HACKENSACK, NJ - Shoplifting accusations in New Jersey carry serious consequences that extend beyond potential fines and jail time to affect employment, housing, and professional licensing. New Jersey shoplifting attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-are-your-rights-if-accused-of-shoplifting-in-new-jersey/) is outlining the constitutional rights available to individuals facing these accusations and the penalties under state law.
Under N.J.S.A. 2C:20-11, shoplifting is defined as intentionally taking or concealing merchandise without paying the full retail value. The statute covers conduct beyond simply leaving a store with unpurchased items, including concealing merchandise, altering price tags, transferring items between containers to pay less, and under-ringing items at checkout. The key element prosecutors must prove is intent, meaning the individual consciously intended to take merchandise without paying. As New Jersey shoplifting attorney Adam M. Lustberg explains, intent is often the central issue in these cases and frequently becomes the focus of the defense.
"The right to remain silent under the Fifth Amendment is critical when facing shoplifting accusations," explains Lustberg. "Store security may pressure individuals to explain themselves, confess, or sign documents, but there is no requirement to answer questions or provide statements." A New Jersey shoplifting attorney can help you understand how to protect this right and avoid saying or signing anything that could be used against you later.
Individuals accused of shoplifting retain several constitutional protections. The right to remain silent prevents self-incrimination, and anything said can be used as evidence in court. The right to legal representation ensures access to counsel, and the presumption of innocence places the burden on the state to prove every element of the charge beyond reasonable doubt.
New Jersey shoplifting attorney Adam M. Lustberg emphasizes that signing documents presented by store security can have serious consequences. Incident reports, admission forms, and civil demand letters should not be signed without attorney review, as signatures can be used as evidence of admission of guilt.
Penalties for shoplifting in New Jersey depend on the retail value of the merchandise and prior convictions. For merchandise valued under $200, the offense is classified as a disorderly persons offense handled in municipal court, with penalties including up to six months in jail and fines up to $1,000. Additionally, convicted individuals must perform community service ranging from 10 to 25 days, depending on prior offenses.
"A third or subsequent shoplifting offense carries a mandatory minimum of 90 days imprisonment," notes Attorney Lustberg. "The penalties escalate significantly with repeat offenses."
Merchandise valued between $200 and $500 constitutes a fourth-degree crime, carrying up to 18 months in state prison and fines up to $10,000. Values between $500 and $75,000 result in third-degree charges with three to five years potential imprisonment and fines up to $15,000. Merchandise valued at $75,000 or more, particularly when connected to organized retail theft enterprises, constitutes a second-degree crime with five to 10 years potential imprisonment and fines up to $150,000.
Summons for shoplifting typically arrive within a few weeks to several months after an incident. Even when store security releases an individual at the scene, criminal charges can still follow after video evidence review and incident report completion. The statute of limitations is one year for disorderly persons offenses and five years for indictable offenses.
Fourth-degree and higher shoplifting cases in Bergen County are prosecuted in Bergen County Superior Court at the Bergen County Justice Center in Hackensack. The Bergen County Prosecutor's Office handles these indictable offenses, while disorderly persons charges proceed through municipal courts.
Individuals facing shoplifting accusations should remain calm, avoid attempting to pay for items after being stopped, provide only basic identification information, and contact legal counsel promptly. Attempting to flee or offering to pay can be construed as consciousness of guilt, potentially strengthening the prosecution's case.
Consulting with an experienced defense attorney may help individuals understand options, including challenging evidence, negotiating outcomes, or seeking diversionary resolutions where available.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm representing clients accused of shoplifting and other offenses throughout Bergen County and New Jersey. Led by attorney Adam M. Lustberg, the firm handles cases at every level from disorderly persons offenses to indictable crimes. For consultations, call (201) 880-5311.
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Phone: (201) 880-5311
Address:One University Plaza Dr Suite 212
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State: New Jersey 07601
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Website: https://www.lustberglaw.com/