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.
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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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About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
