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Shoplifting is a criminal offense that carries significant penalties, including fines, probation, and even jail time. In New Jersey, the term “shoplifting” can be used to describe a variety of acts, including:
- Altering, transferring, or removing the label or price tag of any merchandise with the intent to not pay the full retail price
- Concealing items with the intent to steal them or not pay the full retail price
- Transferring items to a different container or compartment with the intent to not pay the full retail price
- Taking items without paying the full retail price
If you or a loved one was charged with shoplifting from Walmart in New Jersey, it is extremely important to sit down with an experienced and knowledgeable shoplifting defense attorney to discuss your legal options. A Rosenblum Law criminal defense lawyer understands the nuances of New Jersey criminal law and can effectively negotiate on your behalf and represent you in court.
Understanding Shoplifting Laws in New Jersey
In New Jersey, shoplifting offenses are categorized based on the value of the items allegedly stolen. Understanding the distinctions between these offenses is crucial for building a strong defense strategy and potentially reducing the legal consequences of a shoplifting charge.
Under Section 2C:20-11 of the New Jersey Code of Criminal Justice, being charged with stealing merchandise valued at less than $200 is generally a disorderly persons offense. In New Jersey, most allegedly shoplifted merchandise falls in this range. A conviction can result in serving up to six months in jail and paying a fine of up to $1,000.
If the merchandise that was shoplifted is valued at $200 but less than $500, it is considered a fourth-degree crime. This is punishable by having to serve up to 18 months in prison.
If the merchandise is valued at least $500 but less than $75,000, it is considered a third-degree crime. A conviction could mean having to serve up to five years in jail.
If the merchandise is valued at $75,000 or more, it is generally charged as a second-degree crime. A second-degree shoplifting conviction may carry a prison sentence of between five and ten years, in addition to a fine of up to $150,000.
It is also worth noting that New Jersey law mandates community service for someone’s first, second, and third shoplifting offense. A defendant convicted of shoplifting from Walmart in New Jersey will be required to perform ten days of community service for a first offense. For a second offense, the mandatory minimum is fifteen days of community service. For a third offense, the mandatory minimum is twenty-five days.
Being convicted of shoplifting from Walmart in New Jersey can negatively affect someone’s long-term future. In addition to potential incarceration, mandatory community service, and large fines, a shoplifting conviction can limit professional opportunities, eligibility for a green card, and other things.
Shoplifting from Walmart
Walmart takes shoplifting seriously and deploys specific preventative measures. For example, many Walmart stores and Walmart Supercenters use surveillance cameras and employ security guards. In addition, at some Walmart locations, greeters also serve as “ purchased item verifiers” where they will review your receipt as you depart the store to confirm the items you have match the receipt.
This is why attempting to shoplift at Walmart is so risky. If accused of shoplifting, the store may be able to point to video surveillance footage placing the accused at the scene and there may be witnesses, including store employees and/or security personnel, who would be willing to testify against the accused at trial.
Factors Considered in Prosecuting Shoplifting from Walmart
If charged with shoplifting from Walmart in New Jersey, it is important to assess potential defenses. A prosecutor must prove beyond a reasonable doubt that the defendant intended to steal merchandise from the Walmart store. There also needs to be sufficient evidence that the defendant, and not someone else, was the actual perpetrator of the attempted theft. This is why common defenses to shoplifting charges in New Jersey typically include:
- Mistaken identity
- Lack of intent to steal
- Duress
- Simply a misunderstanding
There is also a diversion program that may be available to someone charged with shoplifting that would enable them to avoid a shoplifting conviction. This is known as the Pretrial Intervention Program (PTI Program). The PTI Program is generally available to first-time offenders charged with a fourth- or third-degree shoplifting offense.
As a general rule, an individual who participates in the PTI Program must serve between six months and three years of probation. After successfully completing probation, the shoplifting charge will be dismissed.
How an Attorney Can Assist Someone Accused of Shoplifting from Walmart in New Jersey
Given the potential penalties for shoplifting, it is extremely important to hire an effective shoplifting defense attorney in New Jersey who can help with different defense strategies and avoiding potential legal pitfalls.
During an initial consultation, the attorney will discuss possible defenses and legal strategies, answer any questions, and provide an overview of the criminal justice system in New Jersey. Once hired, the attorney will compile evidence such as witness testimony and surveillance footage. Once key evidence is collected and examined, the attorney will consider different defense strategies tailored to the specific circumstances of the case.
During court proceedings, the attorney will aggressively advocate for their client. They also will negotiate with prosecutors for reduced charges or penalties, or even try to get the charges dropped altogether. In addition, the attorney can suggest a possible plea deal and explain its consequences to their client.
FAQs
If convicted of shoplifting at a Walmart, there is the possibility of being banned from that particular store. The ban could be temporary or permanent. Walmart is a massive retail chain with numerous locations, and there is a risk of being identified and banned from other stores as well.
Someone can show a lack of intent to shoplift through witness testimony, surveillance footage, and other evidence. To determine whether a lack of intent is a viable defense, consult an experienced and knowledgeable shoplifting defense lawyer.
Yes, it is possible to be caught when leaving the parking lot with stolen items.
Most people do not go to jail for a first-offense shoplifting conviction, unless they committed another, more serious crime (such as assault) while shoplifting.
Because a conviction for shoplifting requires intent, if the evidence shows that someone did not actually intend to shoplift (for example, they put something in their cart by accident), this would be a good defense.
Yes, it is possible to have shoplifting charges expunged in New Jersey. However, convicted shoplifters are required to wait for a period of time before being eligible to apply for expungement. The amount of time depends on the value of the goods stolen and is generally five to six years.
The decision to accept a plea deal or go to court depends primarily on the specific circumstances. The best way to assess one’s legal options, including whether to accept a plea deal or go to trial, is to schedule a confidential case evaluation with a knowledgeable shoplifting defense lawyer in New Jersey.
Call a Rosenblum Criminal Defense Attorney Today
Getting charged with shoplifting in New Jersey is a serious matter. People are often overwhelmed and intimidated by the complexities of New Jersey’s criminal court system and proceedings. This is why it makes sense to retain the services of an experienced and knowledgeable shoplifting defense lawyer in New Jersey. A seasoned attorney can help explain different legal options, your rights under the law, including your constitutionally-protected rights.
A criminal defense attorney at Rosenblum Law has the time and resources to provide their clients with specialized support. Every case is assigned to an expert attorney and a full-time case manager to ensure every client receives the most effective representation and achieves the best possible outcome. A Rosenblum shoplifting defense lawyer will advocate effectively and aggressively during plea negotiations to make sure you get the best deal possible, rather than simply accepting the prosecutor’s first (and likely not best) offer. If a good plea offer is not on the table, a skilled Rosenblum Law defense attorney will be ready and able to take your case all the way to trial. To learn more, contact Rosenblum Law today to schedule a free, confidential case evaluation.
List of Walmart Stores in NJ
There are approximately 62 Walmart stores operating in New Jersey. There are multiple Walmart stores in Hamilton and Old Bridge. The remaining NJ Walmart stores operate in the following cities:
- Audubon
- Bayonne
- Boonton
- Brick
- Bridgeton
- Burlington
- Cedar Knolls
- Cherry Hill
- Cinnaminson
- Clinton
- Deptford
- East Brunswick
- East Windsor
- Edison
- Egg Hbr Township
- Flanders
- Flemington
- Franklin
- Freehold
- Garfield
- Hackettstown
- Hammonton
- Howell
- Kearny
- Lanoka Harbor
- Linden
- Little Egg Harbor
- Lumberton
- Manahawkin
- Manville
- Marlton
- Mays Landing
- Millville
- Mount Laurel
- Neptune
- Newton
- North Bergen
- North Brunswick
- Pennsville
- Phillipsburg
- Piscataway
- Princeton
- Rio Grande
- Riverdale
- Rockaway
- Saddle Brook
- Secaucus
- Somerdale
- Teterboro
- Toms River
- Turnersville
- Union
- Vineland
- Watchung
- West Berlin
- Williamstown
- Woodbridge
- Woodbury
Last updated: Jun 14, 2024
