If a store security stop, a loss-prevention interview, or a summons has turned into a criminal charge, an Essex County shoplifting defense lawyer with The Law Offices of Jonathan F. Marshall is ready to help. We’ll sit down with you, map out the road ahead, and give you clear options. We will also break down what the State must actually prove, how the grading of the offense works, and where the case will be heard.
An attorney with our firm will outline immediate steps that could improve outcomes, such as preserving store video, identifying witnesses, and gathering receipts or bank records that show a legitimate purchase or return history. We have multiple former Essex County prosecutors on our team with the connections, skill and experience on both sides of the court that you need at your advantage. Our quick, smart approach can position you for the best possible result. Please don’t hesitate to contact us for a free case review.
What Counts as “Shoplifting” Under New Jersey Law?
New Jersey’s shoplifting statute, N.J.S.A. 2C:20-11, covers more than walking out with unpaid merchandise. It lists the following six ways a person can commit shoplifting.
Carrying Away
This violation involves taking possession of merchandise to deprive the merchant of its value. Jurors are instructed that the State must prove purposeful conduct, not a simple mistake.
Concealment
Hiding an item in a bag, stroller, or under clothing – without paying – can satisfy the statute if the State proves an intent to deprive the store of the item’s value. The model jury charge explains how “value” and intent work in this context.
Price Manipulation
Altering, transferring, or removing a label or price tag to pay less than the true value is specifically covered. The jury instructions address how the State may prove a person’s state of mind, including through circumstantial evidence like surveillance footage or statements.
Switching Containers
Moving higher-priced goods into a cheaper box or different package is a separate form of shoplifting under the statute. The charge for “transferring merchandise” focuses on purposeful conduct designed to deprive the merchant of the item’s full retail value.
Under-Ringing
Under-ringing refers to scanning or causing items to be scanned at a lower price or in fewer quantities than the actual purchase, often at self-checkout or with the assistance of a cashier. The model charge outlines the elements the State must prove, including purposeful under-ringing to deprive the store of its full value.
Removing a shopping cart from store property without consent is also shoplifting. That may sound surprising, yet the statute treats cart removal as a theft from the retail establishment. The jury charge explains the proof needed for this particular conduct.
Why Grading Matters
Shoplifting is graded based on the value of the items involved. When the alleged amount is less than $200, the case is classified as a disorderly persons offense and is handled in Municipal Court. Higher amounts are “crimes” (indictable offenses) heard in Superior Court, Criminal Division, in Essex County.
Our courts draw clear lines regarding the classification of shoplifting charges based on value:
- Items with a value of at least $200 but not more than $500 carry a fourth-degree felony charge.
- Those valued at more than $500 but less than $75,000 result in a third-degree felony charge.
- Larger item values can be considered a second-degree felony.
Recent judiciary publications and appellate decisions confirm those gradations. An Essex County shoplifting defense lawyer will explain how prosecutors calculate value and why taxes or aggregated incidents can change the degree.
Potential Sentences
Sentences depend on the degree and any prior record. Municipal cases can bring fines, probation, and community service. Indictable cases can involve probation, prison time, restitution, and other conditions. For example, New Jersey has long required community service for shoplifting convictions. An Essex County shoplifting defense attorney will walk you through realistic ranges based on your facts.
Stores and loss-prevention personnel may detain a suspected shoplifter for a reasonable time and in a reasonable manner. That authority stems from the same statute, which protects merchants acting on probable cause. However, if that detention violates the law, that fact could help your defense.
Pathways That Can End in a Dismissal: PTI and Conditional Dismissal
Two diversion programs often play a significant role in shoplifting cases. Pretrial Intervention (PTI) applies to indictable charges in Superior Court and is designed for first-time entrants to the criminal justice system. If you are admitted into PTI and complete all conditions, the court could dismiss your case. An Essex County shoplifting defense lawyer will evaluate your eligibility and gather the materials that make a strong application.
Conditional dismissal may be available for certain first-time offenders charged with disorderly persons offenses, which include lower-level shoplifting crimes. The program typically runs for up to one year, during which you must remain arrest-free and comply with any court-ordered conditions, such as counseling or community service. Like PTI, successful completion of the program could result in a dismissal.
Finishing either diversion opens the door to clearing the record. The courts provide e-filing for expungements and explain when someone can apply after a dismissal through PTI or Conditional dismissal. We’ll cover those timelines during our meeting, so you know exactly what comes next.
Potentially Effective Defense Strategies
Every shoplifting file turns on proof of intent. People misplace items in a stroller, keep a product under a coat while searching for a price scanner, or step past sensors while distracted by a child. The State must show a purposeful plan to deprive the store of value.
Intent isn’t guesswork; the State must prove it beyond a reasonable doubt. Surveillance angles, timestamps, and your behavior at the register can make the difference between a conviction and a dismissal of charges. Some of the strategies your Essex County shoplifting defense attorney may consider include the following:
Questioning How a Witness Identified You
Identification and sequence of events matter, too. If loss-prevention staff lost sight of you between aisles or mixed you up with another patron, that uncertainty can undermine the State’s case. The same is true when a Millburn stop begins with a tag alarm but ends with a receipt that shows an item was already paid for, or when time-stamped banking records contradict a claim of non-payment.
Scrutinizing Alleged Label and Container Switches
If a product was already misshelved or repackaged by someone else, that breaks the chain of proof. Under-ringing cases can be even more nuanced. Self-checkout misreads, barcode errors, or items stuck together can trigger an incorrect scan. The State must show that you purposely caused the under-ring rather than experienced a machine or human mistake. An Essex County shoplifting defense lawyer will request store system data, scan logs, and loss prevention notes to test these claims.
Analyzing the Property’s Policy on Cart Removal
Cart removal charges often hinge on signage, consent, and the perimeter of store property. Some merchants permit carts to reach the curb; others mark specific boundaries. Proving a knowing, unauthorized removal is the State’s burden, and store practices can be inconsistent. Your Essex County shoplifting defense attorney will examine whether the merchant’s policies were clear and whether staff actually withheld consent at the moment in question.
How We Build Leverage For You
We are the largest criminal defense firm in New Jersey, with a 15-member roster that focuses entirely on criminal matters. That footprint means regular appearances in courts across the state and working familiarity with local procedures and stakeholders. Our record combines practical, solution-focused advice with a deep courtroom background, enabling us to identify pressure points early in the case.
Your goals drive the plan. We’ll weigh dismissal paths like PTI or conditional dismissal against litigation options, such as moving to exclude statements, challenging video authentication, or contesting value calculations. Every decision today can affect employment, licensing, immigration, travel, and future background checks. Our team will explain the long-term impact of each option and will tailor a defense that aligns with what matters most to you.
We also prioritize speed. Loss-prevention footage can be overwritten. Register data and self-checkout logs can be hard to retrieve later. We’ll send preservation requests, push for discovery, and set a timeline that keeps your case moving toward the best outcome.
Schedule Your First Meeting With an Essex County Shoplifting Defense Lawyer
The first consultation focuses on facts, not judgments. Bring any paperwork from the store or police, receipts, bank statements, and a brief timeline in your own words. An Essex County shoplifting defense lawyer with The Law Offices of Jonathan F. Marshall will immediately flag your case’s strengths and vulnerabilities. If diversion is viable, we’ll map the steps and deadlines. If the State’s proof looks thin, we’ll target the gaps and prepare to contest the charge.
When you’re ready, we’ll get to work and provide you with straightforward answers and a plan tailored to your life – not a one-size-fits-all approach. Use our online contact form or call us today to request a free evaluation of your case.
Essex County Shoplifting FAQs
Does shoplifting always result in a criminal record if I’m found guilty?
Not always; outcomes range from dismissals to conditional programs to convictions that may later be eligible for expungement under Judiciary rules.
What’s the difference between Municipal Court and Superior Court for shoplifting?
Municipal Courts handle lower-value cases; higher-value indictable charges go to the Superior Court’s Criminal Part.
Can store security detain me?
Yes, if they act reasonably and have probable cause. Your legal representative can still challenge how they conducted the stop in court.
