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First Offense Shoplifing in New Jersey

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  • 09-30-2011, 07:32 PM
    dona
    First Offense Shoplifing in New Jersey
    My question involves criminal law for the state of: New Jersey

    I was caught shoplifting in my local WalMart the other day. They asked me for my license, handed me a statute (2A:61 C-1) with a subsection circled that states: "A civil penalty payable to the merchant in an amount of up to $150." The associate I was talking to said I would receive a letter in the mail and would have to pay this amount, and if I don't WalMart would "file a complaint against [me] and police will press charges." I was released, without having to sign anything.

    Further along the statute, I understand there is a limitation on civil action: "No civil action under this act may be maintained if the defendant has paid the merchant a penalty equal to the retail of the merchandise where the merchandise was not recovered in its original condition, plus a sum of up to $150.00."

    Can I assume that I will not be charged after I've paid this amount? Would I have to do jail time?
  • 09-30-2011, 08:13 PM
    PandorasBox
    Re: First Offense Shoplifing in New Jersey
    The Civil Demand is separate from Criminal Charges.

    Failure to pay it can result in: You being sued in Civil Court, for a large amount, plus attorney fees, etc. Failure to pay then = it messes up your credit rating.

    Paying it does not necessarily mean the store won't file Criminal Charges.

    As to sentence if charged....likely court costs and fines, restitution. Possibly community service, or an anti-shoplifting program.
  • 09-30-2011, 08:32 PM
    dona
    Re: First Offense Shoplifing in New Jersey
    Oh, no.. Would they summon me for court, even after what they said about if I don't, "police will press charges"? That was another question of mine.
    Sorry, if that's confusing. I've been having consistent anxiety about this. I have virtually no source of income..
  • 10-01-2011, 05:20 AM
    PandorasBox
    Re: First Offense Shoplifing in New Jersey
    If you don't pay, yes, it is likely they will decide to file criminal charges. Along with a Civil Suit to collect the Civil Demand.

    Yes, you would receive a court date in the mail.
  • 10-01-2011, 11:13 PM
    Shineegurl18
    Re: First Offense Shoplifing in New Jersey
    Just pay the civil demand. Don't listen to anyone that says not to pay it. Unless you would enjoy having your Credit Report all messed up. Even if you just start off by paying them $10 and continue on with monthly payments it will quickly be done with.
  • 10-02-2011, 01:20 PM
    dona
    Re: First Offense Shoplifing in New Jersey
    Quote:

    Quoting PandorasBox
    View Post
    If you don't pay, yes, it is likely they will decide to file criminal charges. Along with a Civil Suit to collect the Civil Demand.

    Yes, you would receive a court date in the mail.

    Forgive me for my misunderstanding. My English isn't too great.

    I managed to scrounge up the money for the demand. However.. Should I expect a court date coming?
  • 10-02-2011, 03:54 PM
    PandorasBox
    Re: First Offense Shoplifing in New Jersey
    Hopefully not. But the store does have 1-2 years to file criminal charges.
  • 10-06-2011, 08:00 PM
    dona
    Re: First Offense Shoplifing in New Jersey
    It's been about a week. I haven't received my letter yet. How long does it typically take?
  • 10-07-2011, 05:31 AM
    PandorasBox
    Re: First Offense Shoplifing in New Jersey
    It depends on how busy the stores lawyers are. It can be a week or a couple of months.
  • 10-11-2011, 06:22 PM
    dona
    Re: First Offense Shoplifing in New Jersey
    Just an update for any future lurkers:
    I have received my Civil Demand. It gives you many options to pay it off.
    Now all that's left is for me to wait on a possible court date..
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