How To Beat a Shoplifting Charge in New Jersey

Shoplifting Defense Attorneys in Morristown, Hackensack, and Newark NJ

Part 3.

“Failure To Provide Discovery”

Arrested Shoplifting Need Lawyer NJ


Click Here to view the next shoplifting defense strategy and find additional defenses by viewing our video series on the Top 5 Ways To Beat Any Criminal Charge.

As a defendant in a New Jersey shoplifting case, the State has an obligation to provide you with a trial in a speedy fashion, and they must provide you (and your attorney) with all of the evidence against you. This is known as the “discovery packet,” which includes evidence such as police reports, witness statements, and many times, surveillance video. Before you are expected to proceed with the case, the prosecutor must provide you with the discovery. If they continually fail to provide the evidence in your case, then your attorney can file what is known as a Holup motion to have the charges dismissed.

The term Holup motion came from the precedential case of State v Holup, in which the Superior Court of New Jersey decided that a court can dismiss a case based on the State’s failure to produce discovery if a motion is filed with the court in the correct manner. When a Holup motion is filed, the defendant’s lawyer provides notice that they have not received the discovery and then the court sets a time frame within which the prosecution must provide the discovery. If the prosecutor fails to provide it within said time limit, the charges can be dismissed.

Believe it or not, this is unusually common in shoplifting cases, due to the frequent necessity for video tape evidence to be provided. Many times, this evidence is simply lost, or the security personnel responsible for it just don’t get it to the prosecutor fast enough. Our shoplifting defense lawyers are often able to leverage the prosecution’s failure to provide discovery by filing Holup motions with the court. Essentially, if the State is not ready to proceed in the case within a “reasonable” amount of time, we can potentially have your charges dismissed, or at the very least, have the evidence that was not provided deemed inadmissible in court, which means it cannot be used against you.

Other Defenses to Beat Your New Jersey Shoplifting Case

If you are seeking to beat your shoplifting charges in New Jersey, the above defense strategy and others can be extremely useful. For more New Jersey shoplifting defense strategies, access the links provided below:

New Jersey Shoplifting Defense Attorneys who Fight for You

At The Tormey Law Firm, we use these strategies to achieve dismissals and favorable outcomes for clients in courts across New Jersey. In fact, it is our dedication to delivering superior results that has earned us a reputation for excellence and countless satisfied clients along the way. Here is what one client had to say about their experience with Travis Tormey, the founder of our firm:

Mr. Tormey is a great attorney and very knowledgeable not only with the entire array of municipal court statutes processes and procedures but also superior court matters. You can rely on Travis to find the most effective method of disposing of your matter without the hidden or additional penalties. Travis was very well known and respected in the municipal courts where he represented me and it made a difference as the prosecutor and Judge acknowledged him and were more then willing to work out the best results for me. Travis will give it to you straight and completely explain how the procedure will go, as he fights your case aggressively. Great Attorney – Former Client

With offices in Morristown, Newark, Hackensack, and Camden our lawyers appear on behalf of clients facing shoplifting charges in Municipal and Superior Courts in Wayne, Clifton, Teaneck, Mount Olive, Dover, Paramus, and more. If you want to discuss your shoplifting case with a knowledgeable shoplifting defense attorney free of charge, we are available 24/7 to provide cost-free consultations. Simply call (201)-556-1570 today.


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Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

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  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

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