Everyone makes mistakes and teens are no exception. But for many parents, learning that their child has been charged with shoplifting can be a very distressing experience. It’s not just because of the penalties they face but also because a criminal record can impact their ability to apply for jobs or college, not to mention negatively affecting any future financial opportunities.
It’s important to understand that juvenile shoplifting charges are handled very differently than adult ones, with the penalty largely based on whether or not it is a first time offense and the nature of the incident itself. Juveniles can face fines, restitution payments and even jail time depending on the severity of the crime. It’s vital to seek qualified legal representation for your child to help avoid excessive penalties that can damage their life long-term.
Under New Jersey law, shoplifting is classified as a disorderly persons offense when the value of the stolen goods is less than $200. But if the items are worth more than that, they are considered a fourth degree crime. This type of shoplifting offense carries with it the potential for up to a year in detention facility, heavy fines and restitution payments. The severity of these penalties increases with each additional offense.
Unlike in adult cases, where the court may allow the defendant to testify in their own behalf, a judge will decide the case at a bench trial in Family Court. The legal standard that a judge uses to determine the appropriate sentence is “the best interests of the child.”
Because of this, it is rare for anyone who has never been arrested before to face jail time for a shoplifting conviction. However, there are a number of other possible penalties, including fines, community service and probation. A second shoplifting offense is a delinquent act, meaning that the juvenile will be labeled as a delinquent person and this can lead to a prison term.
In addition to the above, a child who is convicted of a shoplifting offense may be required to pay restitution payments, undergo one-on-one or family counseling, or may be ordered to take part in state-run educational or developmental programs. It is also possible that the case could be dismissed if the defendant is placed into a first offender diversion program, such as Pre-Trial Intervention or Conditional Dismissal and successfully completes it.
An experienced NJ criminal defense attorney will thoroughly review the evidence against a juvenile and push back on any questionable evidence in an attempt to get the case dropped or reduced before it goes to trial. This is a crucial step because the prosecution will put forth their strongest case to show that your child is guilty of shoplifting. A conviction on a young person’s record can have a lasting negative impact on their life that will last well into adulthood.
If you are facing shoplifting charges in New Jersey, the experience can be a shock. You may be worried about jail time, fines, or the effect on your job. While a conviction can be serious, there are options for you to avoid prosecution and keep this offense off your record.
If this is your first shoplifting offense, you may be able to avoid a conviction by entering into one of the diversionary programs available in the state. These include Pretrial Intervention (or PTI) and Conditional Dismissal. Both of these programs allow a first offender to avoid a conviction by agreeing to a certain set of conditions, such as a period of probation and restitution. These programs are only available to those who meet the criteria set by the court.
For example, you may be eligible for PTI if the value of the stolen items is less than $500. However, you are not eligible if you are a public employee, you have a prior felony conviction, or you have been arrested for a violent crime. In addition, the prosecutor must consent to your application for PTI or CD, and you must be a good candidate for admission, meaning that the courts have decided that you are likely to participate in the program.
An experienced criminal defense attorney can challenge the evidence in your case and work with prosecutors to get your charge downgraded or dismissed altogether. If you were caught on video concealing merchandise or changing price tags, your lawyer can negotiate the case down to a disorderly persons offense and help you qualify for conditional dismissal.
In many cases, a shoplifting offense can be dismissed by participating in a diversionary program in either municipal or superior court. You will be required to stay substance and arrest free and abide by other conditions, and you will also need to repay the merchandise that you stole. Getting into this type of program is not easy, and it will not happen if you are a repeat offender or if the stolen goods are particularly expensive.
Shoplifting is considered a non-violent offense and does not carry prison time, but it will remain on your record even if you are found not guilty of the crime. Having a skilled criminal defense attorney on your side can make all the difference in your case, especially if you are a veteran facing a shoplifting charge as this may be grounds for eligibility to enter into a military diversionary program, which can provide rehabilitative services specifically for veterans. However, this is only possible if you have never participated in such a program before and your attorney can successfully argue to the court that you are a suitable candidate. This article is for general education only and does not constitute legal advice, since each case is unique.
Many people are surprised to find out that a store can hire a law firm to send them a civil demand letter after an incident of shoplifting. These letters often demand restitution, which is money that covers costs related to the alleged theft. In some cases, the retailer will ask the law firm to also request that police file criminal charges against the suspected shoplifter. The law firm can request as much or as little money as they want, and may even charge the suspect a fee for their services.
The main purpose of these letters is to discourage people from shoplifting and to pressure them into paying restitution. They are typically sent out by law firms representing large retailers and tend to target young adults. They often make threats about pursuing further legal action or that the store will sue them. In some instances, they will even claim that they can prosecute the suspect for a misdemeanor or felony criminal offense.
While these letters are intimidating and can seem time sensitive, most of them are not enforceable without a court judgment. Most of the time, they are simply an attempt to bully people into settling a dispute that they can’t win in court. It is recommended that anyone who receives a civil demand letter from a retailer contact an attorney to help them review the letter and respond in writing. This is an important step to protect one’s rights and should be taken seriously.
In some cases, a defendant who receives a civil demand letter can choose to negotiate with the law firm or the retailer. It’s generally a good idea to do so since the restitution amount they’re demanding is often less than the cost of the items stolen. In some cases, the store will agree to drop the demand for a small fee, such as the cost of filing a small claims lawsuit in state court.
Despite the fact that a civil demand letter is not enforceable without a court judgment, some shops will take this type of action to discourage alleged shoplifters. However, a small claims court judge can determine that a demand letter is invalid and unenforceable if the recipient proves that the amount claimed in the demand is unreasonable.
Shoplifting may not seem like a serious crime to some, but it is actually a big deal for retail businesses that depend on revenue to stay in business and provide employees with wages. If you or a loved one has received a demand letter, it is best to have an experienced shoplifting defense attorney review the case. Taking quick action could help you avoid future problems and may even keep you out of court altogether. Contact a New Jersey Criminal Defense Lawyer for more information about how to deal with Civil Demand Letters after a Shoplifting Incident.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311