If security stopped you while shopping and accused you of taking items, you need skilled, experienced Walmart shoplifting defense professionals. That’s exactly what you’ll receive when you turn to The Law Offices of Jonathan F. Marshall. We will inform you of what to expect, keep you updated at every step, and work diligently to help you achieve the best possible outcome. Get in touch with us immediately for a free case review.
Evidence Your Legal Representative Will Seek
Walmart’s cameras cover self-checkout from several angles, and electronic article surveillance logs can record alarm events and tag deactivations. A New Jersey shoplifting charge defense lawyer will request the in-store video with timestamps, the point-of-sale (POS) data associated with your visit, and any device logs that indicate whether a tag failed at the register.
Loss-prevention scripts can also affect what ends up on paper. Your New Jersey shoplifting charge defense attorney will compare witness statements to the footage, look for rushed “admissions,” and check whether a supposed concealment was just a bagging or scanning error that looks worse on fast-forward than it does in real time.
Degrees, Penalties, and Where Your Case Goes
New Jersey grades shoplifting by the full retail value that the State can actually prove. Here is a quick breakdown of what you will face.
- The items are worth less than $200 – your case will go to municipal court.
- The items are worth $200-$500 – the case is considered an indictable offense in the fourth degree.
- The items are worth $501-$75,000 – the case is considered an indictable offense in the third degree.
- The items are worth $75,001 or more – the case is considered an indictable offense in the second degree.
All cases involving indictable offenses go to the Criminal Division Court. The penalties can include lengthy prison sentences. Community service is mandatory on early convictions, and a third shoplifting conviction carries a mandatory sentence of 90 days in jail.
If this is your first offense, you could still qualify for diversion. PTI (pretrial intervention) in Superior Court and Conditional Dismissal in municipal court can keep you out of jail. A New Jersey shoplifting charge defense attorney will manage timing, paperwork, and negotiations so a diversion window is not lost while we gather discovery.
Defense Tactics That Work
Intent sits at the center of a shoplifting case. The State must prove you meant to deprive the merchant of full retail value. A New Jersey shoplifting charge defense lawyer will slow the self-checkout video, sync it to receipt data, and show how a scan error, mixed barcodes, or a double-bagging habit does not equal a plan to steal.
In addition, many cases lean on a shelf tag or a website printout that does not match the seized item. Your New Jersey shoplifting charge defense attorney will demand documentation that ties the price to the exact product and purchase time. Suppose the value is significantly lower than the store claims it to be. If that’s the case, that could not only move your case to municipal court, but it could also significantly reduce the penalties you face.
How Your Case Might Proceed
After the stop, you receive a complaint with a first appearance date. Municipal matters proceed at a faster pace with plea talks and motion dates; indictable cases involve additional steps, including prosecutor screening, formal discovery, and PTI review. We press for early discovery, then set a sequence: valuation challenges first, suppression next, and diversion or trial settings based on what the evidence reveals. If your history is clean and the evidence is thin, we will focus on reducing your charges – or having them dismissed completely. Our team will also work to keep any potential civil action you might face from distracting the criminal proceedings.
Our Shoplifting Defense Attorneys are Ready to Fight
At The Law Offices of Jonathan F. Marshall, we practice statewide in municipal and Superior Courts every week. Our team includes former prosecutors and former public defenders, and several on our trial roster hold a criminal-trial certification awarded to a small share of New Jersey legal representatives.
Time is of the essence if you need a strong Walmart shoplifting defense. Please don’t hesitate to schedule a free case review with a New Jersey shoplifting charge defense lawyer by using our online contact form.
Frequently Asked Questions
What if the wrong barcode was scanned at self-checkout?
Under-ringing requires proof of purpose to deprive. Video, POS data, and SKU comparisons can show a mistake rather than a plan to steal.
How long does Walmart keep surveillance video?
Retention varies by store and system. We will move quickly to preserve footage before it’s overwritten.
Will a first-time shoplifting accusation show up on background checks forever?
Outcomes like diversion or dismissal can limit long-term fallout. We can also discuss expungement options after the case resolves under New Jersey rules.
