Accidently Left Store with Merchandise, Given Summons for Shoplifting

My question involves criminal law for the state of: New Jersey

Can someone please give me some advice? Two days ago I walked out of Macy's accidentally wearing a $25 Macy's ring that I had not paid for - I had been trying several rings on, and forgot to take this one off (my one year old son was with me and had a dirty diaper and my daughter was going to be dropped off from camp soon, so I was distracted and needed to get home). I had talked with a sales associate about rings and did pay for a set of earrings before leaving, with the Macy's ring on my finger the whole time - again, I had no intention to steal anything, and it was not concealed. I'm sure it was obvious on video that I had it on.

When I stepped outside the store, I was stopped by Macy's security, who pointed out the ring on my finger. I said I was sorry, and would be willing to pay for it but they took me inside the security area. They searched through my bag and found another ring (which was mine, and not from Macy's) which they accused me of also stealing, since it looked new (I rarely used it) and they had found another empty box at the ring display. So they took *my* ring as well. They asked if I wanted to pay $150 and let it go, but I was so stressed out and felt that I had not committed any crime, so I didn't accept this offer. The end result was that the police came, I received a summons for shoplifting 2 rings of $60 combined value, which is a Disorderly Persons offense and have a court date.

Now I'm trying to decide what to do and concerned about what could happen. I went to a lawyer for a free consultation, who said the fact that I went outside the store and there was likely video evidence that I hadn't paid for it, meant that I would most likely be convicted. However, reading the NJ law, it says, " For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise". This seems to be inconsistent with what the lawyer said, since I think it was fairly clear that it was not my intention to steal the ring (otherwise I would have concealed, etc.).

I have worked as a teacher in the past and have done a lot of community service, and I would not have any problems finding people to recommend my character.

My specific questions:
1) Is it likely I can prove that my intentions were not to steal?
2) What would my likely sentence be?
3) How would this affect my immigration status (I have a green card and want to become a citizen)

Thank you so much.

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Quoting ProudWoman1

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My question involves criminal law for the state of: New Jersey

Can someone please give me some advice? Two days ago I walked out of Macy's accidentally wearing a $25 Macy's ring that I had not paid for - I had been trying several rings on, and forgot to take this one off (my one year old son was with me and had a dirty diaper and my daughter was going to be dropped off from camp soon, so I was distracted and needed to get home). I had talked with a sales associate about rings and did pay for a set of earrings before leaving, with the Macy's ring on my finger the whole time - again, I had no intention to steal anything, and it was not concealed. I'm sure it was obvious on video that I had it on.

When I stepped outside the store, I was stopped by Macy's security, who pointed out the ring on my finger. I said I was sorry, and would be willing to pay for it but they took me inside the security area. They searched through my bag and found another ring (which was mine, and not from Macy's) which they accused me of also stealing, since it looked new (I rarely used it) and they had found another empty box at the ring display. So they took *my* ring as well. They asked if I wanted to pay $150 and let it go, but I was so stressed out and felt that I had not committed any crime, so I didn't accept this offer. The end result was that the police came, I received a summons for shoplifting 2 rings of $60 combined value, which is a Disorderly Persons offense and have a court date.

Now I'm trying to decide what to do and concerned about what could happen. I went to a lawyer for a free consultation, who said the fact that I went outside the store and there was likely video evidence that I hadn't paid for it, meant that I would most likely be convicted. However, reading the NJ law, it says, " For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise". This seems to be inconsistent with what the lawyer said, since I think it was fairly clear that it was not my intention to steal the ring (otherwise I would have concealed, etc.).

I have worked as a teacher in the past and have done a lot of community service, and I would not have any problems finding people to recommend my character.

My specific questions:
1) Is it likely I can prove that my intentions were not to steal?
2) What would my likely sentence be?
3) How would this affect my immigration status (I have a green card and want to become a citizen)

Thank you so much.

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Unfortunately for you, may shoplifters do wear their stolen merchandise out the door.
1. It is not your job to prove that your intentions were not to steal, it is the prosecutions job to prove you DID intend to steal.
2. First offense with a clean record most likely a fine, some community service, restitution to store and maybe some probation.
3. Last time I heard anything about it, misdemeanors do not adversely affect immigration status but I'm not 100% certain.

I would wonder about having a lawyer get the tape to prove the one ring was yours.....I would think they should have tape to show you walking in with it on....

Listen very carefully to this one:

This is about immigration.

Whatever you do, do not plead guilty to stealing it. Get yourself a lawyer and try to get the charges dismissed. If you can not get the charges dismissed, tell your lawyer that you want to plead guilty to Disorderly Conduct but not theft.

I can not overemphasize the importance of that for immigration purposes.

If you are convicted of Disorderly Conduct or plead guilty to DO, you should be fine.

But being convicted of theft is not OK for your immigration status.

Source: I am a GC Holder myself and I know the process.

Listen very carefully to this one,

I wonder how many times you got away before you got caught finally? Nice story though, liked the baby angle!

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Quoting souperdave

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Listen very carefully to this one,

I wonder how many times you got away before you got caught finally? Nice story though, liked the baby angle!

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yeah....

Luckily, the judge has heard this excuse so many time that he/she will start to sing along about when you start the "crying baby" refrain.

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Quoting xeop

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Listen very carefully to this one:

This is about immigration.

Whatever you do, do not plead guilty to stealing it. Get yourself a lawyer and try to get the charges dismissed. If you can not get the charges dismissed, tell your lawyer that you want to plead guilty to Disorderly Conduct but not theft.

I can not overemphasize the importance of that for immigration purposes.

If you are convicted of Disorderly Conduct or plead guilty to DO, you should be fine.

But being convicted of theft is not OK for your immigration status.

Source: I am a GC Holder myself and I know the process.

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So you're a thief too?

Wow. Isn't this what this forum is all about? DUH..most people in here are thieves, or were at one time. Some people learn, others don't (kleptos), but god, give people a little credit. People screw up, and I think everyone who does this knows they are wrong, they don't need captain obvious to point it out to them. This is an advice forum, FOR SHOPLIFTING, not your opinion of each person's encounter with this incident. I did it, know it is wrong, and have a story too, I just whine and cry about it, I know I did wrong, I will make it up to them, and I WONT do it again.

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Quoting stressedoutlessonlearned

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Wow. Isn't this what this forum is all about? DUH..most people in here are thieves, or were at one time. Some people learn, others don't (kleptos), but god, give people a little credit. People screw up, and I think everyone who does this knows they are wrong, they don't need captain obvious to point it out to them. This is an advice forum, FOR SHOPLIFTING, not your opinion of each person's encounter with this incident. I did it, know it is wrong, and have a story too, I just whine and cry about it, I know I did wrong, I will make it up to them, and I WONT do it again.

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Do yourself a favor and go hang out in court for a day... see how many people try a variation of this excuse.

Myself and certain other members of this forum are long time retailers... and have PERSONALLY heard the "crying baby" or "didn't remember putting those items in my personal bag" story so many times it just rolls off....

Maybe the OP is telling the truth.. .I think she, in fact, probably is. However, all the other thieves have already hardened the heart of the court to this line of excuse.

OH, no, I totally agree with you here!!! The excuses need not be.