How to Fight New Jersey Shoplifting Charges

Shoplifting Attorneys in Rockaway, Woodbridge, Hackensack, and Livingston NJ

Part 2.

“Failure to Provide Speedy Trial”

Click Here to see the next defense strategy, and check out our series on Top 5 Ways To Beat Any Criminal Charge.

If you are arrested for shoplifting in New Jersey, the prosecution has to prove their case beyond a reasonable doubt in order for you to be found guity. As a defendant, you are entitled to take your case to trial and to have a speedy trial. Your case cannot simply extend interminably because the State is not prepared to proceed. This provides another excellent defense strategy to fight a shoplifting charge in New Jersey. In shoplifting cases, witnesses are often integral components of the State’s argument, as they provide testimony to back-up whatever they supposedly saw you do to commit a shoplifting crime.

Many times, the witnesses in the case against you will simply fail to appear in court. Often, there are security personnel that initially apprehended you before the police were called to the scene. These individuals are frequently less-than-diligent when it comes to seeing your case through. Under New Jersey law, even if the witness gave a statement to police at the scene, the police officer cannot testify as to what the witness said. This is known as heresay. So, if the witness fails to appear in court on the scheduled date and time, the state cannot use any of their previous statements against you. In fact, our lawyers regulalry file motions to have shoplifting charges dismissed because the witness doesn’t show up in court. The retail establishment working against you doesn’t have the opportunity to make many mistakes before we can have the case thrown out of the courtroom.

Frequently Asked Questions About Shoplifting Charges and Speedy Trial Rights in New Jersey

What is the right to a speedy trial in a New Jersey shoplifting case?

As a defendant charged with shoplifting in New Jersey, you are entitled to have your case resolved within a reasonable timeframe. The prosecution cannot allow your case to drag on indefinitely because they are not prepared to proceed. If the State fails to move your case forward in a timely manner, your attorney can use this as a defense strategy to fight the charges.

What happens if a witness doesn’t show up to court in a shoplifting case?

If a key witness fails to appear in court on the scheduled date, the State cannot use any of their previous statements against you. Under New Jersey law, a police officer cannot testify about what a witness told them at the scene, as this is considered hearsay. Without the witness present, an attorney can file a motion to have the shoplifting charges dismissed.

Can shoplifting charges be dismissed if the store’s witness doesn’t appear?

Yes. In many shoplifting cases, security personnel who initially apprehended the defendant are required to testify. If these witnesses fail to appear in court, the prosecution may lack the evidence needed to prove the case beyond a reasonable doubt. Defense attorneys regularly file motions to dismiss charges when witnesses do not show up.

What does the prosecution need to prove in a New Jersey shoplifting case?

The prosecution must prove its case beyond a reasonable doubt in order for you to be found guilty of shoplifting in New Jersey. This typically requires witness testimony from security personnel or store employees who observed the alleged offense. Without this testimony, the State’s case may fall apart.

What is hearsay, and how does it apply to shoplifting cases in NJ?

Hearsay refers to an out-of-court statement offered as evidence to prove the truth of the matter asserted. In New Jersey shoplifting cases, if a witness gave a statement to police at the scene but does not appear in court, the police officer cannot testify about what the witness said. This rule can significantly weaken the prosecution’s case against you.

What defense strategies can be used to beat shoplifting charges in New Jersey?

Several defense strategies can be effective in a New Jersey shoplifting case, including challenging the charges directly, arguing failure to provide a speedy trial, filing motions when witnesses fail to appear, requesting dismissal when the State fails to provide discovery evidence, and negotiating favorable plea agreements when appropriate. Each case is unique and requires an attorney to evaluate the specific circumstances.

More Defenses for an NJ Shoplifting Offense

The strategy above represents just one of the ways that you can win a shoplifting case in New Jersey. For more defense strategies that can work for you in New Jersey, watch the videos below:

• How To Beat Shoplifting Charges Part 1 – I didn’t do it – Fight the charge
• How To Beat Shoplifting Charges Part 3 – Failure to provide discovery evidence
• How To Beat Shoplifting Charges Part 4 – Plea negotiations

Every shoplifting case is unique, so it’s important to find answers that are relevant to your specific circumstances. If you or someone you love has been arrested and charged with shoplifting in Paramus, Rockaway, Woodbridge, Livingston, or elsewhere in New Jersey, contact our shoplifting defense lawyers for a cost-free consultation. Call (201)-556-1570 or schedule an appointment at one of our offices in Hackensack, Morristown, Newark, or Camden. We are available to immediately assist you.