Shoplifting Attorney Union County, NJ

Shoplifting Attorney Union County, NJ

Has a shoplifting accusation in Union County, New Jersey, turned your world upside down? 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 impact your life and future. You need a legal advocate who understands the intricacies of Union County, New Jersey’s shoplifting laws and the local court system.

Brett M. Rosen, Esq., is an experienced criminal defense attorney specializing in shoplifting cases throughout Union County, NJ. 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 Union County, 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 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 Union County

The penalties for shoplifting in Union County 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.

Union County, NJ Shoplifting Penalties: Fines, Jail Time & Consequences

Detailed spreadsheet of penalties for shoplifting in Union County, NJ. Understand the degrees of shoplifting, associated fines, jail time, and potential consequences based on the value of stolen merchandise.

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 Union County. We will:

• Thoroughly Investigate the Case: 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.
• Challenge 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.
• Explore 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, mistake of fact, duress, coercion, or false accusation.
• Negotiate 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.
• Provide Experienced Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in the appropriate court. We will advocate for your rights, cross-examine witnesses, and present a compelling case in your defense.

Common Defenses to Shoplifting Charges in Union County

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.

Frequently Asked Questions About Shoplifting Charges in Union County

1. What should I do if I am accused of shoplifting in Union County, New Jersey? 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 Union County? 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. Is shoplifting a felony in New Jersey? Shoplifting can be a felony or a misdemeanor, depending on the value of the stolen merchandise. Shoplifting merchandise valued at less than $200 is a disorderly persons offense (misdemeanor), while shoplifting merchandise valued at $200 or more is considered a felony.

7. What happens if I am convicted of shoplifting in Union County, NJ? The consequences of a shoplifting conviction depend on the degree of the offense. You may face fines, jail time, probation, community service, and a criminal record. The specific penalties will depend on the value of the stolen merchandise and your prior criminal history.

8. Can a store ban me from entering if I am caught shoplifting? Yes, a store has the right to ban you from their premises if they catch you shoplifting, even if you are not arrested or prosecuted.

9. 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 didn’t 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.

10. 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.

11. What is the statute of limitations for shoplifting in New Jersey? The statute of limitations for shoplifting in New Jersey is one year for disorderly persons offenses and five years for indictable offenses (felonies). This means that the state must file charges within that timeframe or lose the right to prosecute.

Union County, New Jersey Shoplifting Charge Lawyer

If you are facing shoplifting charges in Union County, New Jersey, don’t let this one incident define your future. Brett M. Rosen, Esq. is committed to providing you with the experienced, dedicated, and compassionate representation you need. We will fight for your rights! Contact us today for a confidential and free consultation. 

908-312-0368

brett@nynjcriminalcivilesq.com