Statistics show that shoplifting rates typically increase during the holiday season. For example, the Council on Criminal Justice reports that, “[o]ver the past several years, shoplifting rates were higher in November and December than they were during earlier months of the year, coinciding with increased in-person retail activity.” Whether you are tempted to steal gifts for others or you are hoping to take advantage of heavy crowds in stores this holiday season, shoplifting isn’t worth it. Learn more from an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A.
5 Reasons Why Shoplifting During the Holidays Isn’t Worth It
Shoplifting isn’t worth it for several reasons. Regardless of whether you get caught, shoplifting is against the law. It also harms the store from which you stole. While small local businesses might feel the financial consequences of shoplifting most directly, major retailers like Apple and Walmart factor retail theft into their pricing—and this ultimately leads to higher prices for all of us.
With this in mind, here are five reasons (among others) why shoplifting during the holiday season isn’t worth it:
1. You Can Face Steep Penalties if You Get Caught
Shoplifting is a more serious offense than many people realize. In New Jersey, the penalties you can face for shoplifting depend on the amount of merchandise you steal. However, at a minimum, you are facing six months in jail and a $1,000 fine. The penalties for shoplifting under New Jersey law are as follows:
- If you steal less than $200 – If you steal less than $200 worth of merchandise, you can be charged with a disorderly persons offense. Disorderly persons offenses carry up to six months in jail and a $1,000 fine.
- If you steal $200 to $500 – If you steal $200 to $500 worth of merchandise, you can be charged with a fourth-degree indictable offense (indictable offenses are comparable to felonies in other states). Fourth-degree indictable offenses carry up to 18 months in prison and a $10,000 fine.
- If you steal $501 to $74,999 – If you steal anywhere from $501 to $74,999 worth of merchandise, you can be charged with a third-degree indictable offense. Third-degree indictable offenses carry a sentence of three to five years in prison and a $15,000 fine.
- If you steal $75,000 or more – If you steal $75,000 or more worth of merchandise, you can be charged with a second-degree indictable offense. Second-degree indictable offenses carry a sentence of 5 to 10 years in prison and a fine of up to $150,000.
As you can see, shoplifting is far from a minor offense in New Jersey. Stealing more than $500 worth of merchandise can subject you to the same penalties as someone accused of robbery or burglary. At a minimum, you will be facing a $1,000 fine and possible jail time—in addition to the other consequences discussed below.
What if you are a juvenile? Juveniles can face a variety of penalties for shoplifting in New Jersey. These include fines and detention, among others. Regardless of your age, if you get caught shoplifting in New Jersey, you can expect to face swift prosecution, and you will need to be prepared to work with an experienced New Jersey criminal defense attorney who can help protect you by all means available.
2. Shoplifting Convictions Can Also Have Other Consequences
Along with fines and jail (or prison) time, shoplifting convictions can also have other serious consequences. These consequences can last long after the holiday season is over, and it is not an exaggeration to say that they can truly impact the rest of your life.
Just like other criminal convictions, a shoplifting conviction will go on your permanent record. While juvenile records generally aren’t available to the public, adult criminal records are available to employers, lenders, colleges and universities, federal authorities, and various other entities. This means that a shoplifting conviction can lead to:
- Suspension or expulsion from school
- Loss of your job
- Loss of future job opportunities
- Limited options for obtaining financing and housing
- Immigration-related consequences for non-U.S. citizens
Again, while shoplifting is often viewed as a relatively minor crime, that is not the case in New Jersey. If you have a conviction for a disorderly persons offense or an indictable offense on your permanent record, this can have serious and long-term consequences regardless of the specific crime for which you were convicted.
3. There is a Good Chance that You Will Get Caught
Another reason why shoplifting isn’t worth it is that there is a good chance you will get caught. Retailers of all sizes are becoming increasingly savvy in how they track their products and use technology to detect shoplifting. In-store security cameras are becoming increasingly common as well—and, if you were caught shoplifting on video, it could be very hard to argue that a conviction is unwarranted.
If you get caught shoplifting, you will need to defend yourself in court. Even if you have defenses to your shoplifting charge, facing public accusations of shoplifting can harm your reputation—with your friends, family, and coworkers. While you might be able to rebuild your reputation if you are able to avoid a conviction, this can take time, and there are no guarantees.
4. If You Get Caught, You Won’t Get a Second Chance
If you get caught shoplifting, you won’t get a second chance. Most stores will not simply accept a return and an apology. Once you shoplift, the damage has already been done, and at this point, you need to focus your time and effort on trying to make sure the long-term consequences of your actions are no greater than necessary.
The judge isn’t simply going to give you a second chance, either. Judges don’t go easy on defendants just because it’s the holiday season. If you are facing a shoplifting charge, you are facing all of the consequences that come with it. This is true regardless of the underlying circumstances of your case. While you might be able to argue for leniency, doing so will require a proactive approach, an informed defense strategy, and representation from an experienced New Jersey criminal defense attorney.
5. Your Friends and Loved Ones Don’t Want You to Steal
Finally, while you might feel pressured to get gifts for all of your friends and loved ones this holiday season, your friends and loved ones don’t want you to steal. No one who cares about you wants you to put your freedom and future on the line for a gift.
From handmade gifts to handwritten and heartfelt cards, there are plenty of ways to show your friends and loved ones that you care about them if you can’t afford to go shopping this holiday season. While many people feel pressured to get people expensive gifts during the holiday season, it’s completely fine if you can’t—and your friends and loved ones will understand if you need to use your financial resources for other things.
What To Do (and What Not To Do) if You Get Caught Shoplifting in New Jersey
But let’s say you decide to shoplift anyway. If you get caught shoplifting in New Jersey, what can (and should) you do to protect yourself? What mistakes do you need to avoid while your shoplifting case is pending? Here’s what you need to know:
What to Do: Talk to a New Jersey Criminal Defense Attorney as Soon as Possible
Due to the risks involved, you need to take your shoplifting case very seriously. While you may have a variety of defenses available, it is up to you to assert these defenses effectively. This starts with hiring an experienced New Jersey criminal defense attorney who knows the law and who knows how to use it to protect you.
Once you hire an attorney to represent you, your attorney will be able to provide the advice you need to make smart decisions with your future in mind. Among other things, this includes the advice you need to decide how to plead. Going forward, your attorney will be able to determine what evidence prosecutors are planning to use against you at trial, and then your attorney will be able to use this information to assess the options you have available.
What Not to Do: Ignore Your Shoplifting Case During the Holiday Season
While it may be tempting, you cannot afford to ignore your shoplifting case during the holidays. Your case will move forward with or without your involvement, and the longer you wait to start building your defense, the harder it will be to avoid unnecessary consequences. Even though it’s the holiday season, fighting your shoplifting case needs to be your top priority.
What to Do: Work with Your Attorney to Evaluate Your Options
When you are facing a shoplifting charge in New Jersey, you have three primary options available: (i) you can fight your shoplifting charge in court; (ii) you can target a plea bargain that mitigates the consequences of your arrest; or (iii) if you are eligible, you can seek entry into a pretrial diversion program.
If you are eligible for pretrial diversion and you do not have a strong defense in your shoplifting case, then pursuing diversion could be your best option. While this involves complying with terms similar to being on probation, if you complete the program successfully, your shoplifting charge will be dismissed.
If you are not eligible for pretrial diversion and a conviction at trial appears likely, then your best option could be to seek a plea bargain. However, as this still involves accepting responsibility for a crime, you need to be absolutely certain that this is your best option.
What Not to Do: Make Decisions with a Short-Term Perspective
As you think about your options, you need to do so with a long-term perspective. While accepting a plea bargain might seem like the easy way out, this can have long-term consequences. Again, even though it is the holiday season, you still need to focus on doing what is best for yourself (and your family) in the future.
What to Do: Be Prepared to Play an Active Role in Your Defense
Whether you decide to fight your shoplifting charge, seek a plea bargain, or enroll in a pretrial diversion program (if you are eligible to do so), you need to be prepared to play an active role in your defense. While there is a lot that your New Jersey criminal defense attorney can do for you, your attorney can only represent you effectively if you are equally committed to protecting yourself by all means available.
From providing your attorney with as much information as possible to making informed decisions about things like whether to request a jury and whether to testify at trial, you will play a key role in many aspects of your shoplifting case. This is important to understand at the outset, and it is important to make yourself available when your attorney needs to speak with you.
What Not to Do: Make Mistakes that Can Lead to Unnecessary Consequences
In addition to the mistakes discussed above, there are many other mistakes you need to avoid when facing a shoplifting charge during the holiday season in New Jersey. If you make these mistakes, you could face serious consequences that you could (and should) have avoided. To learn more about what not to do while your shoplifting case is pending, you can read: Avoid These 10 Common Mistakes if You’ve Been Arrested in New Jersey.
Discuss Your Shoplifting Case with a New Jersey Criminal Defense Attorney in Confidence
Are you facing a shoplifting charge during the holiday season in New Jersey? If so, we strongly encourage you to contact us so that we can help you. To discuss your case with an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call us at 877-435-6371 or tell us how we can get in touch online today.
