Legal Question in Criminal Law in New Jersey

shoplifting

Your question is whether you can be found guilty of a shoplifting charge arising out of the alleged taking of something with no value. The answer is possibly. Everything is presumed to have some value, even if just nominal.

Possible defenses exist. One available defense is that it was not your intention to deprive the merchant of the value of the item, since the item had no value. That seems to contradict what I just indicated above, but it will all depend on findings that the judge makes.

A second possible defense is that, even if the item had some value, that value was so small as to be "de minimis." That is a defense that can be argued, but it is procedurally tricky to do so. A lawyer would be helpful.

Re: shoplifting

The answer to your question is, yes.

The item still had value. You can be convicted of some form of theft. It would be akin to stealing a fixture in the store. Or, the court could determine that it had a value equal to an item of comparable sale size.

In any event, under the circumstances, what you should focus on is getting a deal that is favorable to you. This is not a case to try, if you can get such a deal. The best result under the circumstances would to plead to a "boro ordinance" with a fine and no jail.

Please call me to discuss.

Evan M. Levow, Esq.

(856) 428-5055

(800) 416-2790

www.lutz-levow.com/criminal.htm

Lutz, Levow, Costello & Mullen, P.A.

500 Kings Highway South

Cherry Hill, NJ 08034

fax (856) 429-7726

Re: shoplifting

The fact that store personnel went to the trouble to have you charged tells me they are not fooling around. They will, no doubt, assert that they will need to pay to replace the tester. Assuming the value is under $200.00, it is a disorderly persons offense. However, you should know that last year the shoplifting statute was amended to include a mandatory 10 day period of community service. Feel free to contact me if you have further questions.

Ms. Ciccia

Re: shoplifting...or something else

I find the answers of my colleagues interesting, but technically incorrect. Shoplifting requires that there be "merchandise offered for sale", [see NJSA 2C:20-11(b)(2)]. Since you have indicated that this item was not for sale, you may have a defense. HOWEVER, this should not offer you much comfort, since they could charge you under NJSA 2C:20-3(a) which is the general theft statute. In either case, because of the value (and your opinion of "zero" value is not correct; it certainly has some value), this would be a disorderly offense. Bottom line: Get a good lawyer and strike your best deal in Court. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to consider speaking with the Division of Motor Vehicles in Pennsylvania to see if they believe you qualify. And of course be sure that both your parents are in agreement with your decision. Good luck!

Re: shoplifting

If the facts are as cut and dry as you state, then unfortunately, despite what value you determined the item had, you took something that was not yours. If you took it without asking or paying anything you are probably guilty of, at least, some type of theft.

I am located in Cherry Hill, practice this type of law, and offer free consultations. Please contact me if you would like to discuss this further.

Thanks

Re: shoplifting

Technically Yes. But depending on the observations, videotape (if any), and the municipal prosecutor you may be able to convince him/her to amend the charge to a less serious offense or have the matter dismissed outright.

Some prosecutor's are open minded. In your case, an argument can be made that the tester is not "merchandise" and thus you did not shoplift by removing it from the store.