Shoplifting Charges in Summit, New Jersey: Understanding the Consequences & Your Legal Defense

Shoplifting Charge Attorney Summit, NJ

shoplifting charge Summit, NJ

A shoplifting charge in Summit, 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. When facing shoplifting charge in Summit NJ, consider retaining Brett M. Rosen for the following reasons:

  1. Certified Expertise: Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Rosen brings recognized expertise to your defense.

  2. Proven Track Record: With successful outcomes, including acquittals and dismissals, Rosen demonstrates his ability to navigate the legal system effectively.

  3. Early Intervention: Engaging an attorney early can lead to reduced charges or even dismissal.

In summary, Brett M. Rosen is an excellent choice for your shoplifting case in Summit, NJ. Contact him at 908-312-0368 for a consultation to discuss your legal options. We will work tirelessly to protect your rights and minimize the impact of this accusation. 

 

Shoplifting Charges in Summit New Jersey: What You Need to Know

New Jersey law defines shoplifting as the intentional taking of merchandise from a store without paying, or altering price tags to pay less. It’s a form of theft, and the penalties can vary depending on the value of the stolen goods:

  • 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 up to 5 years in prison and a fine of up to $15,000.
  • Second-Degree Crime: Shoplifting merchandise valued at $75,000 or more. Punishable by up to 10 years in prison and a fine of up to $150,000.

In addition to these penalties, a shoplifting conviction can lead to a permanent criminal record, difficulty finding employment, and other long-term consequences.

Defenses Against Shoplifting Charges

With a strong legal defense, you may be able to avoid conviction or minimize the penalties. Possible defenses include:

  • Lack of Intent: We can argue that you did not intend to steal the merchandise, perhaps due to forgetfulness, confusion, or accidental error.
    • Accidental Taking: If you unintentionally left a store with an item without paying, it may not be considered shoplifting. This defense is more likely to be successful if you can demonstrate that you were distracted, in a hurry, or simply forgot to pay.
  • Mistake of Fact: You may have genuinely believed you paid for the items or that you had permission to take them.
  • Duress: You may have been coerced or threatened into shoplifting. If you were forced to shoplift under duress or coercion, it could be a defense. This would require demonstrating that you were under a threat of serious harm and had no reasonable alternative.
  • Mental Incapacity: If you were suffering from a mental illness or impairment at the time of the offense, it could affect your culpability.
  • False Accusation: We can investigate the circumstances and challenge the accuser’s credibility if we believe you’ve been falsely accused.
  • Necessity: In rare cases, if you shoplifted essential items due to extreme need (e.g., food for a starving child), you might be able to argue a necessity as a mitigating factor.
  • Entrapment: If law enforcement or store security induced you to shoplift, you might be able to argue entrapment. This would require showing that you were not predisposed to commit the crime and were persuaded or pressured into doing so.
  • Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of the offense beyond a reasonable doubt, it could be a defense. This might involve challenging the store’s surveillance footage, witness testimony, or other evidence.
  • Mistaken Identity: If you were mistakenly identified as the shoplifter, it could be a strong defense. This is more likely in crowded stores or if there is a lack of clear evidence linking you to the theft.

Frequently Asked Questions (FAQs)

Shoplifting charges, even for seemingly minor incidents, can have serious consequences in Summit, NJ. Understanding the law and your rights is crucial. Here’s a set of frequently asked questions to help you navigate this situation:

  • What should I do if I’m accused of shoplifting in Summit, NJ?
    • 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 shoplifter avoid jail time?
    • It’s possible. For first-time offenders, especially those charged with a disorderly persons offense, alternative sentencing options like probation or community service may be available.
  • What is the Pretrial Intervention Program (PTI)?
    • PTI is a diversionary program that may be available to first-time offenders. If you successfully complete the program, the charges may be dismissed.
  • Will a shoplifting conviction affect my employment?
    • Yes, a shoplifting conviction can show up on background checks and negatively impact your employment prospects.

FAQs Continued

What is considered shoplifting in New Jersey?

  • Shoplifting in New Jersey, officially called “shoplifting/retail theft,” involves more than just walking out of a store without paying. It includes:
    • Taking merchandise without paying   
    • Concealing merchandise with the intent to steal   
    • Altering or switching price tags   
    • Under-ringing merchandise (intentionally scanning a cheaper item)  
    • Putting an item in a different container to avoid paying full price

What is a civil demand letter in a shoplifting case?

  • In addition to criminal charges, you might receive a civil demand letter from the store, demanding payment for the stolen item, legal fees, and other costs.

Where do shoplifting cases in Summit get handled?

  • Typically, shoplifting cases in Summit are handled by the Summit Municipal Court, but more serious cases (higher value items) might go to the Union County Superior Court.

What are some common defenses against shoplifting charges in Summit?

  • Common defenses include lack of intent (accidental taking, no intent to deprive), mistaken identity, insufficient evidence, duress, necessity, and entrapment.

What is the role of surveillance footage in shoplifting cases?

  • Surveillance footage can be key evidence. An attorney can challenge its admissibility or clarity, or argue that it doesn’t definitively prove intent.

Why Choose Brett M. Rosen, Esq. for Your Summit Shoplifting Case?

Shoplifting Lawyer Summit, New Jersey

  • Experienced Shoplifting Defense Attorney: Brett M. Rosen has extensive experience defending clients against shoplifting charges in Summit and throughout New Jersey. He understands the nuances of shoplifting laws and has a proven track record of success.   
  • Certified Criminal Trial Attorney: His certification demonstrates his expertise in legal strategy and courtroom advocacy, which are essential for effectively challenging shoplifting charges.   
  • Thorough Investigation: He will conduct a thorough investigation of your case, examining the circumstances of the alleged shoplifting, the evidence against you, and any potential witness inconsistencies.
  • Aggressive Representation: He will aggressively advocate for your rights, challenging the prosecution’s case and seeking the best possible outcome, whether it’s a dismissal, a reduction in charges, or alternative sentencing options.

Don’t Face Shoplifting Charges Alone – Get Expert Legal Help

If you are facing shoplifting charges in Summit, 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.

Contact us today at 908-312-0368 & brett@nynjcriminalcivilesq.com for a free, confidential consultation. Let us help you navigate this difficult situation and protect your future.

I hired Brett to defend me in a case that could have had potentially serious repercussions, and was personal in nature. I was very pleased with Brett’s professionalism and his very precise understanding of the legal options for my situation. I haven’t had to deal with many legal/law matters, so I really appreciated Brett’s patience and clear communication. He doesn’t waste words, and doesn’t sugar-coat anything. I really appreciated that, as it gave me confidence. Brett was easy to connect with, and I always felt like he was available to discuss legal matters. Brett achieved a very positive outcome for me. I would highly recommend working with Brett.
Justin