3 Time Shoplifting in New Jersey Avoids Jail
One of the associates in my office, Keith Oliver just finished representing a women who was charged with three separate counts of shoplifting, in violation N.J.S.A. 2C:20-11b. The first matter originated out of Wayne, New Jersey and since the items in question totaled over $1,000 the defendant was charged with a third degree indictable offense (felony) and as a result the matter was transferred to the Passaic County Superior Courthouse. Since the defendant had no prior criminal record we were able to convince the Judge to allow her to participate in the Pre Trial Intervention Program (“PTI”) for a period of six (6) months, which if she completed without issues, the pending felony charges would have been dismissed. While the defendant was participating in the PTI program she got arrested again in Paramus New Jersey on another shoplifting matter, which was also an indictable matter, which as a result also got transferred to the Bergen County Superior Courthouse. On this matter, my office was able to convince the Bergen County Prosecutor’s Office to remand the defendant’s matter back the Paramus Municipal Court. While that matter was in transit the defendant got picked up on another shoplifting and possession of burglary tools matter out of Wayne New Jersey, making this her third arrest for shoplifting within three months. It is important to note here that pursuant to N.J.S.A. 2C:20-11c(4), an individual who is convicted of shoplifting three times in their lifetime must serve at least 90 days in Jail for every third or subsequent offense.
As a result of the subsequent two shoplifting offenses, the defendant was violated from the pre trial intervention program and a termination hearing was set by the Judge. Mr. Oliver was able to adjourn that hearing pending the outcome of her other cases. The first matter out of the Paramus Municipal Court my office was able to convince the prosecutor and the Judge to downgrade the defendants second shoplifting charge to disorderly conduct, in violation of N.J.S.A. 2C:33, which is a petty disorderly persons offense. Mr. Oliver then appeared on the Defendant’s third shoplifting matter and since the state was unable to produce the necessary discovery, the shoplifting charge was outright dismissed. With these matters now being resolved and both of them being resolved as non-shoplifting convictions, Mr. Oliver prepared for the defendant’s PTI Termination hearing. Mr. Oliver appeared and was able during oral argument to convince the Judge to allow the defendant to continue with the Pre Trial Intervention Program. The Judge’s ruling surround on the fact that the defendant was only violated due to a charge that resulted in a petty disorderly persons offense, not a felony or shoplifting charge.
Therefore, Keith Oliver from my office was able to take a defendant, who was facing her third shoplifting charge in three months (two of which were felony matters) which as stated above, carries with it a minimum of 90 days in the Bergen County Jail and have her walk way with no shoplifting convictions and only a petty disorderly persons offense on her record.