New Jersey shoplifting lawyer Adam M. Lustberg (https://www.lustberglaw.com/blog/shoplifting-laws-in-new-jersey/) has published a detailed overview of the laws and penalties surrounding shoplifting in the state. The article, published by Lustberg Law Offices, LLC, lays out the classifications, legal consequences, and possible defenses for those accused of retail theft. With shoplifting continuing to be a frequent offense in New Jersey’s retail environments, this explanation of legal rights and obligations provides critical insight for individuals and families confronting such charges.

As a New Jersey shoplifting lawyer, Adam M. Lustberg underscores the seriousness of retail theft offenses, which can range from disorderly persons offenses to second-degree indictable crimes, depending on the value of the merchandise involved. The consequences of these charges vary significantly but often include fines, incarceration, and lasting impacts on a person’s criminal record. Even shoplifting merchandise valued under $200 can lead to jail time and financial penalties, while property valued at over $75,000 can result in up to ten years in state prison.

Lustberg Law Offices, LLC emphasizes the legal distinction New Jersey makes between types of shoplifting crimes. New Jersey shoplifting lawyer Adam M. Lustberg categorizes offenses based on value: under $200 as a disorderly persons offense, $200 to $500 as a fourth-degree crime, $500 to $75,000 as third-degree, and above $75,000 as a second-degree crime. “Each level of offense not only carries different penalties but also has long-term consequences,” notes Lustberg, highlighting that the repercussions extend beyond the courtroom and can affect employment, education, and housing opportunities.

Beyond penalties, the article also outlines civil liabilities that may arise from a shoplifting incident. Retailers in New Jersey have the right to sue offenders in civil court for damages, including the value of unreturned merchandise and a statutory penalty of $150. These civil suits are in addition to any criminal penalties, further complicating the fallout from a shoplifting charge. New Jersey shoplifting lawyer Adam M. Lustberg notes that even first-time offenders are not immune from these consequences, though diversion programs offering community service or counseling may be available in some cases.

First-time offenders in particular face uncertainty about potential jail time. Adam M. Lustberg clarifies that under New Jersey law, incarceration is not typically presumed for first-time shoplifting charges. However, financial penalties and community service are often mandated. “First-time offenders are more likely to be sentenced to community service, with the law requiring a minimum of 10 days,” the article explains. Still, Lustberg warns that penalties can intensify depending on the circumstances, urging accused individuals to act quickly to understand their legal options.

Another key aspect of the article is the discussion of statutes of limitations. The legal deadline for filing shoplifting charges depends on the value of the stolen items. For merchandise valued under $200, the statute of limitations is one year. For more serious charges involving higher values, that window extends to five years. New Jersey shoplifting lawyer Adam M. Lustberg points out that understanding these legal deadlines is vital for protecting one’s rights. He explains that legal guidance can be essential in preventing charges from being filed after the allowable time period has passed.

Adam M. Lustberg also outlines several possible legal defenses to shoplifting charges. These include mistaken identity, lack of intent, and unexpected emergencies. For example, if an individual unknowingly walked out with an item during a medical crisis or because of a child-related distraction, that could form the basis of a valid defense. The article stresses the importance of full transparency between a client and attorney, stating, “They will have the most effective chance of creating a strong defense… if they know the entire story.”

For those already convicted, the article provides guidance on expungement, a legal process that removes a conviction from public view. This can significantly improve employment and housing prospects. According to Adam M. Lustberg, expungement eligibility begins five years after a conviction for a disorderly persons offense, though it is not automatic. A formal petition must be filed and approved by the court. The entire process can take four to six months and involves court costs and legal fees.

The consequences of a shoplifting conviction in New Jersey can be far-reaching and long-lasting, but legal options do exist. Adam M. Lustberg encourages individuals facing these charges to be proactive, consult legal counsel early, and understand their rights. His article provides a thorough yet straightforward explanation of the charges, penalties, defenses, and post-conviction remedies available to those accused of shoplifting.

Facing a shoplifting charge in New Jersey is not a matter to take lightly. The penalties can be severe, but with the right legal guidance and defense strategy, there may be opportunities to reduce or dismiss charges and move forward. Adam M. Lustberg of Lustberg Law Offices, LLC offers insight and support to those navigating these challenging legal issues, helping individuals better understand the consequences they face and the legal protections available under New Jersey law.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is based in Hackensack, New Jersey, and is led by attorney Adam M. Lustberg. The firm handles criminal defense cases across the state, focusing on providing strategic legal representation for individuals facing serious charges.

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Website: https://www.lustberglaw.com/