Wayne Shoplifting Defense Lawyers Help Clients Avoid Convictions
“A disorderly persons shoplifting charge can have serious consequences including fines, probation, jail time, and a permanent record. But it doesn’t have to. Here is a case we handled for a client in Wayne NJ with great success: the charges were completely dismissed.”
Shoplifting Case Defense in Wayne NJ
Travis J. Tormey and the Tormey Law Firm LLC recently helped a client beat shoplifting charges in Wayne, New Jersey. The client faced the criminal charges because she had been accused of stealing multiple items, valued at more than $500, from a store in Wayne, NJ. As set forth by N.J.S.A. 2C:20-11(b), shoplifting is a very serious theft offense and is classified as a felony-level offense that carries severe penalties, including years in NJ State Prison and a permanent criminal record. Since the client was charged with a felony, her case was scheduled to be heard in the Passaic County Superior Court, located in Paterson, New Jersey. Here is what our shoplifting defense attorneys did to get the charges dropped.
Getting Shoplifting Charges Reduced and Remanded from Passaic County Superior Court to Wayne Municipal Court
The criminal defense team at the Tormey Law Firm knew out important the outcome of this case would be for the client, so we immediately got to work defending her against the charges. One of our skilled attorneys appeared on behalf of the client in Passaic County Superior Court and convinced the assistant county prosecutor to downgrade the charge. With the charge now classified as a disorderly persons offense (misdemeanor), not a felony, the case was remanded to the Wayne Municipal Court.
Getting Wayne Shoplifting Case Dismissed Due to the Witnesses’ Failure to Appear
Our criminal defense attorneys then appeared in Wayne Municipal Court and fought the client’s theft charges. When representatives from the store failed to show up to court to testify, we urged the court to dismiss the charges against the client. The judge initially denied our motion, but he did mark the next court date as “try or dismiss,” meaning that another failure by the store representatives to appear in court would lead to dismissal of the charges. The representatives failed to appear once again, prompting the municipal court judge to dismiss the charges against our client for lack of prosecution. As a result, our client was able to avoid all penalties associated with the theft charge.
Now, she has no criminal record from this incident. However, there is a record of the arrest since she was fingerprinted and processed. Fortunately, she is eligible to file for an expungement immediately to have the arrest removed from her record as well. This was an extremely positive outcome for our client and a major success for the Tormey Law Firm.
“In this case, we represented a client who was arrested and charged with shoplifting in violation of N.J.S.A. 2C:20-11 in the Wayne Municipal Court. Based on the state’s failure to provide the video surveillance evidence from the store (which existed), we were able to get the case completely dismissed.”
About Shoplifting in Wayne, New Jersey
Pursuant to N.J.S.A. 2C:20-11, shoplifting is a disorderly persons offense if the alleged value of the item is $200.00 or less; a fourth degree crime if the alleged value of the item is between $200.00 and $500.00; a third degree crime if the alleged value is between $500.00 and $75,000.00; and a second degree crime if the alleged value is over $75,000.00. Additionally, anyone found guilty of shoplifting will also be required to complete community service on top of the regular fines and penalties and “any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.”
Under the New Jersey Criminal Code, shoplifting can take many forms. For example, it is considered shoplifting for a person to take possession of, carry away, transfer or cause to be carried away any merchandise without paying the full retail value. But shoplifting can also be charged if there is an allegation that the defendant concealed merchandise with the intention to deprive the merchant of the possession of the item without paying for it, removing labels or price tags to attempt to purchase the merchandise at less than retail price, or even taking a shopping cart away from store premises. However, regardless of the nature of the alleged shoplifting offense, a person can only be found guilty of shoplifting if the prosecutor can prove the case beyond a reasonable doubt.
Getting a Dismissal for Shoplifting in Wayne NJ with Failure to Provide Discovery
In the recent shoplifting case that was dismissed, the strategy was simple: don’t budge until the prosecutor provides loss prevention reports and surveillance footage regarding the alleged shoplifting offense. The Tormey Law Firm shoplifting defense attorneys requested the discovery at the outset of the case, appeared in court on three separate occasions over the span of five months and ultimately prevailed in having the case dismissed because no discovery was provided and because a representative from the store did not appear in court to pursue the matter. Accordingly, the court granted our motion to dismiss the case.
Attorney Needed for Shoplifting Charges in Wayne NJ? Call Us
Have you been arrested and charged with shoplifting in Wayne? Do you need a lawyer to fight this case for you in Wayne Municipal Court? We can help. If you have been charged with shoplifting, contact the shoplifting defense attorneys at the Tormey Law Firm today to discuss your case and your defense strategies. Call (201)-556-1570 for a free consultation.
