New Jersey Walmart Shoplifting Defense Attorney

Shoplifting charges may seem minor, but they can have serious, lasting consequences for your life, livelihood, and reputation. New Jersey’s Walmart stores aggressively pursue each shoplifting case. So, if you have been accused, you should work with a skilled and experienced criminal defense attorney to protect your rights.

For over 19 years, the Law Office of Jason A. Volet has built defenses for a variety of criminal cases. Mr. Volet’s experience as a former Monmouth County Assistant Prosecutor gives him unique insight into how the other side works and how to counter their tactics. To learn more and discuss your Walmart shoplifting case in a free consultation, contact our Freehold or Neptune offices today.

How Does New Jersey Define Shoplifting?

Under N.J.S. §2C:20-11, shoplifting occurs when someone takes merchandise unlawfully or deprives a store of an item’s retail value. Each of these actions constitutes shoplifting:

• Taking items from a store without paying
• Concealing items in your pocket or clothes with the intent to deprive the store
• Concealing items inside other items, with the intent to deprive the store
• Altering price tags
• Under-ringing items at a self-checkout or as a cashier
• Taking shopping carts from store property without consent.

Intent is the common denominator in these cases. Prosecutors don’t need to show you left a Walmart store with unpaid merchandise to charge you with shoplifting. However, they must show that you intended to deprive the store of value.

What Are the Penalties in New Jersey for Shoplifting at a Walmart?

The total value of the allegedly stolen merchandise will determine the penalties you could face if you are convicted of shoplifting at a Walmart in New Jersey. The following are the four tiers of shoplifting offenses in New Jersey and their maximum sentences:

• Under $200 — Disorderly persons offense (DPO) carrying up to six months in jail and a $1,000 fine
• Between $200-$500 — Fourth-degree crime carrying up to 18 months in prison and a $10,000 fine
• Between $500 and $75,000 — Third-degree crime carrying three to five years in prison and up to a $15,000 fine
• Over $75,000 — Second-degree crime carrying five to ten years in prison and up to a $150,000 fine.

In addition to incarceration and fines, a shoplifting sentence can also carry:

• Community service hours, which increase for repeat offenses
• Restitution paid to the Walmart store
• Civil penalties.

Shoplifting convictions also appear on your permanent criminal record. A conviction could limit employment, housing, or educational opportunities long after you complete your sentence.

At What Dollar Amount Does a Walmart Shoplifting Offense Become a Felony in New Jersey?

Unlike many other states, New Jersey doesn’t formally describe crimes as “felonies” or “misdemeanors.” “Disorderly persons offenses” are misdemeanor-level offenses, and “indictable offenses” are felony-level crimes.

Shoplifting becomes an indictable offense when the merchandise at issue exceeds $200 in value. If you’re convicted of shoplifting merchandise above that threshold, you could lose these rights and privileges in addition to your sentence:

• Voting rights, until your jail or prison time is complete
• The right to possess a firearm
• Driving privileges, if the offense involved a vehicle
• The ability to pursue public employment.

Could I Go to Jail for Shoplifting at a New Jersey Walmart?

Jail time is a possible consequence for shoplifting at a New Jersey Walmart. While a judge could order probation for a first-time offense, they may not be as lenient under these circumstances:

• The merchandise was high value.
• You have a prior criminal history.
• You used force or the threat of force.
• You were uncooperative with loss prevention officers or law enforcement.
• You worked for Walmart at the time of the offense.

Any shoplifting case has high stakes, regardless of whether jail time is on the table. A strong defense from an experienced attorney can make all the difference for your future.

What Are Some Possible Defenses If I Am Arrested for Shoplifting at Walmart?

Each shoplifting case is unique. Your lawyer should tailor a defense strategy to the specific circumstances. Possible defenses that may apply to your case could include the following:

• Lack of intent — It is not shoplifting if you accidentally forgot about an item, became distracted, or otherwise do not intend to steal.
• Mistaken identity — Walmart’s loss prevention systems and security cameras have become more sophisticated, but they aren’t perfect. You may have a defense if the cameras do not adequately show you as the person who committed the offense.
• Ownership — If you own the items, your legal team can argue to drop the charges.
• Procedural violations — You may have a defense if the police didn’t follow proper procedures during their investigation or your arrest.
• Mental health — Mental health issues and substance use are not affirmative defenses for shoplifting. However, a judge may consider those factors during sentencing.

Could I Sue Walmart If They Falsely Accused Me of Shoplifting?

If Walmart falsely accuses you of shoplifting, you may have grounds for a civil lawsuit. These cases can be challenging. As an international corporation, Walmart has a large and resourceful legal team. New Jersey also follows the merchant’s privilege doctrine, which allows retailers to detain shoplifting suspects with probable cause.

To win a false imprisonment claim against Walmart, you must prove the store did not have probable cause or used unreasonable measures to detain you. Your lawyer can evaluate the circumstances to determine if a civil claim is viable.

Is It Possible to Have a New Jersey Walmart Shoplifting Offense Expunged from My Record?

You can pursue an expungement of a shoplifting conviction in New Jersey. However, you must meet specific criteria to qualify for a shoplifting conviction expungement, including the following:

• All fines must be paid.
• In most cases, five years must have passed after completing your sentence.
• You have no pending criminal charges.
• You have not reached the expungement limit for your offense and criminal history.
• In the 10 years since your conviction, you have incurred no new charges.

The court can order an expedited expungement with no waiting period if you were acquitted of shoplifting, or if the case was dismissed with no conviction.

Contact a New Jersey Walmart Shoplifting Defense Attorney

If a Walmart store presses shoplifting charges against you in New Jersey, time is of the essence to protect your rights and reputation. Jason A. Volet has fought over 4,000 cases in his legal career as a prosecutor and on the defense side. As a certified Criminal Trial Attorney with the Supreme Court of New Jersey, he has what it takes to investigate the details and pursue the best possible outcome for you. Contact us today to learn more in a confidential, free consultation.

Visit Our New Jersey Shoplifting Defense Law Offices