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?

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.

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..

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.

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.

Quote:

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Quoting PandorasBox

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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.

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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?

Hopefully not. But the store does have 1-2 years to file criminal charges.

It's been about a week. I haven't received my letter yet. How long does it typically take?

It depends on how busy the stores lawyers are. It can be a week or a couple of months.

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..

As you intend to pay the Civil Demand...and no police were called....you *should* be fine at this point.

I'd just like to thank you, PandorasBox, for answering my questions along the way. Very helpful and straight to the point.

Just thought I'd give an update for those who may be looking for answers similar to their situation:
I paid my Civil Demand last month. Today (2 months from my incident) I received a confirmation letter of payment in the mail. I don't have the letter with me right now, but along with a confirmation message, it said something along the lines of I'm "free of the Civil duties, but does not excuse me from any charges with the incident."

How likely to file a charge now? Would I have been notified at this point?

Get caught shoplifting again, you will see how fast charges get filed I'd bet.

free of Civil duties" means jut that, the civil matter has been closed since you paid the civil demand. The store could still file criminal charges, but since it has been this long they probably would not. I think you would have received something from the court by now.

Thanks for the answer.

Any more input on how likely they will send one at this point?

Hi Dona...very hard to say at this point. They do have 1-2 years depending on the state..

At this point...I'd say very unlikely.