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Shoplifting can be a serious crime in New Jersey, depending on the value of the merchandise in question. One does not even need to leave the store to be accused of shoplifting. Concealing merchandise or altering tags is enough to be convicted of shoplifting in New Jersey according to state law.
The American Dream Mall, located in East Rutherford, New Jersey, is the second largest shopping mall in the country consisting of retail stores and entertainment complexes. If you have been accused of shoplifting from the American Dream Mall, you need a strong defense. The criminal defense attorneys at Rosenblum Law can develop a defense strategy and negotiate with prosecutors for reduced charges and penalties.
This guide will help readers understand the charges associated with shoplifting from the American Dream Mall, the consequences of shoplifting, and possible defenses that can be used with the help of an attorney if you have been convicted of shoplifting.
Understanding Shoplifting Laws in New Jersey
New Jersey’s shoplifting laws are found in Section 2C:20-11 of the Criminal Justice Code. Shoplifting is defined in this section and includes:
- Taking merchandise from a store without paying
- Concealing merchandise with the intent to steal
- Altering or removing tags
- Transferring merchandise from one container to another with intent to steal
- Taking a shopping cart without permission
The requirements for charging someone with shoplifting usually involve loss prevention associates finding merchandise concealed on someone. The testimony of these associates can also be used to charge someone with shoplifting if the person was seen concealing merchandise or altering tags in person or on security cameras.
Shoplifting from American Dream Mall
American Dream Mall is one of the largest malls in the country and consists of hundreds of individual stores. Some of these stores have their own loss prevention associates and camera systems. All of the stores have loss prevention measures in place, such as devices at the door that alert store staff that something is being stolen.
American Dream Mall also has security officers who step in when someone is accused of shoplifting. New Jersey law permits them to detain those accused of shoplifting and search their bags. American Dream Mall security could let someone go with a warning, but in most cases, charges will be filed if there is evidence that the person tried to steal something. The police will be called, and the individual will be charged with shoplifting.
Consequences of Shoplifting in NJ
The potential consequences of shoplifting are quite serious and can include both fines and jail time. There are different grades of shoplifting with different penalties based on the value of the merchandise in question.
- Up to $200: This is a disorderly persons offense with a potential of 6 months in jail and a fine of up to $1000.
- $200-500: This is a fourth-degree offense with the potential of 18 months in jail and a fine of up to $10,000.
- $500-$75,000: This is a third-degree offense with the potential of 3-5 years in jail and a fine of up to $15,000.
- Over $75,000: This is a second-degree offense with the potential of 5-10 years in prison and a fine of up to $150,000.
In addition, New Jersey law states that all those convicted of shoplifting must perform community service. If convicted of shoplifting from American Dream Mall or anywhere else in New Jersey, the charge will stay on the defendant’s criminal record and could affect future opportunities in housing, employment, and other areas.
Also, someone can be banned from shopping in the mall. However, this is difficult to enforce because the American Dream Mall is so large and has such a large number of people shopping at any given time. But if the individual is caught in the mall after they were banned from the premises, they can be charged with trespassing.
Factors Considered in Prosecuting Shoplifters from American Dream Mall
To convict one of shoplifting from American Dream Mall, the prosecution must prove that there was criminal intent to steal. Concealment of merchandise is considered evidence of this intent. Leaving a store without paying for merchandise is also evidence of criminal intent to steal.
Prosecutors often rely on witness testimony to prove criminal intent to steal. Store employees or loss prevention officers may testify about the moment that the merchandise was taken or concealed. Some stores in the mall have CCTV footage that can also be used to pinpoint the moment that the shoplifting occurred.
Depending on the facts of the case, several defenses can be used to fight charges of shoplifting from American Dream Mall:
- There was no criminal intent to steal. For example, an item may have been left in the basket or placed in a bag with the intent to purchase, but one simply forgot to pay for the item.
- Another potential defense is mistaken identity. One can claim that they were not the person who shoplifted, but this defense doesn’t work if unpaid merchandise was found on the person.
- The defense might also be able to argue that one’s mental state was such that they couldn’t make a rational decision to steal. When mental illness is present, this is a valid defense.
- The defense can look for challenges to criminal procedure. If the loss prevention or police officers did not follow the law in regards to the seizure of evidence or the arrest, key evidence may be thrown out, along with the charges.
Another way a defense attorney can negate the charges of shoplifting is to apply for diversion or a Pre-Trial Intervention Program. This program is for first-time offenders, and results in a period of probation after which the charges are dismissed. This keeps the shoplifting charge off the criminal record, which helps with future opportunities.
How an Attorney Can Assist Someone Accused of Shoplifting from American Dream Mall
An attorney can assist someone accused of shoplifting from American Dream Mall by:
- Providing an initial consultation and case evaluation, during which the attorney will learn the facts of the case.
- Developing a defense strategy depending on the circumstances of the case.
- Explaining the potential consequences and legal options, including the possibility of the Pre-Trial Intervention Program (PTI) or diversion.
- Gathering evidence, primarily witness testimony and any CCTV footage that is available.
- Negotiating with prosecutors for reduced charges and penalties if a successful defense is not in the cards based on the circumstances.
- Representing and advocating for their client if the case goes to court.
One should not face charges of shoplifting from American Dream Mall without an attorney. Only an attorney can present a defense strategy or negotiate with prosecutors for reduced charges and penalties. An attorney must also apply for the PreTrial Intervention Program.
FAQs
Yes, you can lose your right to shop in the American Dream Mall if you are convicted of shoplifting from one of the stores in the mall. A “stay-away order” is common but usuall time-limited (e.g. you would not be permitted to shop at American Dream for 2 years).
You can prove that you did not intend to shoplift if you can show that you intended to pay for the item. If the item was not concealed in any way but was not paid for, you might be able to argue that you made a mistake and did not mean to steal. Hiring an attorney will increase your chances of proving that you did not intend to shoplift.
Yes, you can get caught stealing after leaving a store in American Dream Mall. The mall has its own security team that observes shoppers. If they believe that you are acting suspicious or that you have concealed merchandise, the security officers can detain you and search your bags.
With adequate legal representation, first-time offenders rarely serve jail time if it is a disorderly persons offense for merchandise worth less than $200. Attorneys can apply for the Pre-Trial Intervention Program, which is a conditional dismissal of the charges after a period of probation.
For a disorderly persons offense of merchandise less than $200 in value, you will go to court in Rutherford where the mall is located. Municipal courts handle these minor charges. However, for other shoplifting charges, the case will be heard at the Bergen County Superior Court.
Juveniles convicted of shoplifting can be sentenced to a period of time in a detention facility. For a disorderly persons offense, the juvenile can be sentenced to six months in the detention facility. For a fourth-degree offense, the sentence is one year, and for a third-degree offense, the sentence is two years. A second-degree offense results in three years in a detention facility. However, first-time offenders are rarely sent to detention centers if it is a disorderly person’s offense. It is likely that these juveniles will only get community service and pay restitution.
Yes, it may be possible to have the shoplifting charge expunged from your record. An attorney can best describe the process for having a charge expunged. If you participate in the Pre-Trial Intervention Program, the charges are expunged automatically when your probation ends.
Whether you should accept a plea deal or fight the charge in court depends on the circumstances and the evidence against you. If you can prove that you did not intend to shoplift, you may want to fight the charges. However, if you cannot prove this, you may be advised to take a plea deal. An attorney can best explain your chances of winning in court and advise you on whether or not to take a plea deal.
Contact a Rosenblum Law Criminal Defense Attorney Today
Shoplifting is a serious crime in New Jersey, with potentially expensive and severe consequences. It is vital to have adequate legal representation if one has been accused of shoplifting from American Dream Mall. Only an attorney can negotiate with prosecutors for reduced charges or penalties or apply for the Pre-Trial Intervention Program.
The criminal defense attorneys at Rosenblum Law are well-versed in fighting shoplifting charges. We can develop a defense strategy based on the circumstances of the case or negotiate with prosecutors. Our attorneys will ensure that the shoplifting charge has as little impact as possible. Contact us today for a free consultation and case evaluation.
Last updated: Jun 17, 2024
