Shoplifting Attorney Union Township, NJ

In Union Township, New Jersey, shoplifting is considered a serious offense, carrying significant penalties that can impact your life in profound ways. If you or a loved one face a shoplifting charge in Union Township, New Jersey, understanding the intricacies of the law, potential consequences, and available defenses is paramount.

Don’t Let a Shoplifting Charge Tarnish Your Future

At Brett M. Rosen, Esq., we recognize the gravity of shoplifting charges and the anxiety they can cause, and choosing the right attorney is crucial for a favorable outcome. Brett M. Rosen is an exceptional choice for several compelling reasons:

We’re committed to providing aggressive and compassionate legal representation to those facing these shoplifting charges in Union Township and throughout Union County. Our goal is to protect your rights, minimize the repercussions, and help you move forward with your life. Call 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for your free consultation. 

Understanding Shoplifting Laws in New Jersey: N.J.S.A. 2C:20-11

New Jersey’s shoplifting statute, N.J.S.A. 2C:20-11, defines shoplifting broadly to include various actions that involve the unlawful taking of merchandise from a store or other retail establishment. It covers actions beyond simply walking out without paying, such as:

• Taking merchandise without paying: The most common form of shoplifting involves removing items from a store without paying for them.
• Concealing merchandise: Hiding merchandise on your person or in a bag with the intent to steal it.
• Altering or removing price tags: Changing or removing price tags to pay a lower price for an item.
• Under-ringing items at self-checkout: Intentionally scanning items at a lower price or not scanning them at all at a self-checkout kiosk.
• “Switch-and-bait”: Switching the packaging or price tags of higher-priced items with those of lower-priced ones.
• Removing a shopping cart from the premises: Taking a shopping cart from the store’s property without permission.

Penalties for Shoplifting in Union Township, NJ

The severity of the charge and potential penalties for shoplifting in Union township, NJ depend on the value of the stolen merchandise:

• Less than $200: Disorderly persons offense
  
  • Up to 6 months in jail
  • Fines up to $1,000
  • A permanent criminal record
• $200 to $500: Fourth-degree crime
  
  • Up to 18 months in prison
  • Fines up to $10,000
  • A permanent criminal record
• $500 to $75,000: Third-degree crime
  
  • 3 to 5 years in prison
  • Fines up to $15,000
  • A permanent criminal record
• Over $75,000: Second-degree crime
  
  • 5 to 10 years in prison
  • Fines up to $150,000
  • A permanent criminal record

In addition to these penalties, a shoplifting conviction can lead to other consequences such as:

• Difficulty finding employment
• Difficulty obtaining housing
• Loss of professional licenses
• Damage to your reputation

Penalties Chart for Shoplifting in Union Township 

Potential Defenses Against Shoplifting Charges

Every shoplifting case presents unique circumstances, and several potential defenses can be utilized depending on the specifics of your situation. Brett M. Rosen, Esq., will meticulously examine the details of your case and employ the most suitable defense strategies, which may include:

• Lack of Intent: One of the key elements of shoplifting is the intent to deprive the merchant of the merchandise’s value. If we can demonstrate that you lacked this intent, for instance, if you forgot to pay or intended to return the item, the charges may be dismissed or reduced.
• Mistake of Fact: If you genuinely believed you had paid for the item or that you had permission to take it, this could be a defense.
• Duress or Coercion: If you were forced or coerced into shoplifting, this could serve as a defense.
• Illegal Search and Seizure: If the police violated your Fourth Amendment rights during a search or seizure, we can move to suppress the evidence, potentially leading to a dismissal of the charges.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of shoplifting, we will challenge the charges and seek a dismissal.
• Mental Health Issues: If you suffer from a mental health condition that contributed to the alleged shoplifting, we may be able to argue for a more lenient sentence or alternative disposition.

Frequently Asked Questions About Shoplifting Charges in Union Township, NJ

1. What should I do if I’m accused of shoplifting in Union Township, NJ?

   • Remain calm and polite. Don’t resist or argue with store employees or the police. It’s crucial to exercise your right to remain silent and ask to speak with an attorney immediately.

2. Can I be charged with shoplifting even 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. Concealing merchandise with the intent to steal is enough to constitute shoplifting in New Jersey.

3. Will a shoplifting conviction affect my employment opportunities?

   • Yes, a shoplifting conviction can negatively impact your ability to find employment, especially in jobs that require trust and handling money.

4. Can I get a shoplifting charge expunged from my record?

   • In some cases, it may be possible to expunge a shoplifting conviction from your record after a certain period of time. An attorney can help you understand the expungement process and determine your eligibility.

5. What is the difference between shoplifting and theft?

   • Shoplifting is a specific type of theft that involves taking merchandise from a retail establishment. Theft is a broader term that encompasses various forms of taking property that doesn’t belong to you.

6. Can I be charged with shoplifting if I returned the merchandise?

   • Returning the merchandise doesn’t necessarily absolve you of shoplifting charges. The key factor is your intent at the time you took the merchandise. However, returning the item may be considered a mitigating factor during sentencing.

7. What happens if I’m a minor and get caught shoplifting?

   • If you’re a minor, your case will likely be handled in juvenile court. The focus is on rehabilitation rather than punishment. However, it’s still important to have an attorney to protect your rights and ensure the best possible outcome.

8. Can a shoplifting charge affect my immigration status?

   • Yes, even a minor shoplifting conviction can have serious immigration consequences for non-U.S. citizens, including deportation or denial of naturalization.

9. What is the statute of limitations for shoplifting charges in New Jersey?

   • The statute of limitations for shoplifting charges in New Jersey is one year for disorderly persons offenses (theft of merchandise valued under $200) and five years for indictable offenses (theft of merchandise valued at $200 or more). This means that the prosecution must file charges within the specified timeframe.

10. What are some common mistakes people make when facing shoplifting charges?

    • Some common mistakes include:
      
      • Talking to the police or store security without an attorney present
      • Pleading guilty without understanding the potential consequences
      • Failing to take the charges seriously
      • Not seeking legal representation

Additional FAQs About Shoplifting Charges in Union Township, NJ:

11. What if I was falsely accused of shoplifting?

• If you believe you’ve been wrongly accused, it’s critical to gather any evidence that supports your innocence, such as witness statements or video footage. An attorney can help you present this evidence to the prosecutor or in court to clear your name.

12. Can I be charged with shoplifting if I didn’t intend to steal but accidentally left the store without paying for an item?

• While intent is a crucial element of shoplifting, accidentally leaving the store without paying can still lead to charges. However, an attorney can argue that your actions were unintentional and that you didn’t have the requisite intent to commit theft.

13. Can a store detain me if they suspect me of shoplifting?

• Yes, store owners and employees in New Jersey have the right to detain someone they reasonably suspect of shoplifting. However, the detention must be reasonable in duration and manner, and you have the right to remain silent and request an attorney.

14. What if I’m caught shoplifting with a friend or group of people?

• If you’re caught shoplifting with others, you may face additional charges, such as conspiracy to commit theft. It’s critical to have an attorney who can assess the unique circumstances of your case and develop a defense strategy that protects your individual interests.

15. Can a shoplifting charge affect my ability to travel internationally?

• Depending on the severity of the charge and the country you’re traveling to, a shoplifting conviction could impact your ability to obtain a visa or enter certain countries.

16. What if I’m offered a plea bargain? Should I accept it?

• A plea bargain is an agreement between the prosecution and the defense where you plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding trial. It’s essential to consult with an attorney before accepting any plea bargain to ensure it’s in your best interest.

17. Can a shoplifting charge affect my ability to rent an apartment or get a loan?

• Yes, a shoplifting conviction can appear on background checks and negatively impact your ability to rent an apartment, get a loan, or obtain other forms of credit.

18. What are some common defenses against a shoplifting charge that involves switching price tags?

• If you’re accused of switching price tags, some potential defenses could include:
  
  • You made an honest mistake.
  • You were confused about the pricing.
  • The price tags were already switched, and you were unaware.

19. Can I be charged with shoplifting if I’m caught stealing from a self-checkout lane?

• Yes, shoplifting from a self-checkout lane is still considered theft. The use of self-checkout doesn’t change the legal definition of shoplifting or the potential penalties.

20. What should I bring with me to my first meeting with an attorney about my shoplifting charge?

• It’s helpful to bring any relevant documents, such as the police report, any correspondence from the store or prosecutor, and any evidence that supports your defense.

Why Choose Brett M. Rosen, Esq., as Your Union Township Shoplifting Attorney

Facing shoplifting charges in Union Township, NJ, can be daunting. Having a skilled and experienced attorney by your side is crucial in ensuring your rights are protected and you receive the best possible outcome. Brett M. Rosen, Esq., and his team offer:

• Extensive Experience in Shoplifting Defense: We have a proven track record of successfully defending clients against shoplifting charges in Union Township and throughout Union County.
• In-Depth Knowledge of Union Township’s Legal System: We understand the local courts, judges, and prosecutors, allowing us to navigate the legal system efficiently and effectively.
• Personalized Attention & Aggressive Advocacy: We recognize that every case is unique. We tailor our defense strategies to your specific situation, providing personalized attention and aggressive representation.
• Commitment to Protecting Your Rights and Future: We are dedicated to fighting for your rights and minimizing the impact of shoplifting charges on your life.

Don’t Let a Shoplifting Charge in Union Township Derail Your Life – Act Now

A shoplifting charge in Union Township, New Jersey can have consequences in New Jersey that are serious. Don’t face these charges alone. Brett M. Rosen, Esq., are here to help you navigate the legal complexities, explore potential defenses, and fight for the best possible outcome.

Contact us today for a free consultation. We’ll review your case, answer your questions, and develop a personalized strategy to protect your driving privileges and your future. Call us at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free and confidential consultation.