Criminal Defense Lawyer NJ - The Rubinstein Law Firm, LLC
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Municipal Court Shoplifting Attorney

Shoplifting NJSA 2C:20-11

Were you arrested for shoplifting in New Jersey? If so, you may need a municipal court shoplifting attorney to fight your shoplifting charge. 

Shoplifting - a disorderly persons offense

Shoplifting is a disorderly persons offense in New Jersey Municipal Court if the full retail value of the merchandise is less than $200.

If the merchandise costs a little more than $200, it will be sent to the county prosecutor for review.  You need to have an attorney before this happens.  Depending on your situation, you may want to keep the matter in Superior Court or may want to have it sent back down.  You do not get a say in this decision, but the RIGHT LAWYER can help make this happen for you in some circumstances.

What is Shoplifting?

  1. Purposely take merchandise from a store without paying with intention to deprive owner
  2. Purposely conceal merchandise from a store without paying with intent to deprive owner
  3. Purposely alter, transfer or remove any label, price tag or marking of value on merchandise offered for sale, or attempt to purchase at less than full value with intent to deprive owner
  4. Purposely transfer merchandise from its container with intent to deprive owner
  5. Purposely to under-ring with intent to deprive owner
  6. Purposely remove a shopping cart from store without consent with intent to permanently deprive owner

Types of Shoplifting in New Jersey

  1. Purposely Taking Merchandise. The first prohibited act deals with a person who purposely takes merchandise from a store. The defendant must do this with the intent of depriving the owner of the merchandise of its benefit (i.e. value) without paying for it.
  2. Concealment. The shoplifting statute is also intended to address a person purposely concealing merchandise offered for sale by a merchant. “Conceal” means to obscure an object such that it is not visible through ordinary observation. The concealment must be undertaken with the intent to consummate a theft. Intent is presumed where an individual conceals merchandise yet to be paid for. This presumption may be rebutted through presentation of evidence manifesting innocence.
  3. Altering or Transferring a Price Tag. Shoplifting may also be established where an individual alters, transfers or removes a label or price tag. This conduct must be undertaken with the intention of depriving the merchant of the true value or consideration intended to be paid for the merchandise.
  4. Transferring Merchandise to another Container. A person also commits shoplifting where he purposely transfers merchandise into a container with intent to commit a theft of the merchandise.
  5. Under–Ringing of Merchandise. Under-ring means to cause the sale to reflect less than the full retail value of the merchandise. The state must prove that the under-ring was purposely done. The preparation of fraudulent refund receipts is not encompassed within the offense of under-ringing sales receipts. The offense is directed to merchandise leaving the store and not merchandise being returned to the store.

Under New Jersey shoplifting laws, you could be found guilty of shoplifting if you have been found to be in possession of a store’s merchandise after exiting the store without paying for it.  There is also a presumption under New Jersey law that you were shoplifting if the merchandise is concealed on your person.  If this is the case the evidence is certainly not stacked in your favor, however, that does not mean that your case is lost, or that your intent doesn’t matter. For example, if you put an item into your pocket to free your hands while wrestling with a toddler and forgot about the item, but you were not actually intending to steal the item, then under the law you are not guilty of shoplifting.

What degree is my shoplifting charge in Municipal Court?

If full retail value is less than $200, it is a disorderly persons offense and will be handled in Municipal Court.  Therefore, no degree will apply.

What are penalties for Stealing less than $200 in New jersey?

In addition to fines and restitution that may be imposed, you may be sentenced to jail.

If your matter is a disorderly persons offense, jail time will not be more than 6 months.

If your matter is a petty disorderly persons offense, jail time will not be more than 30 days.

Mandatory community service

If first offense: at least 10 days community service

If second offense: at least 15 days community service


If third or more offense: maximum of 25 days and minimum jail term of 90 days

I Need A Municipal Court Shoplifting Attorney. What do I do now?

You hire our law firm to defend you against your shoplifting charge in Municipal Court in Mercer County, Middlesex County, or Burlington County.  We know you are scared.  We know you are worried about jail.  We will walk you through each step and fight for you as if you were our own brother or sister.  You are not the first person we have defended against these charges.  You will not be the last.  We are experienced lawyers who get the job done right!

We handle shoplifting charges in the following municipal courts:

Mercer County: Hamilton, Trenton, Ewing, Lawrence, Pennington, East Windsor, West Windsor, Hopewell, Princeton Township, Princeton Borough, Hightstown, and Robbinsville.

Middlesex County: Plainsboro, Cranbury, East Brunswick, South Brunswick, and Sayreville.

Burlington County: Bordentown, Burlington City, Burlington Township, Moorestown, Mount Laurel, Willingboro, Mt. Holly, Florence, and Pemberton.


Call to discuss your case
609-392-7600

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The Rubinstein Law Firm, LLC - New Jersey Criminal Defense Lawyer
1675 Whitehorse Mercerville Road, Suite 206, Hamilton, NJ 08619
Phone: 609-392-7600
Fax: 609-964-1785                                            
Website:  www.defendmeinnj.com
                www.njpa-law.com 
                www.injuredinnjaccident.com 
         

Who we are

Lawyers:
Kristy L. Bruce, Esq.
Robert W. Rubinstein, Esq.

Our services

Criminal Defense
DUI
Municipal Violation Defense
Expungement
Juvenile Delinquency
DMV Hearings

Courts

Mercer County
Burlington County
Middlesex County
Hamilton Township
Trenton
Ewing Township
Lawrence Township
Pennington
East Windsor
West Windsor
Hopewell
Princeton
Hightstown
Robbinsville
Plainsboro
Cranbury
East Brunswick
South Brunswick
Moorestown
Mt. Laurel
Willingboro
Mt. Holly
Florence
Pemberton
Burlington
Bordentown
Sayreville