Being charged with shoplifting can be a daunting and stressful experience. Shoplifting, even when minor, is considered a criminal offense in many places, including New Jersey. The consequences can range from fines to jail time, depending on the severity of the case and your prior record. If you’ve been charged with shoplifting, it’s important to understand your rights and the steps you should take to protect yourself. Here’s a guide to help you navigate the situation.
Remain Calm and Avoid Making Any Statements
When confronted with a shoplifting charge, your initial reaction might be panic or defensiveness. However, it’s crucial to remain calm and avoid making any impulsive statements to law enforcement or store security. Anything you say can potentially be used against you in court, even if you’re simply trying to explain or defend yourself. Instead of offering an explanation or admitting guilt, politely assert your right to remain silent until you can speak with a lawyer.
Cooperate Without Admitting Guilt
If you’re detained by store security, cooperate with their requests, but refrain from admitting any wrongdoing. Security personnel may attempt to get you to admit to the theft or sign a statement. This can weaken your legal defense later. Keep in mind that you are not obligated to sign any documents or make any statements without first consulting a lawyer. While cooperating with authorities is essential to avoid escalation, your rights remain intact throughout the process.
Contact a Criminal Defense Attorney
One of the most important steps after being charged with shoplifting is contacting a criminal defense attorney as soon as possible. A lawyer who specializes in criminal law can review your case, explain your rights, and help you understand the possible outcomes. Shoplifting laws vary depending on the jurisdiction, and an experienced attorney can assess the evidence against you and develop a strategy to protect your best interests.
In New Jersey, shoplifting penalties can include fines, community service, and even jail time, especially for repeat offenders or cases involving larger amounts. Your attorney may be able to negotiate reduced charges or explore alternative sentencing options, such as a diversionary program, which can result in the charges being dismissed if completed successfully.
Understand the Charges and Penalties
Shoplifting charges in New Jersey can range from disorderly persons offenses to indictable crimes, depending on the value of the stolen merchandise. Here’s a breakdown of potential penalties based on the value of the stolen goods:
- Less than $200: This is considered a disorderly persons offense, which can result in up to six months in jail and fines up to $1,000.
- Between $200 and $500: This is a fourth-degree crime, punishable by up to 18 months in jail and fines up to $10,000.
- Between $500 and $75,000: This is a third-degree crime, punishable by three to five years in prison and fines up to $15,000.
- More than $75,000: This is a second-degree crime, punishable by five to ten years in prison and fines up to $150,000.
Understanding the severity of the theft charge you’re facing is essential to determining your next steps. A criminal defense lawyer can help break down the details and explain the potential penalties specific to your case.
Explore Potential Defenses
There are several defenses that can be raised in a shoplifting case, depending on the circumstances. Common defenses include:
- Lack of intent: Shoplifting requires intent to deprive the store of the merchandise. If you accidentally took an item without realizing it, your lawyer may argue that you did not have the intent to steal.
- Mistaken identity: In busy stores, it’s possible for a mix-up or misidentification to occur. If you were wrongfully accused, your lawyer may be able to present evidence that shows you were not involved in the theft.
- Violation of rights: If your rights were violated during the arrest or detention, such as improper search and seizure, your lawyer could use this to challenge the evidence against you.
Prepare for Court
If your case goes to trial, it’s crucial to be well-prepared. Your attorney will help you build a strong defense and guide you through the process. Be sure to gather any evidence that could help your case, such as receipts, witness statements, or surveillance footage, and always be honest with your attorney. They can only help you if they have all the information.
Final Thoughts
Being charged with shoplifting is a serious matter, but it doesn’t have to define your future. By remaining calm, seeking legal advice, and understanding the charges and penalties, you can work toward the best possible outcome. Whether through negotiating reduced charges, entering a diversion program, or fighting the charges in court, a skilled criminal defense attorney will be your strongest ally throughout the process.