Facing Shoplifting Charges in Kenilworth, NJ? Your Defense Starts with Brett M. Rosen, Esq.
Shoplifting Attorney Kenilworth, NJ
Shoplifting Charge Attorney Kenilworth, New Jersey
Have you been accused of shoplifting in Kenilworth, New Jersey? The experience can be deeply stressful and embarrassing, but it’s important to remember you have rights and options. Whether it was a simple mistake, an act of desperation, or a misunderstanding, a shoplifting charge carries serious consequences. Don’t face this challenge alone.
Brett M. Rosen, Esq., is an experienced criminal defense attorney specializing in shoplifting cases in Kenilworth and throughout Union County. We understand the complexities of New Jersey’s shoplifting laws and the potential impact these charges can have on your life. Our firm is dedicated to providing you with aggressive representation, compassionate support, and personalized legal strategies to protect your rights and achieve the best possible outcome.
Understanding Shoplifting Charges in Kenilworth, NJ
Shoplifting, also known as retail theft, is the act of taking merchandise from a store without paying for it. In New Jersey, shoplifting is a serious offense that can be charged as a disorderly persons offense (similar to a misdemeanor) or a felony, depending on the value of the merchandise stolen.
Different Degrees of Shoplifting in New Jersey
- Shoplifting as a Disorderly Persons Offense: If the value of the stolen merchandise is less than $200, the offense is typically considered a disorderly persons offense.
- Shoplifting as a Fourth-Degree Crime: If the value of the stolen merchandise is between $200 and $500, the offense is a fourth-degree crime.
- Shoplifting as a Third-Degree Crime: If the value of the stolen merchandise is between $500 and $75,000, the offense is a third-degree crime.
- Shoplifting as a Second-Degree Crime: If the value of the stolen merchandise exceeds $75,000, the offense is a second-degree crime.
The severity of the charge and the potential penalties will depend on the value of the stolen merchandise. However, it’s important to note that even a disorderly persons offense for shoplifting can result in a criminal record, which can have long-term consequences.
Penalties for Shoplifting in Kenilworth
The penalties for shoplifting in Kenilworth can be severe, even for first-time offenders. The specific consequences will depend on the degree of the crime, your criminal history, and the circumstances of your case. However, potential penalties include:
- Fines:
- Disorderly persons offense: Up to $1,000
- Fourth-degree crime: Up to $10,000
- Third-degree crime: Up to $15,000
- Second-degree crime: Up to $150,000
- Jail Time:
- Disorderly persons offense: Up to 6 months in jail
- Fourth-degree crime: Up to 18 months in prison
- Third-degree crime: 3 to 5 years in prison
- Second-degree crime: 5 to 10 years in prison
- Restitution: You may be required to reimburse the store for the value of the stolen merchandise, as well as any additional costs incurred due to the theft.
- Community Service: Often imposed as a condition of probation or a plea agreement.
- Probation: May be required instead of or in addition to jail time.
- Criminal Record: A shoplifting conviction will result in a criminal record, which can impact your future job prospects, housing, and other opportunities.
- Civil Liability: The store may sue you for damages in civil court, seeking compensation for the stolen merchandise and other losses.
| Offense Level | Value of Stolen Merchandise | Degree of Crime | Potential Penalties | Additional Considerations |
| Shoplifting | Less than $200 | Disorderly Persons Offense (Misdemeanor) | – Up to 6 months in jail | – First-time offenders may qualify for diversionary programs or conditional discharge. |
| – Fines up to $1,000 | – Even with lower-level offenses, a conviction can result in a permanent criminal record. | |||
| – Community service (typically 10 days for a first offense, increasing with subsequent offenses) | – Restitution to the store may be ordered. | |||
| Fourth-Degree Shoplifting | $200 – $500 | Fourth-Degree Crime (Felony) | – Up to 18 months in prison | – Penalties can be enhanced if the offender has prior convictions or if the victim is elderly or disabled. |
– Fines up to $10,000 | ||||
| Third-Degree Shoplifting | $500 – $75,000 | Third-Degree Crime (Felony) | – 3 to 5 years in prison | |
– Fines up to $15,000 | ||||
| Second-Degree Shoplifting | Over $75,000 | Second-Degree Crime (Felony) | – 5 to 10 years in prison | |
– Fines up to $150,000 |
How Brett M. Rosen, Esq. Can Defend You Against Shoplifting Charges
Brett M. Rosen, Esq. is dedicated to providing you with the highest quality legal representation for your shoplifting case. We understand the complexities of these cases and will work tirelessly to protect your rights andinterests. Our approach includes:
- Thorough Investigation of the Evidence: We will meticulously review all evidence against you, including surveillance footage, witness statements, police reports, and any other relevant information. We will leave no stone unturned in our search for evidence to support your defense.
- Challenging the Prosecution’s Case: We will scrutinize the evidence for weaknesses, inconsistencies, and potential violations of your rights. We may challenge the way evidence was collected, preserved, or presented.
- Exploring All Possible Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options. This may include defenses such as:
- Lack of Intent: Arguing that you did not intend to steal the merchandise, perhaps due to confusion, forgetfulness, or a mistake.
- Duress or Coercion: If you were forced or coerced into shoplifting by another person, this may be a valid defense.
- Mistake of Fact: If you genuinely believed you had permission to take the merchandise or that it was free, this could be a defense.
- False Accusation: We will investigate if you were wrongly accused or misidentified, potentially challenging witness credibility or store security procedures.
- Insufficient Evidence: If the prosecution’s case lacks sufficient evidence to prove the elements of shoplifting beyond a reasonable doubt, we can argue for dismissal of the charges.
- Negotiating with Prosecutors: We have a proven track record of negotiating favorable plea agreements with prosecutors, potentially reducing charges, minimizing penalties, or even securing dismissal of the case.
- Experienced Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in Kenilworth Municipal Court. We will advocate for your rights, cross-examine witnesses, and present a compelling case in your defense.
Frequently Asked Questions About Shoplifting Charges in Kenilworth, NJ
- What should I do if I am accused of shoplifting in Kenilworth, NJ? The first and most important step is to remain silent and contact an attorney immediately. Do not speak to the police or anyone else about the incident without legal counsel present.
- Can a shoplifting charge be expunged from my record in New Jersey? In some cases, it may be possible to expunge a shoplifting charge from your record after a waiting period. However, this is a complex process, and it’s essential to consult with an attorney to determine your eligibility.
- Will a shoplifting conviction affect my employment? Yes, a shoplifting conviction can negatively impact your employment prospects, especially in jobs that require handling money or dealing with the public. It could also affect your current employment, depending on your employer’s policies.
- What is the difference between shoplifting and theft? In New Jersey, shoplifting and theft are essentially the same crime. However, shoplifting specifically refers to the act of taking merchandise from a store without paying for it.
Contact Brett M. Rosen, Esq. Today for a Free Consultation
If you’re facing shoplifting charges in Kenilworth, New Jersey, don’t wait. Contact Brett M. Rosen, Esq. today for a free consultation to discuss your legal options. We’re here to fight for your rights and help you move forward with your life. 908-312-0368 & brett@nynjcriminalcivilesq.com.