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  1. #1

    Question Shoplifting Charges in New Jersey

    Hi, I have browsed through various threads on this topic and am posting a new set of questions - specially ones that are unique to my situation. I was caught shoplifting at a major retail store in NJ. I was stopped outside the store, taken to the back room and I peacefully did as asked. I gave the goods back, signed a paper and was told that things would be easy as i had cooperated. The total value of the stuff was claimed as $340 though the stuff was on sale and the value should have been lesser. I was told that they consider only retail value and not the discounted value. The person called the cops who handcuffed me and took me to the police station (against what i was told earlier that i will not be handcuffed and things would be easy). There I was released on bail and i have been given a paper which says i need to wait for the court order. It was a weak moment, for the first time in my life, and i am deeply sorry about it. But what is done is done and I have to deal with it. My questions are -

    1. Is there a way that I could beg forgiveness and ask for the case to be dismissed before it goes to the court - by meeting with the detective assigned to the case or by meeting with the LP officer at the store and asking for measures by which i could pay the fine or charges?
    2. If the answer to (1) is NO then I guess I need to hire a lawyer to represent me - what is a realistic outcome i can look at? will i be jailed (this is my first offense)
    3. the paper i have received as bail document says the charge is 2c:12-1a which when i looked up on the internet is a charge for assualt (when absolutely nothing untoward had happened; i was crying all the time feeling stupid on my actions) - is it just a mistake or am i in serious danger?

    Please help answer these. Thanks in advance.

  2. #2
    panther10758 Guest

    Default Re: Shoplifting in NJ

    1. Is there a way that I could beg forgiveness and ask for the case to be dismissed before it goes to the court - by meeting with the detective assigned to the case or by meeting with the LP officer at the store and asking for measures by which i could pay the fine or charges?
    Talking to LP will do no good they do not have the authority to drop charges. Store manager might but with dollar value that high it isnt likely

    2. If the answer to (1) is NO then I guess I need to hire a lawyer to represent me - what is a realistic outcome i can look at? will i be jailed (this is my first offense)
    Ask your Atorney about diversion and if its an option for you

    3. the paper i have received as bail document says the charge is 2c:12-1a which when i looked up on the internet is a charge for assualt (when absolutely nothing untoward had happened; i was crying all the time feeling stupid on my actions) - is it just a mistake or am i in serious danger?
    No one can say talk to your attorney

  3. #3

    Default Re: Shoplifting Charges in New Jersey

    Hi, Thanks for the response.
    Talking to LP will do no good they do not have the authority to drop charges. Store manager might but with dollar value that high it isnt likely
    Is it possible that contacting the store manager could back-fire and make the case worse than it is now? What should be my stand if I do get to meet that person - in other words what is it that could make the Store Manager take a positive step towards closing this?

    Ask your Atorney about diversion and if its an option for you
    Can you help explain what it means? Is it different than "downgrading it to a plea bargain" as a friend suggested me? I was also suggested that I should try to get a "municipal ordinance" out of this - so I am kind of confused with so many options. which is the best one here or how do they stack against each other?

    I am asking for a lot here, thanks for this volunatry help.

  4. #4
    panther10758 Guest

    Default Re: Shoplifting Charges in New Jersey

    Quote Quoting Seeking_Info
    View Post
    Hi, Thanks for the response.
    Talking to LP will do no good they do not have the authority to drop charges. Store manager might but with dollar value that high it isnt likely
    Is it possible that contacting the store manager could back-fire and make the case worse than it is now? What should be my stand if I do get to meet that person - in other words what is it that could make the Store Manager take a positive step towards closing this? Yes thats possible

    Ask your Atorney about diversion and if its an option for you
    Can you help explain what it means? Is it different than "downgrading it to a plea bargain" as a friend suggested me? I was also suggested that I should try to get a "municipal ordinance" out of this - so I am kind of confused with so many options. which is the best one here or how do they stack against each other?

    I am asking for a lot here, thanks for this volunatry help.
    Diversion works like a guilty plea with fines community service etc however once you complete program there is no conviction on your record

  5. #5

    Default Re: Shoplifting Charges in New Jersey

    In NJ, downgrading a shoplifting offense to a municipal ordinance can be tried out. It works in most courts. Of course, your attorney has to fight for it. There are plenty of good criminal defense lawyers in NJ. Try getting help from one of them.
    While a diversion avoids a conviction record once you complete the terms as stated, a municipal ordinance will result in a conviction, but of much lower implications. Discuss all your possible options with an attorney ASAP.

  6. #6

    Default Re: Shoplifting Charges in New Jersey

    Finally my wife had the court appearance and the shoplifting charge was downgraded to municipal ordinance. The judge did not mention anything about jail time or community services. My wife was told to pay a fine, which she did. She was not given any document from the court about the final disposition.

    Could anybody please help me understand the implications of this:

    1. This incident happened in NJ. How will this show up on the records, since my wife was arrested and finger-printed?
    2. Should we ask the court to give us a letter stating the final disposition. Is there any particular document that we shoud have for any later situations like immigration, job interviews?
    3. Will this effect immigration inlcuding VISA extension, new VISA stamping or GC processing?
    4. Will this come up in her background checks for jobs, if yes then what should she answer if asked for details?
    5. If this comes up on her records, how long does it stay before we can apply for expungement?

    Thanks

  7. #7
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    Default Re: Shoplifting Charges in New Jersey

    Her record would presumably show her arrest, original charge, and her conviction of the municipal ordinance violation. Typically you would obtain a copy of her criminal record through the state police, if you want one. Any time you commit crimes you put your immigration status in potential risk, and run the risk that employers will choose not to hire you based on your criminal conduct.
    Quote Quoting New Jersey Expungement Statutes § 2C:52-3 - Disorderly persons offenses and petty disorderly persons offenses
    Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

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