Shoplifting from the American Dream Mall in New Jersey

Shoplifting might sound like a minor offense, but a conviction can have a serious impact on your future. If you’ve been accused of shoplifting from the American Dream Mall in East Rutherford, NJ, you could face incarceration, fines, community service, and other penalties.

You don’t have to face these charges on your own. Working with an experienced New Jersey shoplifting defense lawyer will help you protect your rights. The Law Office of Jason A. Volet is available 24/7 for free consultations. Contact us today and learn more about how you can safeguard your future.

What Is the American Dream Mall?

The American Dream Mall is the second largest mall in the United States, behind the Mall of America. Located in East Rutherford, it includes over 400 retail shops, dining, amusement parks, and a sports complex. According to the developer’s projections, the mall attracts around 40 million visitors every year.

How Does New Jersey Define Shoplifting?

New Jersey’s shoplifting statute describes six different types of shoplifting. The offense includes any of the following acts that a person does with intent to avoid paying full price for merchandise:

• Taking merchandise without paying
• Concealing merchandise
• Altering price tags
• Switching containers
• Under-ringing (intentionally ringing up an item for less than its actual price)
• Taking shopping carts off the premises with the intent to keep them.

Simply concealing an item — whether inside or outside the store — can be presumptive evidence of intent to steal.

The penalties for shoplifting vary. The higher the value of the stolen goods, the harsher the consequences will be. For example:

• Less than $200 — Disorderly persons offense (misdemeanor)
• $200 – $500 — Crime of the fourth degree (felony)
• $500 – $75,000 — Crime of the third degree
• $75,000-plus or as part of an organized theft ring — Crime of the second degree.

Can the American Dream Mall Security Personnel Detain Me if They Suspect I Shoplifted?

You can be detained at the American Dream Mall if store employees or police have a reasonable belief that you’re shoplifting. Merchants are protected from lawsuits so long as they follow these guidelines:

• Timing — The security personnel, store employees, and police detain you for a reasonable time. What is “reasonable” depends on the circumstances.
• Use of force — Whoever detains you cannot use excessive force. For example, a security guard can’t use weapons against a suspected, unarmed, non-threatening shoplifter.
• Questioning — Any questioning after a suspected shoplifter is detained must occur in a reasonable location and manner.
• Miranda rights — You retain your right to remain silent and ask for an attorney.

Anything you say while you are detained can be used against you later. It’s always wise to remain silent until you can talk to a criminal defense attorney.

What Are the Fines and Penalties for Shoplifting in New Jersey?

The penalties for a shoplifting conviction range from a petty disorderly persons offense to crimes of the second degree. Here are potential consequences you might face:

• Disorderly persons offense — Other states call this level of offense a “misdemeanor.” If you shoplifted less than $200 worth of merchandise, you could face up to $1,000 in fines and up to six months in jail.
• Crime of the fourth degree — Shoplifting $200 to $500 worth of goods is a crime of the fourth degree (felony), punishable by up to 18 months in prison and up to $10,000 in fines.
• Crime of the third degree — Stealing $500 to $75,000 is a crime of the third degree. You could be sentenced to three to five years in prison and fines up to $15,000.
• Crime of the second degree — Finally, if you steal more than $75,000, or if you are part of an organized theft ring, you face five to 10 years in prison and fines up to $150,000.

Repeat offenders must serve mandatory community service. After the third offense, offenders must serve at least 90 days in jail.

Because convictions result in a criminal record, you may have trouble renting a home or passing a background check. You can also lose your professional licenses, your right to vote, and your right to possess a firearm. Jason A. Volet will work with you to seek a dismissal or reduction of your charges.

What Must the American Dream Mall Prove to Convict Me of Shoplifting?

First, a prosecutor must prove that a person:

• Took or attempted to take merchandise without paying, or
• Changed or attempted to change an item’s price, or
• Removed a shopping cart from the premises with the intent to keep it.

They also must prove that a person intended to avoid paying full price. If a person hides items — such as under a coat — that’s considered presumptive evidence that a person intended to steal the merchandise, even if they didn’t take the item out of the store.

Can I Be Banned from the American Dream Mall if I Am Convicted of Shoplifting?

You can be banned from the American Dream Mall after a shoplifting conviction. You may receive a “stay away order,” which usually prohibits a person from entering for a certain period.

Is It Possible to Have a Shoplifting Charge Expunged?

Expungement is a way to clear your criminal record. Shoplifting charges can be expunged if you meet certain criteria. Depending on the severity of the charge, you may be able to expunge your record after the applicable waiting period. Generally, your shoplifting charges can be expunged if you’ve paid all fines and restitution and have no pending charges. If you were only charged with shoplifting — not convicted — you will have no waiting period. You can immediately work with a lawyer to expunge your record.

Contact a New Jersey Shoplifting Defense Lawyer

If you’ve been accused of shoplifting at American Dream Mall or want to expunge your record, contact experienced criminal defense attorney Jason A. Volet. He has worked as a prosecutor and criminal defense attorney and is certified by the Supreme Court of New Jersey as a criminal trial attorney. We have the knowledge, experience, and strategy to advocate for you. Contact us today for a free and confidential consultation.

Visit Our New Jersey Shoplifting Defense Law Offices