If you have been charged with shoplifting, know that there are legal defenses to this charge. An experienced Jersey City criminal defense attorney can discuss the circumstances and details of your case with you and develop a stranger to challenge or negotiate the charge, so it can be dismissed or reduced.
In New Jersey, shoplifting can cost you a bit or a lot, depending on how you approach the charges. You could spend 18 months to 10 years in prison and face a fine of up to $15, 000 when the item you stole is worth more than $200. If you stole an item worth under $200, you could face a disorderly persons offense charge.
How Your Attorney Will Defend You
After your defense attorney reviews the facts of your case, they may discover weaknesses in the prosecutor’s case. Your rights can be violated by law enforcement. For instance, if you were roughed up, locked in a room for several hours, or forced to confess to the crime, then your rights have been violated. When a security guard has to detain you, they should do so while respecting your rights to a lawyer and to remain silent. Unreasonable detainment can quickly get the charges dropped.
Moreover, you should also be afforded the right to see evidence that supports the case of the prosecutor against you. The prosecution may possess law enforcement reports, video footage, and witness statements they will use to get you convicted for shoplifting. Discovery should be turned over within the deadline set by the judge who supervises your case. Failure to meet this deadline can result in the judge dismissing your case. Because of your right to a speedy trial, your lawyer can make a motion to dismiss your case because of unnecessary delays in the prosecution of the case. Also, your case can still get dismissed even if it goes to trial when the prosecutor fails to meet their burden of proof.
Negotiations for Charge Reduction
The shoplifting charges you are facing can be reduced from an indictable crime to a disorderly person’s offense. Your attorney can negotiate with the prosecutor for a plea bargain that is favorable to you. A skilled lawyer knows the strengths and weaknesses of the case presented by the prosecutor and your case. Often, prosecutors prefer to bargain a guilty plea to avoid the cost and time of a trial, obtain a guaranteed conviction, clear their caseloads, and other reasons.