We have all been there. You are at the grocery store or a big-box retailer after a long day of work. You have a full cart, the lines for the human cashiers are ten people deep, and you decide to take your chances at the self-checkout kiosk. You are scanning items, bagging them, and trying to keep an eye on your kids or your phone at the same time. You pay, grab your receipt, and head for the door, only to be stopped by a loss prevention officer who claims you missed an item at the bottom of your cart.
In an instant, a routine errand turns into a legal nightmare. What you thought was a simple, honest mistake is now being treated as a crime. As an experienced New Jersey municipal court defense attorney, I have seen how quickly a simple “oops” at the supermarket can turn into a disorderly persons shoplifting charge or even an indictable crime (otherwise known as a felony level crime in other states).
At The Scardella Law Firm LLC, I, Lauren Scardella, Esq., represent people who never intended to break the law but find themselves facing the weight of the New Jersey justice system because of a technology glitch or a moment of distraction. My goal is to ensure that a simple misunderstanding at a supermarket does not result in a permanent criminal record.
The Rise of the Self-Checkout Trap
Self-checkout technology was marketed as a convenience for shoppers and a cost saver for stores. But, for many New Jersey residents, it has become a legal trap. Retailers like Walmart, Target, and Home Depot have pivoted toward aggressive loss prevention strategies to combat what they call shrinkage. Unfortunately, their sophisticated AI cameras and weight-sensitive scales cannot distinguish between a professional shoplifter and a tired parent who forgot to scan a 24-pack of bottled water tucked under the cart.
As stores cut back on floor staff, they increasingly rely on aggressive automated systems that prioritize catching errors over assisting customers. In my experience, stores are becoming less likely to accept an apology and a payment at the door. Instead, they are calling the police and filing formal charges. If you find yourself in this situation, it is vital to understand how New Jersey law views shoplifting and why your intent is the most important factor in your defense.
Understanding New Jersey Shoplifting Laws (N.J.S.A. 2C:20-11)
Under New Jersey statute N.J.S.A. 2C:20-11, shoplifting is defined by more than just walking out of a store without paying. It includes:
- Purposely taking possession of merchandise with the intention of depriving the merchant of its value.
- Concealing merchandise with the same intent.
- Altering, transferring, or removing a price tag.
- Transferring merchandise from one container to another.
- Under-ringing an item at the register.
The key word in all of these definitions is purposely. Additionally, under New Jersey law, there is a legal presumption that if you conceal unpurchased merchandise, you did so with the intent to steal. This means that if an item is tucked out of sight in your cart or bag (even by accident) the prosecutor can start with the assumption that you meant to take it. This is why it is so critical to have a New Jersey municipal court defense attorney who knows how to rebut this presumption with evidence of a genuine mistake.
Why Honest Mistakes Lead to Real Charges
You might think that if you offer to pay for the item immediately, the store will let you go. That being said, many major retailers have zero-tolerance policies. They use high-tech surveillance systems that track your movements from the moment you enter the store. If their software flags a missed scan at the kiosk, the loss prevention team is alerted.
These systems are not perfect. As a New Jersey theft crimes attorney, I have seen cases where:
- The Skip Scan Error: A customer passes an item over the scanner, the machine beeps, but the item does not actually register on the screen. The customer, thinking they did their part, bags the item and moves on.
- The Bottom of the Basket (BOB): Items like pet food, mulch, or heavy cases of soda are easily forgotten during the checkout process.
- The Double-Bagging Flaw: Sometimes, two items stick together, and only one is scanned while both are placed in the bag.
- The Distraction Factor: A phone call or a crying child breaks the rhythm of scanning, leading to a missed item.
Retailers often argue that these are not mistakes but tactics. They might point to the fact that you scanned twenty items but missed the twenty-first as evidence of a calculated theft. Even if you are not stopped at the door, stores use high-definition CCTV to identify individuals later, leading to charges being filed days or weeks after the incident.
The Consequences of Theft in NJ: More Than Just a Fine
In New Jersey, the severity of a shoplifting charge is determined by the value of the merchandise involved. The higher the price tag, the more serious the consequences:
- Less than $200: This is a disorderly persons offense (misdemeanor). You could face up to six months in jail and a fine of up to $1,000.
- $200 to $500: This is a Fourth-Degree crime (indictable offense). You could face up to 18 months in prison.
- More than $500 but less than $75,000: This is a Third-Degree crime (indictable offense), punishable by three to five years in prison.
- $75,000 or more: This is a Second-Degree crime, which carries a fine of up to $150,000 and a presumptive prison sentence of five to ten years.
Even for a first-time offense involving a $15 item, a conviction stays on your criminal record, and will likely affect your ability to get a job, secure housing, or maintain a professional license.
What’s more, New Jersey law requires 10 days of mandatory community service for a first offense and 15 days for a second offense. For a third or subsequent offense, you face a mandatory minimum of 90 days in jail and a required 25 days of community service.
How I Defend Accidental Shoplifting Cases
When I take on a shoplifting case, my first goal is to protect my client’s future. I use several strategies to defend these charges:
- Challenging the Intent: As mentioned earlier, the state must prove you intended to steal. If you realized the error after leaving the store, returning immediately to pay or explain the mistake to a manager can be powerful evidence of your lack of intent. I review the store’s video footage to see if your behavior matches that of a shoplifter. Were you looking around nervously? Were you hiding items? Or were you scanning most of your items normally and simply made a mistake? I know how to look at the surveillance footage and the transaction logs to tell the real story of what happened. Demonstrating a lack of criminal intent is the strongest defense against an accidental shoplifting charge.
- Reviewing the Technology: Self-checkout machines are notorious for glitches. If the machine was malfunctioning or if the store’s software has a history of false positives, I can use that information to cast doubt on the prosecution’s case.
- Negotiating for a Downgrade or Dismissal: If the evidence is stacked against you, I do not simply give up. I work to negotiate with the prosecutor to have the charge downgraded to a municipal ordinance violation. A municipal ordinance is not a criminal conviction; it is similar to a noise complaint or a littering ticket. This allows you to pay a fine and walk away with your criminal record intact.
- Diversionary Programs: For first-time offenders, I often look into programs like Conditional Dismissal. If you complete a period of probation and stay out of trouble, the charges are dismissed entirely. This is an excellent way to ensure that one mistake at a self-checkout kiosk does not haunt you for the rest of your life.
A Note on Where Your Case is Heard
In New Jersey, the value of the items involved determines where your case begins. If the value is under $200, it is a disorderly persons offense handled in the local Municipal Court. If the value is higher, the case may technically start at the Superior Court level in the county where the incident occurred.
Because I focus my practice on virtual representation in Municipal Courts, I prioritize getting these cases remanded (sent back down) to the Municipal level whenever possible. If I can successfully argue that the charge should be downgraded, I can continue to represent you virtually to resolve the matter. If the County Prosecutor declines to remand your case and it stays at the Superior Court level for in-person proceedings, I can help you transition your case to a trusted local lawyer who can appear with you in person, ensuring you are never without a strong advocate.
The Civil Demand Letter: Don't Panic
Often, before you even have your first court date, you may receive a letter in the mail from a third-party law firm or collection agency representing the retailer. These letters demand a civil payment, which is usually a penalty of $150 plus the cost of any damaged merchandise. Many of my clients worry that paying this is an admission of guilt or that ignoring it will lead to an automatic conviction.
It is important to understand that this civil demand is entirely separate from your criminal case in Municipal Court. Paying the store does not make the criminal charges go away. I always advise my clients to send these letters to me before they pay. I can help you understand the timing of the payment and ensure that the civil side of the matter does not negatively impact our defense strategy for your actual court case.
Why You Should Never Go It Alone
If you are stopped by loss prevention, you might feel tempted to explain yourself or sign a confession just to be allowed to leave. Do not do this. Anything you say can and will be used against you in court. The store employees are not your friends, and they are not there to help you. Their goal is to protect the store's bottom line.
When you hire me, I take over all communication with the police, the store, and the prosecutor. I ensure that your rights are protected and that you are not bullied into a plea deal that is not in your best interest. I understand that for most of my clients, this is their first interaction with the law. I am here to provide the steady, knowledgeable guidance you need to get through this.
Protecting Your Reputation
A shoplifting charge is more than a legal hurdle; it is a threat to your reputation. In today’s world, background checks are standard for everything from volunteer work at your child’s school to high-level corporate positions. You cannot afford to have a theft charge on your record when there is a valid defense available.
I have spent my career defending the residents of New Jersey in both Municipal and Superior Courts, and I leverage that extensive experience to focus my current practice on achieving results for my clients in the Municipal Court system. I know the local prosecutors, I know the judges, and I know how to navigate the complexities of the law to get the best possible outcome for you. If you made a mistake at the self-checkout and find yourself facing allegations, do not let it define your future.
Protect Your Future: Speak With a New Jersey Municipal Court Defense Attorney Today
If you or a loved one has been charged with shoplifting in New Jersey, the time to act is now. These charges do not simply go away on their own, and the sooner I can begin reviewing the evidence, the better your chances of a favorable outcome. While honesty and immediate action can help clarify a misunderstanding, once the police are involved, you need a professional to protect your rights and your record.
As a New Jersey municipal court defense attorney, I am ready to fight for you. I represent clients virtually in Municipal Courts throughout Mercer County, Middlesex County, Burlington County, and Ocean County. Whether you are dealing with a summons in Hamilton, Lawrenceville, Princeton, or any of the surrounding townships, I can provide the aggressive advocacy you need without you ever having to leave your home.
Call me at my office or reach out through my website to schedule a consultation. Let me put my experience to work for you and help you move past this chapter of your life.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.