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ShopRite is a supermarket chain with the largest retailer-owned cooperative in the country. Shoplifting from ShopRite in New Jersey is a serious offense. New Jersey shoplifting laws are very strict, and someone does not even need to leave the store with merchandise to be accused of shoplifting; changing tags or concealing merchandise is enough for a conviction.
If you have been accused of shoplifting from ShopRite in New Jersey, you need experienced legal representation from Rosenblum Law. Our attorneys can develop effective defense strategies and negotiate with prosecutors for reduced charges and penalties.
Read on to learn more about the charges associated with shoplifting from ShopRite, the potential consequences, and your legal options if you have been convicted of shoplifting.
Understanding Shoplifting Laws in New Jersey
The first step to understanding shoplifting laws in New Jersey is to see how the state defines shoplifting. The definition of shoplifting is found in Section 2C:20-11 of the New Jersey Criminal Justice Code. This section defines shoplifting as:
- Leaving a store with merchandise without paying for it
- Concealing merchandise with criminal intent
- Altering or removing price tags
- Transfering merchandise from its container to another container or bag
- Removing a shopping cart from the premises without permission
As outlined in the state’s laws, one does not actually have to leave the store without paying to be convicted of shoplifting in New Jersey. The legal requirements for charging someone with shoplifting usually entails a witness or CCTV catching someone concealing merchandise, changing tags, or transferring merchandise from its packaging.
Shoplifting from ShopRite NJ
ShopRite takes shoplifting very seriously and employs loss prevention officers and store detectives to observe shoppers and catch them in the act. ShopRite also has CCTV footage and cameras that can record someone concealing merchandise. Their CCTV cameras are able to capture biometric information about shoppers so that they can be prosecuted later.
If someone is suspected of shoplifting from ShopRite, that person will be detained and taken to the back and their bags searched. New Jersey law allows this. If concealed merchandise is found, one might be let off with a warning. However, in most cases, ShopRite prosecutes shoplifters regardless of the value of merchandise being stolen. Police will be called, an arrest made, and charges filed.
Consequences of Shoplifting in NJ
The potential consequences of shoplifting from ShopRite in New Jersey can be steep, depending on the dollar value of the merchandise reported to be stolen. Most ShopRite shoplifting cases are for merchandise under $200, which is a disorderly persons offense punishable by up to six months in jail and a fine of up to $1,000. If the dollar value of the merchandise is more than $200, the consequences are more severe:
- For merchandise $200-500 in value, the penalty is up to 18 months in jail and a fine of up to $10,000.
- For merchandise $500-$75,000 in value, the penalty is up to 3-5 years in jail and a fine of up to $15,000.
- When shoplifting adds up to over $75,000 in value, the penalty is 5-10 years in prison and a fine of up to $150,000.
If convicted, the charge will stay on someone’s criminal record, affecting future opportunities. The charge of shoplifting will come up in background checks for employment, rentals, and more. New Jersey law also requires all shoplifters to perform community service.
In addition, it is possible for the convicted individual to lose their right to shop at ShopRite stores if they are convicted. Their CCTV cameras can scan biometric features to alert loss prevention officers and store detectives that someone banned has come into the store. An individual caught entering a ShopRite after they have been banned may be charged with trespassing.
Factors Considered in Prosecuting Shoplifting from ShopRite
The prosecution has the burden of proving that there was criminal intent to steal. Concealment of merchandise is considered evidence of this intent, as is transferring merchandise from its container to another container.
Prosecutors often rely on CCTV footage to pinpoint the moment when merchandise was concealed or the package was being opened. The testimony of loss prevention officers or store detectives can also come into play.
There are some possible defenses to the charge of shoplifting from ShopRite, such as:
- Showing that the defendant lacked criminal intent. For example, someone might have left something in their cart and forgotten about it without meaning to leave the store with it.
- Arguing that the defendant was a victim of mistaken identity. However, if the defendant was found with merchandise in a bag or on their person, this defense will not hold.
- Arguing that authorities used illegal procedures to detain, search, and prosecute the defendant. This can result in evidence being thrown out along with the charges.
This is why an attorney is so important. They can help their client decide what the best defense strategy is based on the details of the crime.
An attorney is also required to apply for New Jersey’s Pre-Trial Intervention Program (PTI) for their clients who are eligible first-time offenders. This program allows for a period of probation after which the charges are dismissed.
How an Attorney Can Assist Someone Accused of Shoplifting from ShopRite in New Jersey
An attorney can assist someone in a number of ways, starting with an initial consultation and case evaluation. During this appointment, the attorney will gather facts of the case and advise on potential legal options and defenses, as well as the potential consequences.
Once the attorney takes the case, they will investigate and gather evidence, such as witness testimony and CCTV footage. From there, they will develop a defense strategy or advise on the possibility of negotiating for reduced charges and penalties with the prosecutor. The attorney can also apply for the Pre-Trial Intervention Program for first-time offenders. If the case goes to court, the attorney advocates for the accused in court proceedings.
FAQs
Yes, ShopRite can and does ban shoplifters from their stores and charge them with trespassing if they enter the premises. They use CCTV with biometric screening to ensure that those banned from stores do not come in to shop.
It is possible to be accused of shoplifting when you just accidentally left an item in your cart without paying for it. If this happens to you, you can argue that there was no criminal intent to steal. If the merchandise was not concealed, you may be able to prove that there was no criminal intent with the help of an experienced attorney.
Yes, you can get caught stealing after leaving ShopRite. ShopRite uses CCTV and biometric screening along with store detectives to identify shoplifters after they leave the store.
Chances are good that with adequate legal representation, first-time offenders can get probation in place of jail time. An attorney can negotiate with prosecutors for reduced charges and penalties, including probation. There is also the Pre-Trial Intervention Program, which results in charges being dismissed after the probation period is complete.
If you are accused of shoplifting from a ShopRite, you will go to court in the municipality or county in which the store is located. For merchandise valued at less than $200, you will go to municipal court. All other shoplifting charges are heard in county superior courts.
Juvenile penalties are different from adult penalties. Juveniles have the possibility of being sent to juvenile detention centers. For merchandise under $200, juveniles can be sentenced to six months in a detention center. For merchandise of $200 to $500, the sentence can be up to one year. For merchandise over $500, the sentence is two to three years. First-time offenders may get probation and community service instead of sentencing to a detention center.
Yes, in some cases shoplifting charges can be expunged from your record. An attorney can best describe expungement and the chances of expungement. If you participate in the Pre-Trial Intervention Program, the charges are automatically expunged at the end of the probationary period.
If you can prove that there was no criminal intent to steal, it might be worth it to fight the charge in court. However, if there is sufficient evidence against you, you might want to take a plea deal. Never take a plea deal or plead guilty without first talking to an attorney and allowing them to negotiate with prosecutors.
Contact a Rosenblum Law Criminal Defense Attorney Today
Shoplifting charges in New Jersey are a serious matter that can result in fines and jail time. There are a number of ways one can beat the charge or get a plea deal, but it requires the careful attention of an experienced attorney.
The criminal defense attorneys at Rosenblum Law have experience defending those accused of shoplifting from ShopRite. We can negotiate with prosecutors for reduced charges and penalties, and represent you in court proceedings. Contact Rosenblum Law today for a free initial consultation and case evaluation. We have helped many people accused of shoplifting from ShopRite, and we can help you too.
List of ShopRite Stores in New Jersey
- 1001 Rt 70 West; Manchester, New Jersey 08759
- 260 N County Line Rd; Jackson, NJ 08527
- 4594 Route 9 S; Howell, NJ 07731
- 860 Fischer Blvd; Toms River, New Jersey 08753
- 2 Route 37 West; Toms River, NJ 08753
Last updated: Jun 17, 2024
