Essex County Shoplifting Defense Lawyer

Essex County Shoplifting Defense Lawyer

You were stopped by loss prevention at a store in Essex County – Short Hills Mall, Whole Foods, Target – for shoplifting. Security detained you, called police. You’re charged with shoplifting under N.J.S.A. 2C:20-11. Maybe you forgot to scan items at self-checkout. Now you’re holding a complaint-summons AND received a civil demand letter from the store’s law firm requesting $500. You don’t understand how forgetting to pay for $50 worth of items becomes criminal charges plus civil penalties. Here’s what’s happening: New Jersey treats shoplifting seriously – even first offense under $200 carries up to 6 months jail, $1,000 fine, permanent criminal record. And stores send separate civil demand letters threatening lawsuits for damages. Your attorney must handle both criminal case AND civil demand.

Thanks for visiting Spodek Law Group. We’re a second generation law firm managed by Todd Spodek, who has defended clients against theft charges. When Todd defended Anna Delvey against theft charges, he challenged prosecution evidence – forcing the state to prove intent. The firm was founded in 1976, giving us nearly 50 years defending shoplifting cases. This article explains shoplifting penalties, civil demand letters, Pre-Trial Intervention eligibility, and how an attorney defends you.

What Charges Mean and How Attorney Defends You

N.J.S.A. 2C:20-11 defines shoplifting as: (1) Taking possession of merchandise, (2) With intent to deprive merchant of value, (3) By concealing items, altering price tags, or under-ringing at checkout. Penalties depend on value. Under $200: disorderly persons offense, up to 6 months jail, $1,000 fine. $200-$500: fourth-degree crime, up to 18 months prison. $500-$75,000: third-degree crime, 3-5 years prison. All convictions create permanent criminal record affecting employment, housing, professional licenses. You forgot to scan $50 worth of items at self-checkout. Loss prevention reviewed footage, stopped you at exit. Police charged disorderly persons offense. You face 6 months jail maximum, $1,000 fine, permanent record. Employer runs background check – shoplifting conviction appears, you lose job. Week after arrest, you receive letter from “Retail Recovery Services” demanding $500 for incident where merchandise value was $50. Letter threatens lawsuit if you don’t pay within 20 days. Criminal case is prosecuted by state. Civil demand is pursued by store. Both are separate. Attorney handles both. Under N.J.S.A. 2A:61C-1 (Civil Shoplifting Liability), stores can sue for damages even if criminal charges dismissed. Typical demands: $150-500 minimum + merchandise value + attorney fees. Store only needs to prove by preponderance (not beyond reasonable doubt) that you intended to shoplift. If you don’t pay, store files civil lawsuit for 2-5x retail value plus costs. Paying civil demand does NOT resolve criminal charges. Refusing does NOT affect criminal case outcome. Attorney negotiates reduction – many stores accept $150-300 settlements. You’re 25, first arrest, employed. Attorney applies for PTI under N.J.S.A. 2C:43-12. Prosecutor approves. You complete 1 year supervision, pay $100 restitution, complete 30 hours community service. After completion, charges dismissed. No conviction. You file expungement immediately. Background checks show nothing. Without PTI, you’d have permanent shoplifting conviction making employment difficult. PTI is diversionary program allowing dismissal after completing supervision. Eligibility: first-time offenders, no prior PTI, clean record, prosecutor consent. Attorney applies to Essex County Prosecutor’s Office (indictable) or municipal court PTI coordinator (disorderly persons). Requirements: admit responsibility, complete 6 months-3 years supervision, pay restitution, complete community service (25-50 hours), stay arrest-free. If completed: charges dismissed, no conviction, immediate expungement eligibility. PTI is best outcome – no criminal record, no jail. If PTI denied, case proceeds to trial or guilty plea. Loss prevention claims you concealed items in bag at Short Hills Mall. Attorney reviews surveillance footage – video shows you shopping with full bag, selecting items, but never shows you actually concealing anything in bag. Video shows you walking toward checkout before being stopped. Attorney argues insufficient evidence of concealment, video supports your version (items already in bag when you entered store). Prosecutor dismisses charges. Attorney challenges intent element. Shoplifting requires intent to deprive merchant – if you forgot to scan, planned to pay but got distracted, genuine mistake, no intent. Attorney reviews surveillance footage to see whether you concealed items, whether you walked past registers intending to pay, whether you acted suspiciously. Attorney challenges loss prevention stop: Did loss prevention maintain continuous observation? Did they observe you select, conceal, and exit without paying? If observation broken, they cannot prove you didn’t pay at another register. Attorney asserts mistake of fact defense: you believed items were already paid for (companion paid, thought items in another bag). Attorney argues insufficient evidence: prosecution must prove beyond reasonable doubt – if video unclear, if loss prevention testimony inconsistent, attorney argues reasonable doubt. For small-value cases with clean records, attorney negotiates dismissal in exchange for shoplifting awareness class or charitable donation. Your court date is Millburn Municipal Court. Attorney appears with you, requests discovery. Attorney applies for PTI same day. Prosecutor reviews your clean record, approves PTI. You avoid trial, complete PTI requirements over 1 year, charges dismissed. Disorderly persons (under $200): Municipal courts (Millburn, Montclair, Newark, Bloomfield) handle these. Indictable offenses ($200+): Essex County Superior Court handles these. At first appearance, judge reads charges, attorney requests discovery (police reports, surveillance footage, loss prevention reports). Attorney submits PTI application within 30 days. Attorney reviews footage, identifies weaknesses. Attorney meets prosecutor, discusses dismissal or PTI. If no acceptable resolution, trial proceeds before judge (municipal) or jury (Superior Court). If convicted, judge imposes sentence within statutory ranges. Cost of conviction: permanent record, employment consequences, professional license discipline. Civil demand must be addressed: separate from criminal case, doesn’t go away even if charges dismissed. PTI is best outcome: no conviction, immediate expungement eligibility. Attorney fees run $1,500-5,000 versus permanent criminal record. We’ve defended shoplifting cases in Essex County municipal courts and Superior Court. We know how to challenge loss prevention stops, surveillance evidence, intent allegations.

Call 212-300-5196.