If you have been accused of shoplifting in New Jersey, you might wonder how serious the charge against you is. In most instances, shoplifting in New Jersey is categorized as a “disorderly persons offense,” roughly the equivalent of a misdemeanor in other states. But if the value of the stolen merchandise is over $200, the charge is elevated to an “indictable offense,” the equivalent of a felony in other states. 

Being convicted of an indictable crime in New Jersey can wreak havoc on your life. Beyond jail time and fines, a conviction can also impact your employment opportunities, ability to secure housing, and even your right to vote. Therefore, when facing an accusation of shoplifting, it is important that you consult with an experienced criminal defense lawyer as soon as possible. The Law Office of Jason A. Volet is here to make sure you know your rights and help you craft a robust defense. Contact us today for a free, confidential consultation.

What Are the Penalties for Shoplifting in New Jersey?

Under New Jersey law, shoplifting and associated penalties are divided into four categories depending on the value of the stolen merchandise. They break down as follows:

Value of Merchandise	Classification	Jail Time	Maximum Fines
Less than $200	Disorderly persons offense	Up to 6 months	$1,000
$200–500	Fourth-degree indictable crime	Up to 18 months	$10,000
$500–75,000	Third-degree indictable crime	3-5 years	$15,000
Over $75,000	Second-degree indictable crime	5-10 years	$150,000

Can I Be Charged with Shoplifting If I Did Not Remove an Item from the Store?

Yes. In New Jersey, an individual can be charged with shoplifting even if they did not physically remove an item from a store without paying. In general, any act committed with the clandestine purpose of acquiring a piece of merchandise for less than the value listed by its merchant runs the risk of a shoplifting accusation.

For example, the following acts also constitute shoplifting even though the merchandise remained in the store:

• Hiding merchandise within a store with intent to remove it without paying.
• Altering, transferring, or removing price tags from merchandise to pay less than its listed price.
• Moving merchandise from its original packaging to pay less than its listed price.

What Is a De Minimis Infraction in New Jersey?

New Jersey recognizes a category of crimes known as de minimis infractions, which may become relevant in cases involving minor forms of shoplifting. If certain criteria are met, a judge may recategorize and dismiss relatively harmless crimes as de minimis if they are so inclined. The governing statute allows judges to dismiss charges in this way if:

• The alleged offense was within the bounds of normal behavior and consistent with the purpose of the law;
• The offense did not cause the harm that the governing law intended to prevent; or
• Extenuating circumstances show that further prosecution of the offense is somehow unreasonable.

Contact a New Jersey Criminal Defense Lawyer

You could face significant legal consequences if you are convicted of shoplifting in New Jersey, including jail time and hefty fines. However, you do not need to face a shoplifting accusation alone. The Law Office of Jason A. Volet is standing by to make sure you know your rights and build a strong defense on your behalf. In many cases, we may even be able to have the charge reduced or dropped altogether. Contact us today for a free, confidential consultation with an experienced criminal defense attorney.

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It may be possible to have your shoplifting charge dismissed or lowered to a lesser offense. For example, in cases involving a first-time offense, your attorney could work with the prosecutor’s office to have the charge lowered to a municipal ordinance violation.

Similarly, in cases involving a truly minor theft, your lawyer could even file a motion asking the court for a de minimis dismissal. New Jersey law allows judges to grant de minimis dismissals for offenses that:

• Involve acts that are within the normal limits of acceptable behavior;
• Do not actually cause or threaten the harm sought to be prevented by the law defining the offense; or
• Involve extenuating circumstances that would make it unreasonable to prosecute as usual.

Being accused of even a minor crime is enough to strike fear in most hearts. If you are facing shoplifting charges, you are probably concerned about the impact a conviction could have on your life. The best thing you can do in this scenario is to consult with an experienced criminal defense attorney. In many cases, your attorney can work to have the charge reduced or dismissed.

The Law Office of Jason A. Volet is ready to make sure you know your legal rights and options. As a former prosecutor and seasoned criminal defense attorney, Mr. Volet is ready to build the strongest possible defense on your behalf. Contact us today for a free, confidential consultation.

How Is Shoplifting Criminalized and Punished in New Jersey?

In New Jersey, “shoplifting” includes more than just removing merchandise from a store without paying.  For example, you could also be charged with shoplifting if you:

• Remove anti-theft tags or stickers from merchandise.
• Conceal merchandise inside a store with intent to remove it without paying.
• Alter, transfer, or remove price tags or labels from merchandise to purchase it for less than full price.
• Transfer merchandise from its original container into a new one to purchase it for less than full price.
• Under-ring merchandise to avoid paying the full price.
• Remove a shopping cart from store premises without permission.

The penalties for shoplifting in New Jersey depend on the value of the stolen merchandise. In addition to the standard penalties laid out in the following table, individuals convicted of shoplifting will also be ordered to perform community service.

Value of Merchandise	Classification	Jail Time	Maximum Fines
Less than $200	Disorderly persons offense	Up to 6 months	$1,000
$200–500	Fourth-degree indictable crime	Up to 18 months	$10,000
$500–75,000	Third-degree indictable crime	3-5 years	$15,000
Over $75,000	Second-degree indictable crime	5-10 years	$150,000

What Is a Conditional Dismissal?

In New Jersey, the Conditional Dismissal Program (CPD) allows first-time offenders to have their charges dismissed if they satisfy certain requirements. The basic eligibility criteria are as follows:

• The underlying crime was a disorderly persons offense or petty disorderly persons offense;
• You have no prior convictions on your record; and
• You have not previously been granted a conditional discharge, conditional dismissal, or pretrial intervention.

A court will also consider various other factors before deciding to grant a conditional dismissal.
Click on this link to learn more about conditional dismissals in New Jersey.

Contact a Criminal Defense Lawyer in New Jersey

If you have been accused of shoplifting, do not hesitate to consult with an experienced criminal defense attorney as soon as possible. The Law Office of Jason A. Volet is ready to fight for you. Our legal team may even be able to have the charges against you reduced or dismissed. Contact us today for a free, confidential consultation.

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If you are accused of shoplifting, store owners or managers may simply ban you from their establishment. However, if you are arrested and convicted, the offense will most likely go on your criminal record. To avoid the serious negative impact this can have on your life, you should consult with an experienced criminal defense attorney as soon as possible after being charged.

The Law Office of Jason A. Volet is ready to make sure you know your rights and mount a strong defense on your behalf. Depending on your case, we may be able to have the charge against you reduced or dismissed, as well as remove the offense from your record if you were previously convicted. Contact us today for a free, confidential consultation.

What Counts as Shoplifting in New Jersey?

It is important to remember that “shoplifting” is not limited to situations where defendants actually remove items from a store without paying. In New Jersey, shoplifting occurs when someone:

• Takes merchandise from a store without paying for it.
• Conceals merchandise in a store with the intention of taking it without paying.
• Alters, transfers, or removes a price tag or label from a piece of merchandise and attempts to purchase it for less than the full price.
• Transfers merchandise from its original container into a new one to avoid paying the full price.
• Under-rings merchandise to avoid paying the full price.
• Takes a shopping cart from the premises of a retail store.

How Is Shoplifting Punished in New Jersey?

In New Jersey, most crimes are classified as either disorderly persons offenses or indictable crimes, the respective equivalents of misdemeanors and felonies in other states. The severity of a shoplifting offense varies depending on the value of the stolen merchandise. Penalties normally break down as follows:

• Shoplifting less than $200 in merchandise is a disorderly persons offense punishable by up to $1,000 in fines and 6 months in jail.
• Shoplifting $200-500 in merchandise is a fourth-degree indictable crime punishable by up to $10,000 in fines and 18 months in jail.
• Shoplifting $500-$75,000 in merchandise is a third-degree indictable crime punishable by up to $15,000 in fines and 3-5 years in jail.
• Shoplifting more than $75,000 in merchandise is a second-degree indictable crime punishable by up to $150,000 in fines and 5-10 years in jail.

In addition to these punishments, anyone convicted of shoplifting in New Jersey will be ordered to perform community service.

How Long Can a Shoplifting Charge Stay on My Record?

If a shoplifting charge goes on your criminal record, it usually stays there permanently until you take steps to remove it. Among other things, while a shoplifting conviction remains on your record, you could have trouble with things like finding employment, applying for loans, purchasing firearms, and even exercising your right to vote. Contact our law offices to discuss your eligibility for petitioning to have a conviction removed from your record.

How Can a Criminal Defense Attorney Help?

The last thing you want is a shoplifting conviction on your criminal record for the rest of your life. The legal team at The Law Office of Jason A. Volet can work to get your shoplifting charges reduced or dismissed entirely, as well as help you expunge shoplifting offenses from your record if you have been convicted. Contact us today to speak with an experienced criminal defense attorney in a free, confidential consultation.

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Some people see shoplifting as a harmless crime, but a shoplifting conviction could lead to jail time, fines, and a criminal record that follows you for years. Here are some frequently asked questions and answers our shoplifting lawyer gets about shoplifting in New Jersey:

What Is The Penalty For Shoplifting in New Jersey?

Shoplifting may be charged as either a disorderly persons offense or an indictable offense in New Jersey. The penalties for a shoplifting conviction start with a fine and up to 6 months in jail for stealing goods worth up to $200. The penalties get harsher in relation to the value of the items stolen. 

Shoplifting is charged as:

• Disorderly person offense: up to $1,000 fine and up to 6 months in jail for goods worth up to $200.
• Fourth-degree offense: up to $10,000 fine and up to 18 months in jail for goods worth $200-$500.
• Third-degree offense: up to $15,000 fine and up to 5 years in prison for goods worth $500-$75,000.
• Second-degree offense: up to $150,000 fine and up to 10 years in prison for goods worth more than $75,000.

Can I Get My Shoplifting Charge Dismissed?

An experienced criminal defense attorney can sometimes get shoplifting charges dismissed. If the item that was allegedly stolen was of such small value that a prosecution is not worth the court’s time, an attorney can ask the judge to dismiss the case. In other cases, store employees or security guards may fail to appear in court. The judge will set a second court date, but if your accusers fail to show up a second time, your attorney may be able to get the case dismissed. If there are problems with the prosecution’s case, your defense attorney should point them out and may be able to negotiate a dismissal of the charges.

What Can I Get My Shoplifting Charge Downgraded to?

For a defendant charged with shoplifting who does not have a criminal record, a defense attorney may be able to have charges reduced to a violation of a municipal ordinance. The charge would be reduced as part of a plea bargain, requiring you to plead guilty to the lesser charge. But the conviction of violating a municipal ordinance does not lead to jail time, and there’s no criminal record afterward. Whether to accept a plea deal is always the defendant’s decision. Your attorney should advise you about the probable outcome of your case. 

I Was Charged with Shoplifting. What Will Happen on My Court Date?

If you are arrested and held, you will first appear in court for an arraignment. This is when you are formally charged and must enter a plea. At an arraignment, the person accused normally pleads not guilty. The terms of release and a trial date are set. If your defense attorney does not get the charges dismissed and you must go to trial, you may plead guilty or not guilty. You would plead guilty if your attorney has arranged a plea bargain, which would mean you have agreed to a specific penalty. If you plead not guilty to shoplifting, the prosecutor will present the case against you and your attorney may challenge the prosecutor’s evidence and then present any evidence that would help to exonerate you. The court will then issue a verdict.

What Happens if a Minor is Charged with Shoplifting in New Jersey?

New Jersey courts treat minors, or juveniles, differently from adults. In most cases, juveniles are tried in Family Court, where penalties can still result in detention. But New Jersey also offers a variety of diversion programs for young people charged with shoplifting, including the Juvenile Conference Committee, Intake Services Conference, and the Juvenile Referee. If a juvenile agrees to undergo counseling, perform community service, or make restitution and completes all requirements, a shoplifting charge can ultimately be dismissed. To achieve the best possible outcome for a juvenile charged with shoplifting, it is imperative to consult a juvenile defense attorney experienced in New Jersey Family Court.

What Must the Prosecutor Prove to Convict Me of Shoplifting?

To gain a shoplifting conviction in New Jersey, a prosecutor must prove the defendant: 

• Was seen approaching merchandise
• Selected the merchandise
• Carried away, concealed, or converted the merchandise (changed the price tag or other indication of value) 
• Was continually observed by the merchant or another witness
• Failed to pay for the merchandise
• Was approached by the merchant or a security officer outside the store.

The prosecutor must prove beyond a reasonable doubt that the individual charged is guilty of shoplifting. An experienced shoplifting attorney will seek to challenge the evidence offered by the prosecution to prevent the prosecutor from establishing guilt.

Can I be Charged with Shoplifting Even if I Did Not Take Merchandise?

The term “shoplifting” refers to five different illegal acts under New Jersey law, not all of which require removing merchandise from a store. A person may be charged with shoplifting for:

• Purposefully taking merchandise without paying for it
• Concealing merchandise
• Converting merchandise such as altering or transferring a price tag
• Transferring merchandise to another container
• Under-ringing merchandise, charging less than the actual price. 

What Happens if I Accidentally Walked Out of the Store With an Item?

If you took an item from a store without paying and it was truly an accident, you may be able to avoid a shoplifting conviction if your attorney can persuade the prosecutor or judge of your lack of intent. The best scenario would be that you had turned around and were headed back to the store when confronted by employees or security. Further, because of the continual observation required to convict a defendant, a retelling of your actions in the store – failure to conceal the item, lengthy browsing after selecting the item – could be persuasive of your lack of intent.

What Happens if I Get Caught Shoplifting and They Let Me Go?

If you are caught after having actually stolen from a store and let go, you should be thankful and never return to that store. However, you may not be out of the woods. If the store management or security officer can identify you and find your contact information, they could still have you charged with shoplifting, especially if they have security camera footage of your actions in the store. You may receive a summons in the mail, which you should not ignore. If you receive a summons, you should contact a criminal defense attorney immediately to review the matter and advise you.

What is the Statute of Limitations for Shoplifting?

The statute of limitations on filing a shoplifting charge in New Jersey is either one year or five years, depending on the charge. The time limit is one year for a disorderly persons offense (goods valued at less than $200) and five years for a shoplifting offense charged as an indictable offense (goods valued at more than $200).

I received a civil demand letter after shoplifting. Do I have to pay the amount demanded?

No, you do not have to pay a civil demand letter sent to you by a store you have allegedly stolen from. But you may face charges if you don’t, so you may benefit from agreeing to some amount of restitution. Large department stores may identify more shoplifters through video surveillance than personal interaction. Their response is to send letters threatening criminal charges. The letters are legal, and stores may demand payment for stolen goods plus damages associated with the loss. But their demands are not binding. An attorney may be able to negotiate a reasonable payment or help you fight a shoplifting charge. 

Can I get my New Jersey Shoplifting Conviction Expunged?

If you have not been convicted of more than one indictable offense, you may eventually be able to have a shoplifting conviction expunged from your record. For a disorderly persons shoplifting offense (valued at less than $200), the waiting period is five years. For an indictable offense (valued at more than $200), the waiting period is six years. Expungement is a complex process that requires many documents. You will likely need an attorney to help you compile and submit the application to have your record expunged. A knowledgeable criminal attorney can help you seek an expungement if you are eligible.

Shoplifting is not a minor offense in New Jersey. If you are convicted of shoplifting, you face a serious risk of going to jail. It will depend on the circumstances of the charge, including whether:

• The full retail value of the item (or items) that you allegedly stole elevates the offense
• You were accused of participating in an “organized retail theft enterprise”
• You have been convicted of two or more shoplifting offenses in the past.

Jason A. Volet is a former prosecutor and an experienced Monmouth County theft defense lawyer. He understands that the stakes are high if you are charged with shoplifting. He can provide a free consultation and begin working on a defense strategy for you right away. Contact us now at The Law Office of Jason A. Volet to discuss your case in a free consultation.

Can a Store Detain You If You Are ‘Caught’ Shoplifting?

Stores in New Jersey – from big-box retailers like Wal-Mart to neighborhood convenience stores – are taking an increasingly aggressive approach to shoplifting. They now commonly use surveillance cameras, undercover security guards and anti-shoplifting chips or tags to try to catch shoplifters and prevent losses.

If a store believes it has caught you in the act of stealing items, the store can lawfully take you into custody under New Jersey’s shoplifting statute (N.J.S.A. 2C:20-11). The law allows the store to detain a suspected shoplifter “in a reasonable manner for not more than a reasonable time” in order to recover any merchandise. Typically, after a store recovers the property, the store will call the police.

Keep in mind: An arrest is not a conviction. You can fight the charges against you. With the help of a knowledge criminal defense attorney, you may be able to get your shoplifting charge dismissed or reduced and, ultimately, avoid any jail time.

What Is the Full Retail Value of the Item or Items Involved?

If you are charged with shoplifting, your risk of incarceration – and the potential length of your sentence – will depend on several factors, including the “full retail value” of the item or items which you are accused of shoplifting. The full retail value is a store’s stated or advertised price for an item. In short, the more expensive an item is, the more serious the shoplifting charge will be in New Jersey. Under N.J.S.A. 2C:20-11:

• If the full retail value of the merchandise is less than $200, then you could face a disorderly persons offense and a sentence of up to six months. A disorderly persons offense is similar to a misdemeanor. Typically, a person will receive probation instead of an active sentence.
• If the value is at least $200 but does not exceed $500, you face a charge for an indictable offense, or a crime of the fourth degree. An indictable offense in New Jersey is similar to a felony. A fourth-degree crime can result in a sentence of up to 18 months.
• If the value exceeds $500 but is less than $75,000, you could be charged with a crime of the third degree, which carries a potential sentence of between three to five years.
• If the value is $75,000 or more, you could be charged with a crime of the second degree and face a potential sentence of between five to 10 years.

If you are accused of stealing more than one item, a prosecutor can add up the full retail value of all of those items in order to determine the grade of offense.

Were You Accused of Shoplifting as Part of a Retail Theft Enterprise?

Another important factor when it comes to determining imprisonment in New Jersey shoplifting cases is whether you were allegedly engaged in an “organized retail theft enterprise.” The law defines such an enterprise as “any association of two or more persons” for the purpose of transferring or selling shoplifted merchandise.

If you are found to have engaged in an organized retail theft enterprise, you could face:

• A crime of the third-degree charge if the full retail value of the merchandise is less than $1,000
• A crime of the second-degree charge if the full retail value of the charge is $1,000 or higher.

In other words, depending on the full retail value of the merchandise involved in your case, you could face as few as three years and as many as 10 years of imprisonment if you are convicted of this type of shoplifting charge.

Are You Facing a Third or Subsequent Shoplifting Charge?

Your prior record also plays a role in the incarceration that you could face if you are charged with shoplifting in New Jersey. Under N.J.S.A. 2C:20-11, any person who is convicted of a third or subsequent shoplifting offense must serve a minimum term of 90 days of imprisonment. In other words, you cannot avoid incarceration.

Can a Shoplifting Charge Lead to Other Consequences?

In addition to the risk of going to jail, you can face many other consequences if you are convicted of shoplifting in New Jersey. Some of the direct consequences include:

• Paying restitution as well as fines and court costs
• Performing community service (a minimum of 10 days for a first offense, 15 days for a second offense and 25 days for a third or subsequent offense)
• Losing your driving privileges.

First-Time Shoplifting Charges in NJ

With that said, if you are a first-time offender, you may be eligible for a Pretrial Intervention Program (PTI). This program provides a way for low-level offenders to avoid a conviction if they attend counseling, perform community service and meet all other conditions.

Get Help from an Experienced NJ Shoplifting Defense Lawyer

If you have been charged with shoplifting in Freehold, Neptune or anywhere else in New Jersey, start your defense right away. Contact attorney Jason A. Volet today. He can provide the experienced, aggressive legal defense that you need during this difficult time, and he will work tirelessly to protect your rights and seek the best possible outcome in your case.