warrant stayed in place for approximately three years until our client returned to the United States and attempted to clear his record. It was at that time that he contacted our firm to help him in his defense.
We began our representation by requesting all the documents from the police department and Target that the court had in their records. The prosecutor was quickly able to supply the police report but Target failed to produce any video of the actual alleged shoplifting or a report from their security guard. Since the police were not present at that time of the incident and did not witness the alleged shoplifting, we objected to their testimony and that evidence being used against our client. Eventually, the case was set for a trial in order to put the State to it’s burden and prove the case against our client. On the day of trial, the State’s witnesses including the loss prevention officer from Target failed to appear and our New Jersey shoplifting lawyers made a motion to dismiss all the charges against our client. After hearing arguments from both sides, the judge agreed with the defense and granted our motion to dismiss the charges against our client. Based on the dismissal, the judge released the bail our client had posted for the past warrant and signed an expungement order to erase the shoplifting arrest. If you or your loved one has been charged with a shoplifting crime like the client above, you can contact our office today for a free consultation.
State v. H.W. decided on September 28, 2017