Shoplifting at Westfield Garden State Plaza in Paramus, NJ

Westfield Garden State Plaza is one of New Jersey’s largest and busiest shopping malls. Thousands of shoppers visit its high-end retailers, department stores, and specialty boutiques each day. In turn, the mall employs a strong security presence to deter theft.

If you stand accused of shoplifting at Westfield Garden State Plaza, you could face serious legal consequences, including criminal charges, fines, and jail time. At The Law Office of Jason A. Volet, we know how overwhelming and stressful a shoplifting charge can be. We’re here to help.

Whether this is your first offense or you have prior convictions, our law firm will fight for the best possible outcome for your case. With over 4,000 cases as a prosecutor and criminal defense attorney, Jason A. Volet knows how to protect your rights and defend you against shoplifting charges. See what our clients have to say, and contact our firm for a free consultation.

What Is the Definition of Shoplifting in New Jersey?

Under New Jersey law, or N.J.S. § 2C:20-11, six forms of shoplifting can lead to a criminal charge. Those six forms are the following:

• Altering or swapping price tags
• Concealing merchandise
• Switching merchandise containers
• Walking out with merchandise without paying
• Taking shopping carts off the premises, intending to keep them
• Under-ringing (intentionally ringing up an item for less than its actual price, either by a customer or an employee).

Even minor theft can result in criminal charges. However, an experienced New Jersey shoplifting defense attorney in Paramus, NJ, can work to seek a dismissal or reduction in the charges against you.

Does Westfield Garden State Plaza Have Security Personnel to Monitor for Shoplifting?

The Westfield Garden State Plaza uses a combination of surveillance technology and security guards to deter and monitor theft. Mall security guards and loss prevention personnel are trained to identify and detain suspected shoplifters. High-end retailers may hire security teams as well.

Generally, the Westfield Garden State Plaza and similar shopping centers use a mix of CCTV cameras, undercover personnel, and anti-theft detection systems. They can detect tagged merchandise when it leaves the store.

These methods can be effective, but they do not provide conclusive proof of shoplifting. The Law Office of Jason A. Volet can review any evidence against you and fight to reduce or dismiss retail theft charges.

Can Mall Security Personnel Arrest Me If They Suspect Shoplifting?

While mall security has the authority to detain suspected shoplifters, they do not have the power to make official arrests like traditional law enforcement. A security officer or merchant can stop and question anyone they suspect of shoplifting. Security may detain suspects in a private holding area until the police arrive. Mall security officers are also entitled to ban shoplifters from returning to the mall.

As long as security personnel and merchants have a reasonable belief you were shoplifting, they should be protected from lawsuits. However, if you are detained, a New Jersey criminal defense attorney can evaluate whether they overstepped their authority in several key areas:

• Detention — Security officers must have reasonable suspicion or probable cause to detain you, either by seeing you steal the item(s) or having proof supporting their suspicions and/or allegations.
• Time — You can be detained for as long as it takes to investigate whether you were shoplifting. Any longer may be unreasonable.
• Questioning — Any questioning has to occur in a reasonable manner and at a reasonable location. For example, security personnel can’t haul you off the premises for questioning.
• Use of force — Security personnel cannot use excessive force to detain you. They can’t use deadly weapons, even if you are stealing.

If their investigation indicates you were shoplifting, a local law enforcement officer will make the actual arrest.

What Are the Penalties for Shoplifting at Westfield Garden State Plaza?

New Jersey classifies shoplifting based on the value of the stolen goods:

• Under $200 — A disorderly persons offense (misdemeanor), punishable by up to six months in jail and $1,000 in fines.
• $200 to $500—A crime of the fourth degree, punishable by up to 18 months in prison and up to $10,000 in fines.
• $500 to $75,000—A crime of the third degree, punishable by three to five years in jail and up to $15,000 in fines.
• Over $75,000 or part of an organized theft ring—A crime of the second degree, punishable by five to 10 years in prison and up to $150,000 in fines.

If you are a repeat offender, you must serve a mandatory community service. After your third offense, you will serve at least 90 days in jail.

Will I Go to Jail If I Am Caught Shoplifting?

Jail time is possible for all shoplifting convictions in New Jersey, including those from the Westfield Garden State Plaza. The punishment typically depends on factors beyond the value of the stolen goods. For example, courts will consider your prior criminal history and any mitigating circumstances before determining your sentence.

Are There Alternatives to Going to Jail for Shoplifting?

First-time shoplifting offenders may avoid jail through alternatives like the NJ Pre-Trial Intervention Program or Conditional Dismissal Program.

Here’s how those programs work:

• Pre-Trial Intervention (PTI) —This program is available for first-time offenders facing low-level shoplifting charges. It requires completing a probationary period. After the program, the charges are dismissed.
• Conditional Dismissal Program (CDP) — For disorderly persons offenses (typically involving merchandise valued under $200), this program offers a one-time opportunity to avoid a conviction through court supervision. Eligibility is not automatic. Your lawyer can discuss the possibility of this alternative sentencing option based on your specific situation.

Will a Shoplifting Charge Remain on My Record?

New Jersey criminal convictions remain on your record unless they are expunged. Without an expungement, offenders may run into problems passing background checks for employment, housing, loans, and more. Convictions may also affect immigration status and the ability to vote or possess firearms.

Expungement allows you to purge your record and wipe the slate clean. An experienced New Jersey criminal defense attorney can help you through the expungement process for a fresh start.

Contact a Westfield Garden State Plaza Shoplifting Defense Lawyer

A shoplifting charge doesn’t have to define your future. The Law Office of Jason A. Volet can help you fight your charges and pursue the best possible outcome. Founding attorney Jason A. Volet has nearly 20 years of experience handling shoplifting and theft cases and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.

If you or a loved one has been arrested at Westfield Garden State Plaza, don’t wait. Contact our firm today for a free consultation to discuss your legal options.

Visit Our New Jersey Shoplifting Defense Law Offices