Case Study: Shoplifting Charge Overturned for Client in Hackensack
Case Synopsis
Summary
Our team successfully negotiated a reduction of a client’s fourth-degree shoplifting charge to a conditional discharge, allowing her to avoid jail time and maintain a clean record while addressing her emotional distress following her father’s death.
Charge
Shoplifting
Result
Reduced charges
Case Attorney
Adam H. Rosenblum
Case Study
Background
A client approached Rosenblum Law after being charged with fourth-degree shoplifting in Hackensack, NJ. The client, a 34-year-old woman, faced serious legal repercussions, including potential jail time and fines, for allegedly attempting to steal $347 worth of merchandise from a Target store. The situation was compounded by the client’s challenging personal circumstances, including the recent death of her father, which had caused her significant emotional distress.
Legal Challenges
The primary legal challenge was to mitigate the consequences of the fourth-degree charge, which, due to the value of the stolen goods, qualified as a low-level felony in New Jersey. The potential penalties include up to 18 months in jail and a fine of up to $10,000. Given the client’s lack of a prior criminal record and the mitigating circumstances, Rosenblum Law aimed to achieve a favorable outcome that would avoid a criminal record and minimize legal penalties.
Defense Strategy
Rosenblum Law’s defense team took a compassionate yet strategic approach by:
- Gathering Mitigating Evidence: The client’s emotional state, influenced by her father’s tragic death and subsequent depression, was a key factor. The team collected relevant documentation, including the death certificate and records of her struggles with anxiety and depression.
- Plea Negotiation: The defense team prioritized keeping the case in Municipal Court, where penalties are generally less severe than in Superior Court. They engaged in negotiations with the prosecutor, emphasizing the client’s clean record, her personal hardships, and her willingness to seek therapy and other support.
- Client Support: Rosenblum Law provided the client with comprehensive legal guidance, ensuring she understood each step of the legal process. The team also encouraged her to continue seeking professional help for her mental health issues, which would further demonstrate her commitment to personal rehabilitation.
Outcome
Through careful negotiation and presentation of the mitigating circumstances, Rosenblum Law successfully reduced the charges from a fourth-degree crime to a conditional discharge (i.e. dismissal). This resolution allowed the client to avoid jail time, maintain a clean record upon completion of the discharge conditions, and receive the necessary support to address her emotional and mental health challenges.
