Shoplifting Attorney Roselle Park, NJ

Shoplifting Attorney Roselle Park, NJ

Don’t Let a Shoplifting Accusation Define Your Future

Have you been accused of shoplifting in Roselle Park, New Jersey? Whether it’s a misunderstanding, a lapse in judgment, or a false accusation, a shoplifting charge is a serious matter with potential consequences that can significantly impact your life. Even if it seems like a minor offense, don’t take it lightly. You need a skilled and experienced legal advocate to protect your rights and guide you through the legal process.

Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against shoplifting charges in Roselle Park. We understand the complexities of New Jersey’s shoplifting laws and have in-depth knowledge of the local court system. Our team of skilled attorneys is dedicated to providing you with aggressive representation, compassionate support, and personalized legal strategies to achieve the best possible outcome.

Why Choose Brett M. Rosen, Esq. for Your Roselle Park Shoplifting Defense?

• Local Expertise: We have extensive experience handling shoplifting cases in Union County, New Jersey. Our attorneys know the local judges, prosecutors, and court procedures, giving us a strategic advantage in your case.
• Proven Track Record: Our firm has a history of successfully defending clients against shoplifting charges, often resulting in dismissals, reduced charges, or favorable plea agreements. We have a reputation for providing aggressive and effective legal representation.
• Client-Centered Approach: We understand that facing criminal charges can be stressful and overwhelming. We take the time to listen to your concerns, explain your options clearly, and develop a personalized defense strategy tailored to your specific needs.
• Affordable Fees: We offer competitive and transparent fees, with no hidden costs or surprises. We understand that receiving a shoplifting charge can be a financial burden, and we work with our clients to provide affordable legal services.
• 24/7 Availability: We know that legal matters don’t always happen during business hours. We offer 24/7 availability to our clients so that you can reach us whenever you need us.

Understanding Shoplifting Charges in Roselle Park, NJ: N.J.S.A. 2C:20-11

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 stolen merchandise.

Types of Shoplifting Charges in New Jersey

• Shoplifting (N.J.S.A. 2C:20-11(b)):
  
  • This is the basic shoplifting offense and covers the intentional taking of merchandise without paying, regardless of the value.
• Shoplifting (N.J.S.A. 2C:20-11(c)):
  
  • This offense applies when someone alters or removes price tags, conceals merchandise, or uses a theft detection shielding device.

Degrees of Shoplifting Crimes:

The severity of the charge depends on the value of the merchandise:

• Disorderly Persons Offense: Merchandise valued under $200.
• Fourth-Degree Crime: Merchandise valued between $200 and $500.
• Third-Degree Crime: Merchandise valued between $500 and $75,000.
• Second-Degree Crime: Merchandise valued over $75,000.

Penalties for Shoplifting in Roselle Park, NJ

The penalties for shoplifting in Roselle Park can be harsh, even for first-time offenders. The consequences can 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
  • Fourth-degree crime: Up to 18 months
  • Third-degree crime: 3 to 5 years
  • Second-degree crime: 5 to 10 years
• Restitution: The court may order you to pay back the store for the value of the stolen merchandise and any additional losses.
• 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, legal fees, and other losses.
• Store Ban: The store may ban you from their premises, even if you are not convicted.

How Brett M. Rosen, Esq. Can Defend You Against Shoplifting Charges

Brett M. Rosen, Esq. is committed to providing comprehensive and personalized legal representation for individuals facing shoplifting charges in Roselle Park. We understand that every case is unique, and we will work tirelessly to build a strong defense strategy tailored to your specific circumstances. Our services include:

• 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 effort to build the strongest possible 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. We will also challenge the credibility of any witnesses against you.

• Exploring All Possible Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.

• Negotiating with Prosecutors: We have a strong 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 Roselle Park Municipal Court. We will advocate for your rights, cross-examine witnesses, and present a compelling case in your defense.

Common Defenses to Shoplifting Charges in Roselle Park, New Jersey

Several defenses can be raised against shoplifting charges, depending on the circumstances of your case:

• Lack of Intent: We can argue that you did not intend to steal the merchandise, perhaps due to confusion, forgetfulness, a mistake, or accidental removal from the store.
• Duress or Coercion: If you were forced or coerced into shoplifting by another person, you may not be held criminally responsible.
• Mistake of Fact: If you genuinely believed you had permission to take the merchandise or that it was free, this could be a valid defense.
• False Accusation: If you believe you were wrongly accused or misidentified, we will investigate the circumstances and work to prove your innocence.
• Insufficient Evidence: If the prosecution’s case relies on weak or unreliable evidence, we can challenge the sufficiency of the evidence and argue for dismissal of the charges.
• De Minimis Infraction: If the value of the stolen item is very small and it was an honest mistake, we can argue that the offense is too minor to warrant prosecution.

Frequently Asked Questions (FAQs) About Shoplifting Charges in Roselle Park

1. What should I do if I am accused of shoplifting? Remain calm and polite, but do not admit to anything or sign any statements. Politely request to speak with an attorney and contact Brett M. Rosen, Esq. immediately.

2. 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 certain period of time has passed, depending on the degree of the offense and your criminal history. An attorney can help you determine your eligibility for expungement.

3. Will a shoplifting conviction affect my employment? A shoplifting conviction can make it difficult to find employment, especially in jobs that require handling money or dealing with the public. It may also impact your current employment, depending on your employer’s policies.

4. Can a shoplifting charge be dismissed in Roselle Park, New Jersey? Yes, under certain circumstances, a shoplifting charge may be dismissed if there is insufficient evidence, a valid defense exists, or you successfully complete a diversionary program like pre-trial intervention (PTI).

5. What is Pretrial Intervention (PTI)? PTI is a diversionary program for first-time offenders in New Jersey that allows you to avoid a conviction by completing certain conditions, such as community service, counseling, or restitution. If you successfully complete PTI, the charges against you will be dismissed.

6. Can a store ban me from entering if I am caught shoplifting? Yes, even if you are not formally charged with shoplifting, the store has the right to ban you from entering their premises. This is a common practice for retailers dealing with shoplifting incidents, and they may also pursue civil action for damages.

7. Can I be charged with shoplifting if I didn’t leave the store with the merchandise? Yes, you can be charged with shoplifting even if you did not leave the store with the merchandise. The act of concealing merchandise with the intent to steal is enough to constitute shoplifting under New Jersey law. This is why it’s important to consult with an attorney even if you were stopped before leaving the store.

8. What if I’m a minor and I’m accused of shoplifting? If you are a minor, you will be subject to the juvenile justice system. The consequences of a shoplifting conviction can still be serious, but there may be more opportunities for diversionary programs or alternative sentencing options, such as community service or counseling.

9. What are some examples of theft by deception? Theft by deception can take many forms, including: Using a stolen credit card or bad check to make a purchase. Misrepresenting the value of an item to get a lower price. Switching price tags on merchandise. Returning stolen items for a refund. Creating a fake charity to collect donations. “Dine and dash” – leaving a restaurant without paying.

10. What if I mistakenly thought the item was free or I forgot to pay for it? If you can prove that you genuinely made a mistake and did not intend to steal the merchandise, this could be a defense to the charge. However, the burden of proof is on you to show that the mistake was honest and reasonable.

11. Can I be charged with receiving stolen property if I didn’t know it was stolen? To be convicted of receiving stolen property, the prosecution must prove that you knew or had reason to believe that the property was stolen. If you can show that you were unaware of the property’s stolen nature, this can be a defense.

12. What if I was pressured or coerced into shoplifting by someone else? If you were under duress or coercion and were forced to commit the shoplifting offense, you may be able to raise this as a defense. This defense requires proving that you were under an immediate threat of harm and had no other choice but to comply.

13. What are the consequences of a shoplifting conviction on my immigration status? If you are not a U.S. citizen, a shoplifting conviction can have negative consequences for your immigration status, potentially leading to deportation or denial of naturalization. An attorney with experience in both criminal and immigration law can advise you on your specific situation.

14. How can a shoplifting lawyer help me? A shoplifting lawyer can help you understand the charges against you, investigate the evidence, negotiate with the prosecutor, and build a strong defense strategy. They can also represent you in court and advocate for the best possible outcome, such as a dismissal, reduced charges, or alternative sentencing options.

15. What is the difference between shoplifting and robbery? Shoplifting is the act of taking merchandise from a store without paying, while robbery involves the use of force or threat of force to take property. Robbery is a more serious offense than shoplifting and carries harsher penalties.

16. Can I still get a job if I have a shoplifting conviction on my record? While a shoplifting conviction can make it more difficult to find employment, it is not impossible. The impact of a shoplifting conviction will depend on the severity of the offense, the type of job you are seeking, and your employer’s policies. An attorney can help you mitigate the impact of a conviction on your job prospects.

17. What are some options for resolving a shoplifting charge besides going to trial? Alternatives to trial include negotiating a plea bargain with the prosecutor, participating in a diversionary program like PTI, or seeking a conditional discharge (for first-time offenders with minor offenses). An attorney can help you explore these options and determine the best course of action for your case.

18. Can I be charged with shoplifting if the store security guard used excessive force to detain me? Yes, you can still be charged with shoplifting, but your attorney may be able to challenge the store’s actions and potentially have any evidence obtained through the use of excessive force suppressed in court.

Don’t Let a Shoplifting Charge Define Your Future – Contact Brett M. Rosen, Esq. Today!

If you are facing shoplifting charges in Roselle Park, New Jersey, don’t let fear or embarrassment prevent you from seeking the legal help you need. Brett M. Rosen, Esq. is committed to providing you with the experienced, dedicated, and compassionate representation you need. We will fight for your rights, protect your reputation, and work tirelessly to secure the best possible outcome for your case.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free consultation.