Facing Shoplifting Charges in Mountainside, NJ? Protect Your Rights and Future with Experienced Legal Defense
Shoplifting Charge Attorney Mountainside, NJ
A shoplifting charge in Mountainside, New Jersey can lead to serious consequences – not just fines and potential jail time, but also a lasting criminal record that can affect your future. If you or a loved one has been accused of shoplifting, it’s crucial to seek legal counsel immediately. Brett M. Rosen, Esq. is committed to providing aggressive and effective defense against shoplifting charges. We will work tirelessly to protect your rights and minimize the impact of this accusation.
Why Choose Brett M. Rosen, Esq. for Your Mountainside Shoplifting Case?
- Local Expertise: We have in-depth knowledge of Mountainside Municipal Court procedures and New Jersey’s shoplifting laws.
- Proven Success: Our firm has a strong track record of successfully defending clients against shoplifting charges in Mountainside and across Union County. We have secured dismissals, reduced charges, and alternative sentencing for numerous individuals, minimizing the long-term consequences of these charges.
- Personalized Attention: We understand that each case is unique. We take the time to listen to your story, understand your concerns, and develop a personalized defense strategy tailored to your specific needs and goals. We will work closely with you throughout the legal process, keeping you informed and involved every step of the way.
- Compassionate Advocacy: We recognize the stress and anxiety associated with facing criminal charges. We provide compassionate and supportive legal representation, guiding you through the legal process and advocating for your rights with empathy and understanding.
- Aggressive Representation: We are fierce advocates for our clients. We will tirelessly investigate your case, meticulously analyze the evidence, and leave no stone unturned in our pursuit of justice. We will vigorously defend your rights in court, challenge the prosecution’s case, and negotiate with the prosecutor to secure the best possible outcome for you.
Understanding Shoplifting Laws in New Jersey
Shoplifting, under New Jersey law (N.J.S.A. 2C:20-11), is a form of theft that involves the unlawful taking of merchandise from a store without paying for it. The law recognizes several ways in which shoplifting can occur:
- Concealment: Hiding merchandise on your person or in a bag with the intent to steal it.
- Altering Price Tags: Changing or removing price tags to pay a lower price.
- Under-ringing: Collaborating with a store employee to ring up items at a lower price.
- “Tag Switching”: Replacing a higher-priced item’s tag with a lower-priced one.
The severity of shoplifting charges in New Jersey depends on the value of the stolen merchandise:
- Disorderly Persons Offense: Shoplifting merchandise valued at less than $200. This is the least severe charge, punishable by up to 6 months in jail and a fine of up to $1,000.
- Fourth-Degree Crime: Shoplifting merchandise valued between $200 and $500. Punishable by up to 18 months in prison and a fine of up to $10,000.
- Third-Degree Crime: Shoplifting merchandise valued between $500 and $75,000. Punishable by 3-5 years in prison and a fine of up to $15,000.
- Second-Degree Crime: Shoplifting merchandise valued at $75,000 or more, or if the shoplifting is part of an organized retail theft enterprise. Punishable by up to 10 years in prison and a fine of up to $150,000.
Even a first-time offense can lead to lasting consequences, including a criminal record, difficulty finding employment, and damage to your reputation.
Offense | Degree of Crime | Value of Stolen Merchandise | Maximum Jail/Prison Sentence | Maximum Fine | Additional Penalties |
Shoplifting | Disorderly Persons Offense | Less than $200 | 6 months in jail | $1,000 | At least 10 days of community service |
Shoplifting | Fourth-Degree Crime | $200 – $500 | 18 months in prison | $10,000 | At least 15 days of community service for 2nd offense, 25 days for 3rd or subsequent offense |
Shoplifting | Third-Degree Crime | $500 – $75,000 | 3-5 years in prison | $15,000 | At least 25 days of community service for 3rd or subsequent offense, minimum 90-day jail term for 3rd+ |
Shoplifting | Second-Degree Crime | $75,000 or more | 5-10 years in prison | $150,000 | At least 25 days of community service for 3rd or subsequent offense, minimum 90-day jail term for 3rd+ |
Important Notes:
- Community Service: All shoplifting convictions, regardless of degree, carry a mandatory community service sentence.
- Jail Time: For third or subsequent offenses, there is a mandatory minimum jail sentence of 90 days.
- Restitution: In addition to fines and potential jail time, the court may order you to pay restitution to the store for the value of the stolen merchandise.
- Criminal Record: A shoplifting conviction, even for a disorderly persons offense, will result in a criminal record, which can impact your employment, housing, and other opportunities.
Defenses Against Shoplifting Charges in Mountainside, NJ
Our firm will thoroughly investigate your case and build a strong defense strategy based on the specific facts and evidence. Some common defenses against shoplifting charges include:
- Lack of Intent: We can argue that you did not intend to steal the merchandise. Perhaps you forgot to pay for it, were distracted, or genuinely believed you had paid.
- Mistake of Fact: You may have mistakenly believed you had permission to take the item or were unaware that you were not allowed to do so.
- Duress or Coercion: We can argue that you were forced or coerced into shoplifting by another person or due to extraordinary circumstances.
- Mental Incapacity: If you were suffering from a mental illness or impairment at the time of the alleged shoplifting, it could affect your culpability and lead to a lesser charge or alternative sentencing.
- False Accusation: We can investigate the allegations and challenge the accuser’s credibility if we believe you have been falsely accused. We’ll look for inconsistencies in witness statements, faulty security footage, or other evidence that could cast doubt on the accusations.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the arrest, detention, or search, we can file motions to suppress illegally obtained evidence.
Frequently Asked Questions (FAQs)
- What should I do if I’m accused of shoplifting in Mountainside?
- Do not admit to anything, remain calm, and politely request to speak to an attorney. Do not sign any documents or make any statements to store personnel or law enforcement without legal advice.
- Can I be arrested for shoplifting even if I didn’t leave the store with the merchandise?
- Yes, in New Jersey, you can be charged with shoplifting even if you are still inside the store if you concealed merchandise with the intent to steal it.
- Can a first-time offender avoid jail time?
- It’s possible. For first-time offenders, especially those charged with a disorderly persons offense, alternative sentencing options like probation, community service, or the Pre-Trial Intervention (PTI) program may be available.
- What is the Pre-Trial Intervention (PTI) Program?
- PTI is a diversionary program that may be offered to first-time offenders. If you successfully complete the program, which may involve community service, restitution, and counseling, the charges against you can be dismissed.
- Will a shoplifting conviction affect my employment?
- Yes, a shoplifting conviction can appear on background checks and negatively impact your ability to find employment, especially in jobs that require trust and honesty. It may also affect your eligibility for certain professional licenses.
- Can I get a shoplifting conviction expunged from my record?
- In some cases, yes. New Jersey has expungement laws, but eligibility depends on the degree of the offense and your criminal history. Consult with an attorney to determine your eligibility and options.
- What if I was simply mistaken for someone else?
- If you believe you were falsely accused, we can investigate the matter and present evidence to prove your innocence.
Don’t Face Shoplifting Charges Alone – Contact Brett M. Rosen, Esq. Today
If you are facing shoplifting charges in Mountainside, NJ, don’t try to handle the situation on your own. Brett M. Rosen, Esq. is here to provide experienced and dedicated legal representation. We will fight for your rights, explore all possible defenses, and work tirelessly to minimize the consequences of your charges.
Call us today at 908-312-0368 for a free, confidential consultation. Let us help you navigate this difficult situation and protect your future.