New Jersey Theft Lawyer

Protecting Your Reputation with a Theft Attorney in Hamilton, NJ

Being accused of stealing can be a humiliating and frightening experience. Unlike other offenses that may be viewed as simple mistakes, theft charges carry a stigma of dishonesty that can stain your reputation for years. Whether it is a momentary lapse in judgment at a retail store, a misunderstanding over property ownership, or an accusation of taking a package from a porch, the legal system treats these allegations seriously. A conviction for a theft offense, even a minor one, labels you as untrustworthy in the eyes of future employers, landlords, and professional licensing boards. To prevent a permanent mark on your record, you need the guidance of an experienced New Jersey theft lawyer who understands how to navigate the complexities of municipal court proceedings.

At The Scardella Law Firm LLC, we focus on defending individuals accused of non-violent theft crimes, such as shoplifting and theft of movable property. We know that these incidents often stem from stress, confusion, or impulse rather than criminal intent. We are not here to judge you. We are here to listen to your side of the story and build a defense that protects your rights. Our goal is to resolve the matter quickly and discreetly, minimizing the impact on your life and your future.

If you have been charged with shoplifting, package theft, or another theft offense, contact our firm today by phone or through our online contact form to schedule a free, confidential consultation.

Understanding Theft Laws in New Jersey

In New Jersey, theft is broadly defined as the unlawful taking or exercising of control over the movable property of another with the purpose to deprive them of it. The severity of the charge usually depends on the value of the property involved. While high-value thefts are treated as serious indictable crimes, many cases involving lower dollar amounts are handled in municipal court as disorderly persons offenses. However, do not let the term “disorderly persons” mislead you. It remains a criminal offense that can result in a permanent record if you are convicted.

A qualified New Jersey theft lawyer can explain specifically how the state values the property in question, as this determines the degree of the crime. For thefts involving less than $200, the charge is typically a disorderly persons offense. For amounts between $200 and $500, it becomes a fourth-degree crime. Even minor shoplifting incidents can escalate quickly if the value of the merchandise is disputed or if the state alleges that the theft was part of a larger scheme.

The law also encompasses more than just physically taking an item. It includes theft by deception, where someone creates a false impression to obtain property, and receiving stolen property, where a person knowingly possesses items that were stolen by someone else. Understanding the specific statutes is crucial to developing an effective defense. We analyze the evidence to determine if the state can actually prove that you had the specific intent to deprive the owner of their property, which is a required element of the crime.

Types of Theft Cases We Handle

Our firm focuses on representing clients facing non-violent theft allegations. We frequently handle cases in municipal courts where individuals are charged with taking property without force or threat. We do not handle violent crimes in which the charges pertain to the use of physical force or threats to take another person’s property, but we can refer you to competent counsel if you are facing those serious charges.

• Shoplifting: This is one of the most common theft charges, involving the taking of merchandise from a retail store without paying, concealing items, or altering price tags.
• Package theft: With the rise of online delivery, accusations of taking packages from porches or mailrooms have become increasingly common and are aggressively prosecuted.
• Theft of movable property: This general charge covers the unlawful taking of tangible items, such as a wallet, a bicycle, or a cell phone, from another person or location.
• Theft by deception: These charges arise when an individual uses lies or false impressions to obtain property or services, such as using a counterfeit bill or a cancelled credit card.
• Receiving stolen property: You can be charged with this offense if you are found in possession of items that you knew, or should have known, were stolen.
• Underringing of merchandise: This form of shoplifting occurs when a cashier or customer purposely rings up an item for less than its actual price to avoid paying the full amount.
• Ordinance violations for minor theft: In some very minor cases, we may be able to negotiate for the charge to be treated as a municipal ordinance violation rather than a criminal offense.
• And more: For all other cases, regardless of complexity or circumstance, an attorney’s guidance can make a significant difference in the outcome. 

Each of these charges presents unique challenges. A theft attorney in Hamilton, NJ, from our firm will review the specific facts, such as video surveillance or loss prevention reports, to identify the best strategy for your defense.

The Legal Process for Theft and Shoplifting Charges

The legal process begins the moment you are detained by store security or approached by law enforcement. Knowing what to expect can help reduce anxiety and prevent you from making inadvertent admissions.

• Detention and arrest: Store security may detain you until police arrive, who will then arrest you and issue a complaint-summons with a court date.
• First appearance: You will appear in court to be formally advised of the charges against you and to enter a plea of not guilty.
• Discovery phase: Your New Jersey theft lawyer requests all evidence from the prosecutor, including security camera footage, witness statements, and receipts verifying the value of the goods.
• Pre-trial negotiations: We meet with the prosecutor to discuss the weaknesses in their case and explore options for a dismissal, a downgrade, or a diversionary program.
• Pre-Trial Intervention (PTI) or Conditional Dismissal: For first-time offenders, we advocate for admission into programs that allow for the suspension of proceedings and eventual dismissal of charges.
• Trial: If a satisfactory resolution cannot be reached, the case proceeds to trial, where the state must prove every element of the theft beyond a reasonable doubt.
• Sentencing: If convicted, the judge determines the penalty, which can include fines, community service, restitution to the victim, and potential jail time.

Throughout this process, our theft attorney in Hamilton, NJ, will act as your shield and your voice. We want to see that you are treated fairly and that the prosecutor is held to their burden of proof.

Consequences of a Theft Conviction

A conviction for theft carries specific penalties defined by statute, but the collateral consequences often last much longer than any court-imposed sentence. Because theft implies dishonesty, it is viewed as a crime of moral turpitude.

• Permanent criminal record: A conviction results in a permanent criminal record that is accessible to employers, schools, and the public.
• Employment barriers: Many employers, especially in retail, finance, and healthcare, will automatically reject applicants with a theft conviction due to trust concerns.
• Immigration status: For non-citizens, theft crimes can be considered crimes of moral turpitude, potentially leading to deportation or inadmissibility.
• Fines and restitution: The court will order you to pay fines, court costs, and restitution to the victim for the value of the items taken.
• Community service: Judges frequently impose mandatory community service hours as a way for the offender to pay back society.
• Jail time: Even for disorderly persons offenses, there is a potential for up to six months in jail, though we fight aggressively to avoid or minimize incarceration.
• Civil penalties: In shoplifting cases, retailers may pursue a separate civil lawsuit demanding monetary damages for the cost of the item and legal fees.

Given the severity of these outcomes, it is essential to have a theft attorney in Hamilton, NJ, who is dedicated to protecting your future. We work tirelessly to avoid a conviction that could limit your opportunities for the rest of your life.

Defending Against Theft Allegations

Defending against theft charges often comes down to the issue of intent. The state must prove that you intended to steal the item, not just that you forgot to pay or made a mistake. We employ various strategies to challenge the prosecution’s narrative.

• Lack of intent: We may argue that the incident was an honest mistake, such as forgetting an item was on the bottom of a cart or being distracted while shopping.
• Mistaken identity: In cases of package theft or theft of movable property, we challenge the identification evidence if the video footage is unclear or the witness description is vague.
• Ownership disputes: If you believed you had a right to the property or that it was abandoned, you cannot be convicted of theft.
• Improper police procedure: We review the arrest to confirm that your Miranda rights were read before any custodial interrogation and that searches were conducted lawfully.
• De Minimis infractions: In cases involving extremely small amounts, we may argue that the infraction is too trivial to warrant criminal prosecution.
• Civil Compromise: In some instances, we can negotiate a settlement with the victim where they agree to drop the charges in exchange for restitution.

By meticulously analyzing the facts, a New Jersey theft lawyer can find the cracks in the state’s case. We use these weaknesses to negotiate for a better outcome or to win an acquittal at trial.

How The Scardella Law Firm LLC Can Help

We understand the shame and embarrassment that often accompany a theft charge. You may be worried about what your family will think or how this will affect your job. At The Scardella Law Firm LLC, we provide a judgment-free zone where you can discuss your case openly. We know that good people make mistakes, and we believe that one mistake should not define you.

Our approach is personal and proactive. We do not wait for the court date to start working on your case. We gather evidence, interview witnesses, and prepare our defense strategy immediately. We explain the legal concepts in plain English so that you understand your options. Whether we are negotiating a plea to a municipal ordinance or fighting for a complete dismissal, a legal professional from our firm is by your side every step of the way. We handle the stress of the legal process so that you can focus on moving forward with your life.

Why Choose The Scardella Law Firm LLC

When your reputation is on the line, you need an attorney with specific experience in criminal defense. Lauren E. Scardella is a former prosecutor who understands how theft cases are built and where they often fall apart. She knows how to evaluate the strength of the evidence against you, from grainy security footage to hearsay witness statements. This insider’s perspective enables us to develop defense strategies that are both creative and effective.

We regularly defend our clients in the courts of Mercer and Burlington counties. We have established professional relationships with the prosecutors and judges in these jurisdictions. This familiarity enables us to navigate local court procedures and effectively advocate for our clients. We limit our practice to criminal defense and focus all of our attention on securing favorable outcomes for clients facing charges. When you choose a New Jersey theft lawyer from our firm, you are choosing a dedicated advocate who will fight for your reputation as if it were her own.

Call Us Today to Protect Your Reputation

Theft charges require a swift and strategic response. Waiting to see what happens can result in missed opportunities to preserve evidence or negotiate a favorable resolution.

Call us now or reach out through our online contact form to speak with an attorney and learn how we can help protect your rights.

Frequently Asked Questions About Being Charged with Theft in New Jersey