Have you been accused of shoplifting in New Jersey? If so, it’s important to act quickly to protect your rights, whether the allegations have merit or you’ve been wrongly accused. While there are several steps you can take to protect your rights and freedom, the most important is to consult an experienced criminal defense lawyer immediately.
What to Do If You Are Detained for Shoplifting in New Jersey
If a store or law enforcement officer stops you for shoplifting, your immediate actions can impact how your case proceeds. You should:
- Not attempt to flee the scene
- Avoid arguing with the police or resisting arrest
After being detained, certain Constitutional rights also apply. You have:
- The right to remain silent and to refuse to answer questions
- The right to consult a criminal defense attorney
Exercising these rights can help you avoid accidentally saying something that hurts your shoplifting case.
Shoplifting Charges and Penalties in New Jersey
Under New Jersey law, a person can face charges for shoplifting if a store accuses them of committing any of the following acts:
- Taking possession of or carrying away any merchandise without paying for it
- Concealing merchandise upon their person with the intent not to pay for it
- Altering or removing a price tag to avoid paying some or all of the retail price for merchandise
- Transferring merchandise to another container to avoid paying some or all of the retail price
The penalties for shoplifting in New Jersey depend on the value of the merchandise or property taken:
- Less than $200 – Disorderly persons offense, up to six months in jail, and a fine of up to $1,000
- At least $200 but no more than $500 – Fourth-degree crime, up to 18 months in prison, and a fine of up to $10,000
- More than $500 but less than $75,000 – Third-degree crime, three to five years in prison, and a fine of up to $15,000
- $75,000 or more – Second-degree crime, five to 10 years in prison, and a fine of up to $150,000
A shoplifting conviction also carries a penalty of community service or a minimum prison term for a third or subsequent offense.
How Can Statements or Admissions Affect Your Shoplifting Case?
Trying to “talk your way out” of a shoplifting charge is never a good idea, even if you were falsely accused of shoplifting or did not intend to steal products from a store. You might say something that the police and prosecutors can use to argue that you purposely removed products from a store without paying for them or tried to avoid paying full price by changing the price tag.
Can You Avoid a Conviction for Shoplifting?
Just because you were accused of shoplifting does not mean you are going to be found guilty. However, avoiding a criminal conviction requires a strong defense.
Potential strategies in your case might include:
- Lack of intent
- Mistaken identity
- Insufficient evidence
- False accusations
- Accidental mistake
- Unlawful search and seizure
A New Jersey shoplifting lawyer can identify the potential defenses to apply to your case and argue for the best possible outcome based on the circumstances.
Can a Shoplifting Conviction Affect Your Immigration Status?
Yes. You are bound to follow state and federal laws when you come to the United States. A shoplifting conviction can have serious immigration consequences for non-citizens, including:
- Lawful permanent residents (green card holders)
- Students
- Temporary workers
- Undocumented immigrants
- Visitors
Depending on the facts of the case and your immigration status, a shoplifting offense in New Jersey could result in removal proceedings or impact your ability to pursue U.S. citizenship. Because immigration consequences vary depending on the situation, the degree of the crime, and other factors, it’s wise to consult a criminal defense attorney as soon as possible to protect your rights.
Speak With William Fay, Esq. About New Jersey Shoplifting Charges
Prosecutors must prove their case beyond a reasonable doubt to convict you of shoplifting. Working with a New Jersey shoplifting attorney who can analyze your situation and protect your interests is crucial. Attorney William Fay, Esq., is an experienced criminal defense attorney with over 10 years of experience in New Jersey criminal law. Contact Law Offices of William C. Fay IV today for a free case review.
