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  1. #1
    Join Date
    Jan 2015
    Posts
    2

    Default Shoplifting by Switching Price Tags

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

    Summary:
    I was arrested (22 years old) and released immediately after processing for changing price tags on a coat at a department store with a price different of $1000. I was given a complaint summons to appear at court in one week. What should I expect at this court date and the proceeding events and how should I prepare? I have no prior records on file at all I am planning to call a criminal defense lawyer for a consultation as soon as I can find one.

    Context:
    I was shopping at a discount department store and saw my father try on a coat that he enjoyed so I picked it up aft er he had put it down and tried to find a label or price tag. All I found was half a price tag with $1199 scrawled onto it in pen. I waited on line and asked for a price check and after about 5 minutes of difficulty, the employee had stopped scanning and looked at the price and said that the price might be number written on the tag so I put the coat back where I found it. I was confused because this discount store had extremely steep discounts ranging from 75% to 90% off retail prices. In a rush to purchase it and avoid the rain/ice/darkness on the highway I switched the tag with another coat on the same rack with a similar retail price/look and proceeded to purchase it. I was then detained by LP and to my horror found out after their processing that $1199 was the discounted price, not the price from which they marked down. This coat had no designer label like the others and was accompanied by coats that were all heavily discounted by 80-90%. It seems I had made the terrible mistake in assuming that $1199 was the discount store's retail price rather than manufacturer's retail price of which the discount is applied. I didn't even know coats could be that expensive at a discount store. After being arrested I was released immediately after processing and have a court date next week for the difference ($1000.40).

    Questions:
    1.) The complaint-summons says in violation of: Original charge 2C:20-11B5 which according to the state judiciary website is price switching by an employee (I'm not). Is this relevant to me?
    2.) What are the proceedings that occur during my court date?
    3.) What are the legal events that will occur after the court date? I understand that it's impossible to know exactly which ones, but what are the possible proceeding legal steps?

    Thank you all in advance. I feel like such a sheltered naive idiot after all this and will stick to my usual online shopping for awhile.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Proceeding with a Shoplifiting Charge

    1. You need a Criminal Defense Attorney.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Proceeding with a Shoplifiting Charge

    1) You're wrong. It has nothing to do with being an employee. It states that shoplifting includes things that cause items to not be sold for the full value. (i.e., price tag modification).

    2). You'll be asked to plead. Never plead guilty unless you have legal counsel as the implications.

    3) That would depend.

    Since the magnitude of your sociopathic criminal behavior puts you outside the magistrate court, you may be able to get a pretrial intervention.

    What you should do is get a lawyer.

  4. #4
    Join Date
    Dec 2014
    Location
    not in a prison
    Posts
    732

    Default Re: Proceeding with a Shoplifiting Charge

    he might be correct I found this,,, anyway its a great story,, with the dark skies and rain LOL



    5.An employee of a store can be charged with shoplifting if the employee permits the purchase of an item at less than the marked price of the merchandise. N.J.S.A. 2C:20 11(b)(5).


    3.A person can also be charged for shoplifting if he or she alters, transfers or removes any label, price tag or any other marking that is for sale at a store. N.J.S.A. 2C:20 11(b)(3). This often occurs when a person removes a tag from a cheaper item and puts that tag on a more expensive item that the individual intends to purchase

  5. #5

    Default Re: Proceeding with a Shoplifiting Charge

    Quote Quoting adf872
    View Post
    I was confused because this discount store had extremely steep discounts ranging from 75% to 90% off retail prices. In a rush to purchase it and avoid the rain/ice/darkness on the highway I switched the tag with another coat on the same rack with a similar retail price/look and proceeded to purchase it.

    Thank you all in advance. I feel like such a sheltered naive idiot after all this and will stick to my usual online shopping for awhile.
    Rain/ice/darkness whaaaaaaaaaaaaaaat?

    By the way you're not a naive sheltered idiot - you're a crappy thief and even crappier excuse generator. Was papa proud?

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Proceeding with a Shoplifiting Charge

    Shoplifting under $200 in NJ is a disorderly persons offense. If the amount is over $200, the municipal court sends the matter to superior court for possible indictment. Depending on the facts of the case, the prosecutors office will indict, or kick the charge back to the municipality for a charge of DP.

    There is no PTI for a DP shoplifting charge in NJ. You can get PTI in NJ if the prosecutors office charges the shoplifter with second, third or fourth degree crime.

  7. #7
    Join Date
    Jan 2015
    Posts
    2

    Default Re: Proceeding with a Shoplifiting Charge

    Thank you for the constructive advice.

    Are there any reputable websites to search for criminal defense attorneys?

  8. #8
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Proceeding with a Shoplifiting Charge

    I would make my way over to the courtroom a week or so before I would need to appear in that courtroom and see what attorneys get the most respect from the prosecutor there. You would have a slight advantage if you can figure which attorney seems to get along with the prosecutor. Ask that attorney for a business card and give him a call to find out what he charges for a shoplifting case.

    If you can't get down to the courtroom and spend a few hours to figure this out, look for a local attorney to that courtroom. They would know the way that courtroom works and just may get you a "municipal ordinance" charge instead of the disorderly persons. Your goal is to find a lawyer that can get you a municipal ordinance charge if the prosecutors office were to kick the charge back to the municipality level.

  9. #9
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Proceeding with a Shoplifiting Charge

    I would be getting a lawyer a lot sooner.

    Check out your local newspaper website. Especially the crime blotter section.
    Next, look up their firm and see their specialties (example, you have one heck of a Criminal Law cases, you want someone who specializes in Criminal Law)
    Make appointments for free consultations with a few.

    You want someone working on your case sooner rather than later.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Proceeding with a Shoplifiting Charge

    Many county bar associations can give a referral (or at least a list) of practicing attorneys in their area.

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