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  1. #1
    Join Date
    Nov 2004
    Location
    New Jersey
    Posts
    2

    Default Accidental "Shoplifting" Incident

    I saw your responses about shoplifiting laws in Michigan. Are you familiar with the laws in NJ? My wife rushed out of a store pushing a baby carriage because she thought she lost her wallet and panicked, but forgot that she had a few items in the bottom of the carriage. She was issued a summons to appear in Municiple Court. Is there any possible way she could get jail time for something like this? It is a 1st offense, and the dollar value was about $40.00?

    The store manager told her that if she pleads guilty, they would give her the lowest sentence. What does that mean? They indicated it would be a fine and maybe community service. But she has been worrying herself sick about it and wondering if she could get jail time.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Shoplifting in New Jersey

    It is my understanding from your description that the relevant shoplifting statute is the following:
    Quote Quoting N.J.S.A.2C:20-11c(4)
    Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.
    The statute creates a presumption of intent where the defendant "purposely conceals" merchandise - although it is not clear that your wife's actions would trigger this presumption:
    Quote Quoting N.J.S.A.2C:20-11c(4)(d)
    Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.
    I don't know by what authority the store manager could promise a particular sentence in response to a guilty plea. Under the statute, there would be mandatory community service with any guilty plea, and a fine is probably inevitable.

    Your best bet for figuring out whether your wife's defenses would likely prevail in court, and what sentence might follow, is to speak to a criminal defense attorney who practices in the court where the charges are being heard. Such an attorney should have a pretty good idea as to how the judges of the municipal court sentence in shoplifting matters.

  3. #3
    Join Date
    Nov 2004
    Location
    New Jersey
    Posts
    2

    Default shoplifing in NJ

    Thanks! I'll do that.

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