Arrested for Shoplifting in Willowbrook Mall, Wayne NJ

“Our client was apprehended in the Willowbrook Mall for allegedly shoplifting from one of the stores there. However, the store representatives failed to appear in court several times to provide the proper evidence and testify against the defendant. As a result, we were able to get the Judge to dismiss the case for lack of prosecution.”

Wayne Shoplifting Defense Lawyers

Received a summons for shoplifting in the Willowbrook Mall and need an attorney? We can help.

Shoplifting Arrest in Willowbrook Mall – Wayne Municipal Court

After an arrest for shoplifting in Willowbrook Mall, the case will be scheduled in court – either Wayne Municipal Court for disorderly persons (misdemeanor) charges or Passaic County Superior Court for indictable (felony) shoplifting charges.

Shoplifting Charges under NJSA 2C:20-11

Shoplifting offenses in New Jersey are graded based upon the value of the merchandise alleged to have been stolen.  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.  Generally, the penalties for shoplifting in New Jersey depend on the grading: five to ten years in prison and up to a $150,000 fine for second degree; three to five years in prison and up to $15,000 fine for third degree; up to eighteen months in prison and up to $10,000 for fourth degree; and up to six months in jail and up to a $1,000 fine for a disorderly persons offense.  Additionally, anyone convicted of shoplifting will 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.

NOTE: Shoplifting is a crime of moral terpitude in NJ so, if you are not a US citizen, and you are convicted of shoplifting, this can have a serious impact on your immigration status in this country (whether or not you could be deported, or your green card could be in jeopardy, or you may jeopardize your ability to even become a United States citizen. 

Wayne Police Department Provides Discovery – Evidence to Prove Their Case

After the arrest, the client hired us to represent them. We requested all of the evidence from the Wayne Police department that they possess and intend to rely upon to try to prove the charges against the defendant beyond a reasonable doubt. The evidence can include police reports, videos from the store, witness statements from store employees, the goods that were recovered, etc. Once the evidence is provided then the case is scheduled for a court date to see if the case can be resolved by way of a plea agreement or motions or the case will be scheduled for trial.

In this case, the Passaic County shoplifting defense lawyers at the Tormey Law Firm succeeded in getting shoplifting charges dismissed on behalf of another satisfied client in Wayne Municipal Court.  Our client was charged with shoplifting after an alleged incident at the Willowbrook Mall, but after three appearances in municipal court and the failure of a store representative to appear to testify against our client, the Judge agreed that the case should be dismissed for lack of prosecution.  The fact of the matter is that sometimes the best strategy in shoplifting cases is perseverance – the prosecutor in this case would have gladly accepted a guilty plea based on the information included in the loss prevention reports and the police reports.  But without an actual witness in court, the prosecution was unable to prove the case beyond a reasonable doubt, the charges got dismissed and our client walked out of court without a criminal record.

Case Dismissed – No Criminal Record – Now Need to Expunge the Arrest

Now, our client has no criminal record from the incident. However, there is an arrest record because she was fingerprinted and processed. Because the case was dismissed completely, she is now eligible to file an expungement immediately to have the arrest removed from her record as well. The expungement will take 3-4 months and then the incident will be completely removed from her background.

If you are charged with shoplifting in New Jersey, contact the shoplifting defense attorneys at the Tormey Law Firm.  We have defended countless shoplifting cases in municipal and superior courts across New Jersey and we are available 24/7 to discuss your case and develop a defense strategy based upon our decades of legal experience. In fact, our team of attorneys includes a former prosecutor who prosecuted shoplifting cases and understands all of the nuances of defending a shoplifting matter.

Lawyer Needed for Shoplifting Charge Wayne NJ

As our recent client’s story demonstrates, the defense team at the Tormey Law Firm knows what it takes to get a case dismissed and if you are facing shoplifting charges you should call the Tormey Law Firm today so that we can fight on your behalf. Conact our office today for a free initial consultation at 201-556-1570.