Paramus NJ Shoplifting Case Dismissed NJSA 2C:20-11
Shoplifting Charge Dismissed in Paramus NJ
Need Lawyer to Fight Shoplifting Case? Call Us Now
Have you been arrested and accused of shoplifting in Paramus? Contact us now for help and a free initial consultation. Here is a case we recently handled there for a client with tremendous success.
A Paramus NJ client was charged with shoplifting after a store claimed that she took a designer handbag from the store without paying for it. If convicted of that offense, a third degree felony in New Jersey, our client could have faced between 3-5 years in prison and up to a $15,000 fine. She would also have had a third degree felony conviction on her criminal history for a minimum of 5 years before being eligible to expunge the record. In addition, our client had multiple shoplifting convictions on her record. After a 3rd or subsequent shoplifting conviction in New Jersey, you must serve a minimum of ninety (90) days in the county jail as a sentence for the conviction.
Through careful negotiation and trial strategy, our firm was able to have the charge downgraded to a disorderly persons offense, which carries maximum penalties of up to six months in the county jail and a fine of up to $1,000. Once the case was downgraded and sent back to the municipal court, our firm was able to successfully petition the Court to dismiss the case on the day it was scheduled for trial. As a result, the case was dismissed and our client avoided the possibility of jail time, financial penalties, and having a conviction on her criminal history.
The store representative must appear in court for trial. This is the State’s witness and the person who actually saw the alleged crime. The store sometimes sends a different representative to court to try and prosecute these charges. That doesn’t work. The store representative can not testify as to what the other store representative saw – that is hearsay and inadmissible. However, if there is a video of the incident, anyone from the store can come to court and serve as the custodian of records for the video, as long as they can establish that the video was from their store on the specified date and time.
In this case, the store had proof issues as the alleged witness to the shoplifting charge did not appear in court to testify. As a result, the State could not prove the case beyond a reasonable doubt and had no choice but to dismiss the complaint.
Arrested for Shoplifting at a Paramus Mall? We Can Help
If you or a loved one is charged with shoplifting in Bergen County NJ, contact our criminal defense attorneys now for immediate assistance at (201)-330-4979.