A 49-year-old married high school teacher called our office the morning after one of the worst days of her life.
She had never been arrested. She had never been in trouble. She had spent decades building a career in education, raising two children and creating a good life for her family.
Now she was terrified that one mistake would destroy everything.
The Arrest at Target
Our client had gone to the Target store in Paramus, New Jersey.
She purchased two bathing suits, a beach bag, shampoo and conditioner. She paid for those items at the self-checkout.
She also selected a reusable water bottle, deodorant and facial lotion worth approximately $38. Instead of scanning those items, she placed them into reusable Target shopping bags that she had brought with her and completed her purchase of the remaining merchandise.
After walking through the first set of exit doors, she was approached by Target Asset Protection employees.
They politely asked her to return to the security office.
She immediately showed them her receipt and offered to pay for the three items that had not been scanned.
She was told it was too late.
Inside the security office, she learned something even more frightening.
Target employees told her they had been watching her over multiple shopping trips and believed she had shoplifted on prior occasions as well. Although the merchandise involved that day totaled only about $38, Target claimed that the value of merchandise from several incidents was approximately $429.
She was required to sign a trespass notice agreeing not to enter their Target store for one year.
The Paramus Police Department was called.
She was handcuffed inside the Target security office, transported to police headquarters, processed and issued a summons directing her to appear in Bergen County Superior Court for Central Judicial Processing three weeks later.
She called her husband from the police station and asked him to pick up her car from the Target parking lot.
She had never imagined she would be sitting in the back of a police car.
What She Was Really Afraid Of
When she called our office the next morning, she was crying.
She was not worried about paying for the merchandise.
She could easily afford it.
She explained that she had been struggling with depression and overwhelming stress. Shoplifting had become an unhealthy coping mechanism, even though she knew it was wrong.
Her biggest fears were not about the case itself.
She asked questions that we hear every week.
“Will I go to jail?”
“Will I lose my teaching career?”
“Will my employer find out?”
“Will I be a convicted felon?”
“Will my children find out?”
She wanted one thing above everything else.
A second chance.
Our Advice on Day One
From the very first conversation, we told her two things.
First, her health came before the criminal case.
We encouraged her to begin counseling immediately and obtain treatment for the depression and stress that had contributed to her behavior.
Second, we told her:
“You take care of yourself. We will take care of the criminal case.”
As a Certified Criminal Trial Attorney who has represented people charged with shoplifting throughout Bergen County for decades, I have represented many professionals who found themselves in almost identical situations.
Doctors.
Nurses.
Corporate executives.
Accountants.
Many have never before been arrested.
Although New Jersey law permits jail sentences for shoplifting offenses depending upon the grading of the charge, it was my opinion from the beginning that this client was not going to jail. Instead, our goal was to protect both her freedom and her reputation while positioning the case for dismissal.
Why the Case Was Initially in Superior Court
Many people assume that shoplifting charges always remain in municipal court.
That is not always true.
When a retailer alleges multiple incidents of shoplifting, prosecutors may aggregate the value of the merchandise from separate thefts. If the combined value raises the grading of the offense, the matter may begin in the Superior Court.
That is exactly what happened here.
Our client’s case was initially scheduled in Bergen County Superior Court because Target alleged multiple incidents totaling approximately $429.
Our First Step: Obtain Every Piece of Evidence
Before making any decisions, we wanted every piece of discovery.
That included:
- Store surveillance videos
- Asset Protection reports
- Police reports
- Body-worn camera footage
- Statements
- Receipts
- Inventory documentation
We appeared in court twice before we were satisfied that we had received all of the available evidence.
Only after reviewing the complete file did we begin negotiating with the prosecutor.
Developing a Strategy
Our client’s lack of any criminal history was significant.
Equally important was the fact that she sought counseling before being ordered to do so.
Rather than simply asking for leniency, we were able to demonstrate that she had already begun addressing the underlying issues that contributed to the offense.
Those proactive steps became an important part of our discussions with the prosecutor.
The Result
After negotiations, we were able to have the matter downgraded from Superior Court to the local municipal court.
That dramatically reduced the potential consequences.
We then successfully applied for New Jersey’s Conditional Dismissal Program.
The application fee was $75.
Our client successfully completed the program by:
- Remaining arrest-free for one year
- Paying all required financial obligations
- Complying with the conditions imposed by the court
At the conclusion of the program, the shoplifting charge was dismissed.
Six months later, she hired our office again.
This time, we filed a petition to expunge the entire arrest and dismissal from her record.
The expungement was granted.
Today, she has the clean record she worked so hard to preserve.
The Reality of Shoplifting Cases
One of the biggest misconceptions about shoplifting is that it only happens to people who cannot afford the merchandise.
That is often not true.
Over the years, we have represented successful professionals from every background who found themselves facing shoplifting charges because of stress, depression, anxiety, compulsive behavior or other personal struggles.
One poor decision should not define the rest of your life.
If you have been arrested for shoplifting at Target, Walmart, ShopRite, Macy’s, Nordstrom or any other store in Bergen County or anywhere in New Jersey, it is important to speak with an experienced criminal defense attorney as early as possible.
The right strategy from the beginning can make a significant difference in protecting your career, your reputation, and your future.