NewsAugust 5, 20240 comments

What Happens in Court to a First-Time Shoplifter?

If you’re facing a shoplifting charge, you need to consult a shoplifting defense attorney immediately. While shoplifting may seem minor, it carries serious repercussions – even when you’re a first-time shoplifter.

You won’t get off the hook that easily, even if you’ve stolen a small amount or have no prior convictions. If you don’t consult with an attorney, you can find the process quite difficult, so ensure you retain legal defense counsel immediately.

Schedule a Free Initial Consultation Today!

Understanding Shoplifting: Five Types of Shoplifting Behaviors

Shoplifting laws vary significantly from state to state, including the degree of charges and potential penalties. As an example, let’s take a look at shoplifting laws in New Jersey.

New Jersey law (N.J.S.A. 2C:20-11) defines several activities as shoplifting. Below are five common methods of taking items from a store and avoiding payment.

Woman conceals strawberries in handbag while shoplifting at supermarket.

Intentionally taking merchandise
Concealing items to avoid payment
Altering or removing price tags
Transferring merchandise to another container
Under-ringing the merchandise at checkout

Penalties for First-Time Offenders

The severity of the penalty depends on the value of the merchandise stolen:

Under $200: Disorderly persons offense

A six-month jail term
A fine of up to $1,000

$200 to $500: Fourth-degree offense

18 months in incarceration
A fine of up to $10,000

$500 to $75,000: Third-degree offense

From three to five years in prison
A fine of up to $15,000

Over $75,000: Second-degree offense

From five to ten years in prison
A fine of up to $150,000

What to Do If You’re Accused of Shoplifting

An African American man tries to steal a stylish shirt but is caught by a store security guard in a shopping mall. The Asian bodyguard asks the thief to return the fashionable item.

When caught shoplifting for the first time, you may experience:

Detainment by store security
Questioning by store management or the loss prevention staff
Potential arrest and booking at a local police station
Release on your recognizance or a requirement to post bail

If someone accuses you of taking merchandise while you’re in a store, follow these tips. Don’t try to argue or show any disrespect. You’ll only make things worse for yourself. The following tips will enable you to get through the ordeal more successfully.

Remain calm and polite
Don’t admit guilt or sign any documents
Exercise your right to remain silent
Follow the police instructions if they arrive
Contact a criminal defense attorney immediately

How Stores Might Handle First-Time Shoplifters

Stores have several options when dealing with first-time shoplifters:

Banning shopping privileges
Demanding payment of legal costs
Requiring restitution for stolen merchandise
Sending a civil demand letter

If you retain a shoplifting attorney, they can deal with the store if you took merchandise and find a more amenable solution to spending time in jail and possibly paying a more sizable fine.

What’s a Civil Demand Letter?

Many retailers send a civil demand letter to first-time shoplifters. This letter typically demands:

Payment of a civil fine
Reimbursement for stolen merchandise
Coverage of loss prevention expenses or legal fees

While this letter offers a way to resolve the issue without further legal proceedings, consulting with an attorney before responding is still critical.

How a Criminal Defense Lawyer Can Help First-Time Offenders

Gavel with stand and handcuffs on a wooden background, top view.

For first-time shoplifting offenders, a criminal defense attorney can:

Explain the charges and potential consequences
Investigate the case and identify weaknesses in the prosecution’s evidence
Negotiate for reduced charges or case dismissal
Represent you in court if the case goes to trial
Argue for lenient sentencing, such as probation or community service
Guide you through the appeals process, if necessary

Alternative Programs for First-Time Offenders

States like New Jersey may offer alternative programs for first-time shoplifting offenders, such as:

Pretrial Intervention Program (PTI): This program allows first-time offenders to avoid prosecution by completing supervised probation and other requirements.
Conditional Dismissal Program: Available for certain disorderly person offenses, this program can lead to the dismissal of a charge on completion of probation and other conditions.
Juvenile Diversion Programs: For minors, courts often focus on rehabilitation rather than punishment, offering options like community service, counseling, or educational programs instead of jail time.

Court Process

As a first-time offender, you’ll typically go through the following steps:

Arraignment: The court will formally present the charges at your first court appearance
Plea entry: You’ll enter a plea of guilty, not guilty, or no contest
Pretrial conferences: Discussions between your attorney and the prosecutor
Trial (if necessary): Presentation of evidence and testimony before a judge or jury

Knowing what’s ahead in the legal process is easier when working with an attorney.

Major Factors Influencing Your Case

Several factors can impact the outcome of a first-time shoplifting case:

The value of stolen merchandise
Your age and personal circumstances
Your willingness to make restitution
Your level of cooperation with authorities
Evidence of premeditation or sophistication in the theft

Long-Term Consequences

Even for first-time offenders, a shoplifting conviction can lead to:

A criminal record affecting employment opportunities
Difficulty renting apartments or obtaining loans
A negative effect on a professional license
Immigration consequences for non-citizens
Social stigma and poor public perception affecting personal relationships

Legal Strategies for First-Time Offenders

If you’re facing a first-time shoplifting charge, you’ll need to take the following approach:

Again, seek legal counsel immediately
Gather all relevant documents (receipts, witness statements, etc.)
Consider enrolling in counseling, a support group, or a class that helps you understand your issue
Prepare a statement of remorse and plans for future prevention
Explore options for restitution or community service

Expungement for First-Time Offenders

Expunging a criminal record: Expungement written on a document.

In New Jersey, first-time shoplifting offenders may be eligible for expungement as follows:

For disorderly person offenses: Wait five years from the completion of the sentence
For indictable offenses: Wait six years from the completion of the sentence
Early pathway expungement may be available after three to four years in some cases

Successful expungement can remove the offense from the public records.

The amount of stolen merchandise will determine your eligibility, participation in academics, community programs, or employment activities, and any evidence of a prior arrest.

Remember, the court often treats first-time shoplifting offenses more leniently, but they still carry serious penalties. You must take the charge seriously and seek professional legal help and counseling.

Contact a Shoplifting Defense Attorney for Help Now

Have you been arrested for shoplifting? If so, you need to retain legal advice and help now. Contact a criminal defense attorney now to get the assistance you need to ensure a brighter future and a better outcome for your case.