Shoplifting at the Short Hills Mall in Short Hills, NJ

The Mall at Short Hills is home to everything from typical department stores to high-end shops like Nordstrom, Louis Vuitton, Versace, Fendi, and more. It is also a frequent target of retail theft. If you face a shoplifting charge from an incident at the Short Hills Mall, don’t admit guilt or agree to pay a store to let you go. Instead, get help from an experienced criminal defense attorney who will help you protect your freedom and your future.

Contact the Law Office of Jason A. Volet today for a free consultation with a shoplifting defense lawyer who has experience prosecuting and defending clients against shoplifting charges throughout New Jersey.

How Does New Jersey Define Shoplifting?

In New Jersey (N.J.S. § 2C:20-11), a person commits the offense of shoplifting when they intentionally do any of the following:

  • Take, move, or cause someone else to take merchandise from a store without paying its full retail price
  • Hide goods to avoid paying and deprive the store of their use or value
  • Change or swap price tags to buy items for less than their full price
  • Move merchandise into a different container to avoid paying the full value
  • Intentionally under-ring merchandise to pay less than it’s worth
  • Take a shopping cart without planning to return it.

Is Shoplifting a Common Occurrence at the Short Hills Mall?

The Mall at Short Hills in Short Hills, NJ, contains many stores and boutiques that sell high-value merchandise, including electronics/computers, jewelry, handbags, and fashion accessories. Shoplifters often target its stores to steal valuable items for their use or to sell for profit. In one month alone, alleged shoplifters were charged with stealing $3,500 of merchandise from Macy’s.

What Measures Does the Short Hills Mall Use to Monitor for Shoplifting?

The Short Hills Mall and its tenant stores use different measures to monitor and catch shoplifters, including:

  • Security and loss prevention officers
  • Surveillance cameras
  • RFID tags and detectors at store entrances
  • Tamper-proof price tags.

Typically, when security personnel or loss prevention officers identify someone as potentially having stolen merchandise, they will approach the individual and escort them to the mall’s loss prevention office. In the office, security officers may attempt to recover the stolen merchandise if they can do so without touching the individual. The security officers may call the police to have the individual arrested or offer to release the individual if they pay a fine, along with the cost of any damaged or lost merchandise.

Can Short Hills Mall Security Personnel Legally Detain for Shoplifting?

Mall personnel can detain an individual on suspicion of shoplifting until the police arrive to investigate and potentially arrest the individual. However, most stores’ policies instruct security officers to avoid using force to detain a shoplifter to protect personnel from potential injuries. Stores want to avoid possible civil lawsuits by the detained individual.

What Are the Penalties for Shoplifting in New Jersey?

New Jersey’s shoplifting statute imposes various penalties for shoplifting convictions. They mainly depend on the value of the merchandise.

Shoplifting penalties include the following:

  • Value of less than $200 — A disorderly persons offense with up to six months in jail, a fine of up to $1,000, or both jail time and a fine.
  • Value of $200 to $500 — A fourth-degree crime that can impose up to 18 months in prison and a fine of up to $10,000.
  • Value of more than $500 but less than $75,000 — A third-degree crime punishable by three to five years in prison and a fine of up to $15,000.
  • Value of more than $75,000 — A second-degree crime that can impose five to 10 years in prison and a fine of up to $150,000.

New Jersey law determines the value of the merchandise in a shoplifting offense by totaling all the merchandise stolen as part of a single scheme or course of conduct or in connection with an organized retail theft enterprise.

In addition to incarceration and fines, a court may sentence a defendant convicted of shoplifting to at least 10 days of community service for a first offense, at least 15 days of community service for a second offense, and up to 25 days of community service for a third or subsequent offense. A third or subsequent shoplifting offense will also require the court to impose a minimum 90-day term of incarceration.

The court can also impose a restitution obligation upon a defendant convicted of shoplifting. This obligation requires the defendant to reimburse a merchant for the value of the merchandise lost as part of the defendant’s offense.

What Should You Do If You Are Caught Shoplifting at the Short Hills Mall?

When you get detained or arrested for shoplifting at the Short Hills Mall, take these steps to protect your rights:

  • Exercise your right to remain silent — Do not admit guilt to store employees, mall personnel, or the police. Do not offer to pay for the merchandise.
  • Ask to speak to a criminal defense attorney as soon as possible — Politely decline to answer questions until you consult a criminal defense lawyer.

Are There Alternatives to Jail Time for Shoplifting in New Jersey?

In some cases, aggressive negotiation and legal advocacy can help defendants facing shoplifting convictions avoid jail or prison time as part of their sentence. For a first-time offense or an offense involving low-value merchandise, the trial court may agree to refrain from imposing jail or prison time and only impose penalties such as probation, fines, community service, or restitution.

People facing felony shoplifting charges with an otherwise clean criminal record could qualify for a jail alternative called the New Jersey Pre-Trial Intervention Program (PTI). Participating in this program can help you avoid a conviction as long as you follow the conditions during your probationary period.

Contact a Short Hills, NJ, Shoplifting Defense Lawyer

If you face shoplifting charges for an alleged offense at the Short Hills Mall, you need experienced legal counsel to help you defend your rights and reputation. Reach out to the Law Office of Jason A. Volet today for a free consultation with an experienced shoplifting defense attorney.

With over 19 years of experience and more than 4,000 cases handled as both a New Jersey prosecutor and criminal defense attorney, Jason A. Volet brings deep knowledge and strategic insight to every case he handles. He is recognized as a certified Criminal Trial Attorney by the Supreme Court of New Jersey, a testament to his mastery and skill in representing criminal defendants. Call or contact the firm today to arrange your free case review.

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