If you are accused of shoplifting in New Jersey, you have the right to remain silent, the right to an attorney, and the right to be presumed innocent until proven guilty. You are not required to sign statements, and you may refuse consent to a search. The consequences of a shoplifting conviction can extend beyond criminal penalties. Depending on the grade of the offense and your record, you may face jail time and fines, and a conviction can create a criminal record that may affect employment, professional licensing, housing, and (for non-citizens) immigration status.
At Lustberg Law Offices, LLC, New Jersey shoplifting lawyer Adam M. Lustberg helps people accused of shoplifting in Hackensack, Bergen County, and throughout New Jersey. Our criminal defense attorney in New Jersey knows how to protect your rights from the moment you’re accused. We can assist with shoplifting cases and other indictable offenses, including matters filed at the Bergen County Justice Center in Hackensack.
This guide explains your legal rights if accused of shoplifting, the penalties you face under New Jersey law, and what you should and should not do when confronted by store security or police. Contact Lustberg Law Offices today at (201) 880-5311 to schedule a consultation and start protecting your rights immediately.
What Is Shoplifting Under New Jersey Law?
Shoplifting in New Jersey is defined under N.J.S.A. 2C:20-11 as intentionally taking or concealing merchandise without paying full retail value. The statute covers several types of conduct beyond simply walking out with unpurchased items.
Under the law, shoplifting includes purposely taking possession of merchandise with the intent to deprive the merchant of its value. It also includes concealing merchandise on your person or in your belongings. Other forms include altering price tags, transferring merchandise between containers to pay less, and under-ringing items at checkout to avoid paying full price.
The key element the state must prove is intent. You must have acted purposely, meaning you consciously intended to take the merchandise without paying. Accidentally walking out with an item you forgot to scan does not constitute shoplifting, although prosecutors often infer intent based on the circumstances.
What Are Your Rights If Accused of Shoplifting?
You have constitutional rights that protect you from the moment store security or police accuse you of shoplifting. Understanding and exercising these rights is critical to protecting yourself.
Right to Remain Silent
You have the right to remain silent under the Fifth Amendment. Store security may pressure you to explain yourself, confess, or sign documents. You are not required to answer their questions or provide any statement. Anything you say can be used against you in court, so the safest approach is to politely decline to make any statements until you speak with an attorney.
Right to an Attorney
You have the right to legal representation. For indictable charges, if the court determines that you cannot afford counsel, you may qualify for representation through the New Jersey Office of the Public Defender. In municipal court, a defendant may also qualify for a municipal public defender in cases where there is a likelihood of incarceration or other serious consequences.
While public defenders play an important part in the justice system, working with a skilled private attorney can be beneficial because private attorneys typically handle fewer cases and can devote more time and attention to your defense. Never waive your right to counsel, as having an experienced attorney can make the difference between a conviction and a dismissal.
Presumption of Innocence
You are presumed innocent until proven guilty beyond a reasonable doubt. The burden is on the state to prove every element of the shoplifting charge. You do not have to prove your innocence.
Store security can detain you briefly if they have probable cause to believe you shoplifted, but they cannot use excessive force or hold you for an unreasonable time. Police must follow lawful procedures during arrest, including reading your Miranda rights if they interrogate you in custody.
New Jersey Shoplifting Lawyer – Adam M. Lustberg
Adam M. Lustberg
Adam M. Lustberg is a New Jersey shoplifting defense lawyer with more than a decade of experience representing clients accused of theft and other criminal offenses. His background with the Essex County Public Defender’s Office and extensive courtroom experience allow him to craft effective defense strategies tailored to each client’s situation. Mr. Lustberg is recognized statewide for his dedication, preparation, and results-driven advocacy.
- Over 14 years of exclusive criminal defense experience
- Admitted to practice in New Jersey and New York
- Argued 30+ detention hearings under NJ criminal justice reform
- 10/10 Avvo rating and multiple regional and national honors
What Are the Penalties for Shoplifting in New Jersey?
Shoplifting penalties in New Jersey depend on the retail value of the merchandise and whether you have prior convictions. The charges range from disorderly persons offenses to second-degree crimes.
Disorderly Persons Offense (Under $200)
If the merchandise value is less than $200, the offense is considered a disorderly persons offense under N.J.S.A. 2C:20-11(c)(4) and is handled in municipal court rather than Superior Court.
Penalties can include up to six months in jail and a fine of up to $1,000. In addition, any person convicted of a shoplifting offense must be sentenced to community service: at least 10 days for a first offense, at least 15 days for a second offense, and up to 25 days for a third or subsequent offense. A person convicted of a third or subsequent shoplifting offense must also serve a minimum term of imprisonment of not less than 90 days.
Fourth-Degree Crime ($200 to $500)
If the merchandise value is at least $200 but does not exceed $500, the offense is classified as a fourth-degree crime under N.J.S.A. 2C:20-11(c)(3). In Bergen County, fourth-degree cases in Bergen County are prosecuted in Bergen County Superior Court at the Bergen County Justice Center in Hackensack.
Penalties can include up to 18 months in state prison and a fine of up to $10,000. The court may impose probation instead of incarceration in appropriate cases.
Third-Degree Crime ($500 to $75,000)
If the merchandise value exceeds $500 but is less than $75,000, the offense is classified as a third-degree crime. This is a serious indictable offense carrying substantial penalties.
Penalties can include three to five years in state prison and a fine of up to $15,000. Probation may be available depending on your record and the circumstances.
Second-Degree Crime (Over $75,000)
If the merchandise value is $75,000 or more, the offense is classified as a second-degree crime, the most serious level of shoplifting charge. This applies when the offense is committed in furtherance of, or in connection with, an organized retail theft enterprise and the total retail value of the merchandise is $1,000 or more.
Penalties can include five to 10 years in state prison and a fine of up to $150,000. Probation is less likely for second-degree offenses.
| Offense Level | Value of Stolen Property | Penalties |
|---|---|---|
| Fourth-degree | >$200 but ≤$500 | Up to 18 months in prison, probation, suspension of driver’s license |
| Third-degree | >$500 but ≤$75,000 | 3 to 5 years in prison, probation, suspension of driver’s license |
| Second-degree | >$75,000 | 5 to 10 years in prison, probation, suspension of driver’s license |
How Long Does It Take to Get a Summons for Shoplifting?
In New Jersey, it typically takes a few weeks to a few months to receive a summons for shoplifting after the incident. The exact timeline varies based on several factors.
The timing depends on how quickly the store or law enforcement files the complaint with the court. It also depends on how quickly the prosecutor’s office processes indictable offenses or how quickly municipal courts handle disorderly persons complaints. The timeline may also be affected by how the summons is delivered, either through the mail to your home or through a request to report to the police station.
Even if store security releases you at the scene, you can still face criminal charges later. The store may review video evidence, complete an incident report, and then file charges days or weeks after the incident. You might receive a summons in the mail or be contacted by police asking you to turn yourself in.
The statute of limitations for shoplifting depends on the charge level. For disorderly persons offenses (under $200), the statute of limitations is one year from when the offense was discovered. For indictable offenses (over $200), the statute of limitations is five years from the date of the offense.
What Should You Do If Accused of Shoplifting?
If store security or police accuse you of shoplifting, how you respond can significantly affect the outcome of your case. Follow these guidelines to protect your rights:
- Remain calm and composed. Being accused of a crime is stressful, but staying calm prevents the situation from escalating. Listen carefully to what store security or police say to you. An accurate recollection of events is important for your defense.
- Do not sign any documents. Store security may ask you to sign an incident report, admission form, or civil demand letter. Refuse to sign anything without your attorney present. Your signature can be used as evidence of admission of guilt.
- Do not attempt to pay for the item. Offering to pay for the merchandise can be construed as an admission that you intended to steal it. This harms your defense even if you were acting out of panic or trying to resolve the situation.
- Do not provide personal information beyond identification. If police ask for your name, address, and date of birth, provide that information. Do not volunteer additional information about what happened, where you were going, what you were thinking, or any other details.
- Do not attempt to flee. Running from store security or police is never advisable. Even if you believe they have no legal authority to detain you, fleeing can be seen as consciousness of guilt. Cooperate physically while exercising your right to remain silent.
- Contact an attorney immediately. As soon as possible after the incident, contact a criminal defense lawyer who handles shoplifting cases in New Jersey. An attorney can prevent you from making damaging statements and begin building your defense.
Protect Your Rights with a New Jersey Shoplifting Attorney at Lustberg Law Offices, LLC
A shoplifting accusation in New Jersey can have serious consequences even for a first offense. You deserve legal representation that protects your rights and fights for the best possible outcome in your case.
New Jersey shoplifting attorney Adam M. Lustberg at Lustberg Law Offices, LLC has extensive experience defending shoplifting cases in Hackensack, Bergen County, and throughout New Jersey. Our team understands how to challenge the state’s evidence, negotiate with prosecutors, and secure dismissals or diversionary programs for first-time offenders.
We handle cases at every level, from disorderly persons offenses to indictable crimes. Call us today at (201) 880-5311 for a consultation.
