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Stealing Merchandise from Work

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  • 10-27-2014, 04:10 PM
    distressed567
    Stealing Merchandise from Work
    My question involves criminal law for the state of: New Jersey. So about 4 days ago I was called into Loss Prevention in the JCPenney I worked at for shoplifting and they told me that they knew it was going on for a while and that I'd have to pay back everything I took and go to court for it.
    I'm 18 years old and this is my first offense ever and I really wanted to know if this is going to go on my record. The amount of what I shoplifted was quite a lot, but under $1000 and I don't know if that's going to be a felony or not. So if it is a felony, is there a chance that I can not get convicted for it or could it possibly go down to a misdemeanor? I really don't want this on my record since I was planning on going to nursing school and that'll ruin any chances of getting my license.
    Additionally, they didn't call the police or even say anything about me receiving a letter in the mail about it so I don't know what's going to happen next since it's been 4 days since and I would've expected to get a letter by now. They also made me write a statement about what happened since they've got me on camera and I had no choice but to sign and write it since I was terrified and I wanted to be cooperative.
    I also have the majority of the items that I did steal and I'm completely willing to return it since it was just a huge mistake but I don't know if they'll let me. Is there any chance that they might?
    If I do get a court summons and not a civil demand letter should I get a criminal defense lawyer or a public defender or anything at all?
    If I do plead guilty will it show up on my record as a conviction? The Loss Prevention officer also said that it could be put down as just disorderly behavior, is that true?
    And if I do get a civil demand letter should I pay it or not? If I do pay it will they not press charges?
    The main thing I'm worried about is if I have to pay a large amount back or if I'm going to be convicted since I don't have a lot of money and I want to keep my record clean, and is there any chance that I can avoid going to court altogether since no police were involved?
    I could really use the help since I'm completely terrified over the situation.
  • 10-27-2014, 04:35 PM
    Security Consultant
    Re: Stealing Merchandise from Work
    It's not "shoplifting" - it's theft.
  • 10-27-2014, 05:26 PM
    cbg
    Re: Stealing Merchandise from Work
    I really don't want this on my record since I was planning on going to nursing school and that'll ruin any chances of getting my license.

    Gee, that's a shame. Too bad you didn't think of that before you stole, isn't it?
  • 10-27-2014, 05:32 PM
    Mr. Knowitall
    Re: Stealing Merchandise from Work
    You need to consult a criminal defense lawyer. You should keep the stolen items in a safe place, and discuss your options with your lawyer. You can discuss with your lawyer how you might reduce the charges or potentially avoid a criminal conviction, based upon the full facts of the offense.

    If you are criminally charged, you can petition for a court-appointed lawyer.
  • 10-28-2014, 08:28 AM
    DeputyDog
    Re: Stealing Merchandise from Work
    Quote:

    Quoting Mr. Knowitall
    View Post
    You need to consult a criminal defense lawyer. You should keep the stolen items in a safe place, and discuss your options with your lawyer. You can discuss with your lawyer how you might reduce the charges or potentially avoid a criminal conviction, based upon the full facts of the offense.

    If you are criminally charged, you can petition for a court-appointed lawyer.

    You can take this advice, of course. But in the interest of full disclosure, I'm going to tell you how this works from both a LE and retail loss prevention point of view, since I have worked and do work in both.

    You committed a crime. You can own up like an adult and take responsibility, accepting the consequences of your actions, or you can try to "get out of it."

    You should know this, however: As much as you say, and probably believe, that this really is the only time you'll ever do this, and you'll NEVER do something like this again, it's probably not true. You are a dishonest person. A person like you will be tempted again and will give in. And when you do, expect no mercy whatsoever.

    People who "lawyer up," and try to "get out of it" while avoiding responsibility get cut NO BREAKS. If something is on the fence between a misdemeanor or felony, we push for the felony. If the judge is looking at probation for you, we push hard and argue for jail time. And eventually, after you do enough crimes, petty or not, the hammer will come down on you. I once sent a guy to prison for 25 years because he shoplifted. There are pages more to the story than that one shoplifting incident, and yes he was on probation - but he kept violating, and doing new petty crimes, over and over until finally the hammer came down on him.

    Please note that I'm NOT condemning the retaining of an attorney to make sure your rights are protected or to try to broker a deal as fair to you and the victim as possible.

    But this idea of hiding the stolen merchandise, refusing to talk, and trying to get the charges dismissed for a crime that you ADMIT you have committed? The store has evidence. You want to play that way? There are jurisdictions around here in which I could convince the judge to lock you up and fine you the maximum for that. And that is the treatment you should expect.
  • 10-28-2014, 08:50 AM
    flyingron
    Re: Stealing Merchandise from Work
    Regardless of whether they want to accept responsibility or not, fight it or not, nobody should go through the criminal process without legal counsel. I'm sorry, as DD aludes, there's just too many minefields that can be stepped on. The aggregate amount of $1000 or so (anything over $500) puts it into the the realm of third degree theft in NJ. NJ doesn't classify things as misdemeanors or felonies, but third degree theft is at the level that is generally considered a felony. The range of sanctions is broad and the life long implications are severe. Forget about licenses, most employers don't want felons who stole from their employers on their sites. A local judge puts it this way "I'd rather have an applicant with a drug history than a thief. The rehab for the drug addicts is a lot better."
  • 10-28-2014, 08:52 AM
    distressed567
    Re: Stealing Merchandise from Work
    I made one mistake. Just because I did something wrong once doesn't mean that it's guaranteed to happen again, there is such a thing as learning your lesson. I'm also not purposely trying to hide the stolen merchandise, I'm completely willing to return all of it, they just never mentioned anything about returning it or even questironed me about it. I'm willing to pay it all back as well, I know what I did was wrong and I'm more than willing to make up for it, my ultimate concern was it being on my record. And as for refusing to talk, I was being 100% cooperative from the start of this, I answered all of their questions honestly and did everything that they asked of me.
    The LP also said that I wouldn't be serving jail time, I would just have to pay everything back and it would be put down as disorderly behavior.
  • 10-28-2014, 10:10 AM
    DeputyDog
    Re: Stealing Merchandise from Work
    Quote:

    Quoting flyingron
    View Post
    Regardless of whether they want to accept responsibility or not, fight it or not, nobody should go through the criminal process without legal counsel. I'm sorry, as DD aludes, there's just too many minefields that can be stepped on. The aggregate amount of $1000 or so (anything over $500) puts it into the the realm of third degree theft in NJ. NJ doesn't classify things as misdemeanors or felonies, but third degree theft is at the level that is generally considered a felony. The range of sanctions is broad and the life long implications are severe. Forget about licenses, most employers don't want felons who stole from their employers on their sites. A local judge puts it this way "I'd rather have an applicant with a drug history than a thief. The rehab for the drug addicts is a lot better."

    As I said, I understand the very valid reasons for retaining legal counsel. I was speaking to this mindset of "Say nothing, try to get the charges dismissed on a technicality." That's not honorable.

    - - - Updated - - -

    Quote:

    Quoting distressed567
    View Post
    I made one mistake. Just because I did something wrong once doesn't mean that it's guaranteed to happen again, there is such a thing as learning your lesson. I'm also not purposely trying to hide the stolen merchandise, I'm completely willing to return all of it, they just never mentioned anything about returning it or even questironed me about it. I'm willing to pay it all back as well, I know what I did was wrong and I'm more than willing to make up for it, my ultimate concern was it being on my record. And as for refusing to talk, I was being 100% cooperative from the start of this, I answered all of their questions honestly and did everything that they asked of me.
    The LP also said that I wouldn't be serving jail time, I would just have to pay everything back and it would be put down as disorderly behavior.

    A mistake is parking your car in the wrong spot because you forgot where you were told to park. You are a thief. You stole purposely, every time. No mistake there.

    No it's not guaranteed to happen again. But I've been working long enough to know that it usually does.

    Your "concern" with it being on your record should have stopped you from doing it. But you willingly chose to make a bet, of sorts, and you bet your future that you'd not get caught - and you lost that bet spectacularly. I do not feel bad for you.

    This is not "disorderly behavior." Disorderly behavior is getting a little too drunk and being a little too loud in public, or play fighting and acting like a fool in a manner that briefly annoys other people.

    This is theft. And you are a criminal.
  • 10-28-2014, 11:02 AM
    distressed567
    Re: Stealing Merchandise from Work
    Quote:

    Quoting DeputyDog
    View Post
    As I said, I understand the very valid reasons for retaining legal counsel. I was speaking to this mindset of "Say nothing, try to get the charges dismissed on a technicality." That's not honorable.

    - - - Updated - - -



    A mistake is parking your car in the wrong spot because you forgot where you were told to park. You are a thief. You stole purposely, every time. No mistake there.

    No it's not guaranteed to happen again. But I've been working long enough to know that it usually does.

    Your "concern" with it being on your record should have stopped you from doing it. But you willingly chose to make a bet, of sorts, and you bet your future that you'd not get caught - and you lost that bet spectacularly. I do not feel bad for you.

    This is not "disorderly behavior." Disorderly behavior is getting a little too drunk and being a little too loud in public, or play fighting and acting like a fool in a manner that briefly annoys other people.

    This is theft. And you are a criminal.

    It was a mistake. A mistake is not necessarily restricted to simply "parking your car in the wrong spot." I know what I did was wrong and I'm willing to make up for it.

    While it may usually happen again, you don't speak for everyone and I know that it definitely won't in my case. I've learned my lesson.

    I don't care if you don't feel bad for me; you're a stranger on the Internet and I'm just simply seeking some advice on what to do next in my situation, that's it. And I'm grateful for the advice that I have received on this website.

    First of all, I meant to say a disorderly persons offense. And second of all, I haven't been convicted as of today, therefore I am not a criminal.
  • 10-28-2014, 11:03 AM
    DeputyDog
    Re: Stealing Merchandise from Work
    Quote:

    Quoting distressed567
    View Post
    It was a mistake. A mistake is not necessarily restricted to simply "parking your car in the wrong spot." I know what I did was wrong and I'm willing to make up for it.

    While it may usually happen again, you don't speak for everyone and I know that it definitely won't in my case. I've learned my lesson.

    I don't care if you don't feel bad for me; you're a stranger on the Internet and I'm just simply seeking some advice on what to do next in my situation, that's it. And I'm grateful for the advice that I have received on this website.

    First of all, I meant to say a disorderly persons offense. And second of all, I haven't been convicted as of today, therefore I am not a criminal.

    A mistake means you did it accidentally. This was no mistake. OWN UP. If I were the judge and heard you talk like this, I'd lock you up.

    Also, keep thinking that what makes a criminal is a conviction. If you murder someone and don't get caught, you are a murderer. And since murder is against the law, a criminal.

    YOU ARE A CRIMINAL, whether you get convicted or not.

    Oh, yeah .... GROW UP.
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