Theft offenses might be among some of the most commonly charged criminal offenses in New Jersey, and there are probably a million ways in which the offense may be completed. By the same token, there are also a million ways in which a person may defend themselves against theft charges. The most effective strategy depends on the details of your specific situation, and an attorney can help you plan your defense.
Many defendants claim that the police nabbed the wrong guy. Maybe witnesses did not get a clear look at the supposed thief, and surveillance videos are a bit too grainy to get a proper identification. If prosecutors cannot prove the thief’s identity, your charges should be dropped or dismissed. Other defendants can downgrade their charges if prosecutors have inflated the value of the allegedly stolen property. Still, even if the evidence against you is strong, we can build a defense if the authorities violated your rights at some point during their investigation.
Get a free, confidential case review from our Atlantic City theft defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Fighting Theft Charges Based on Identification Issues in NJ
When a person is charged with theft in New Jersey, prosecutors must prove their case beyond a reasonable doubt to secure a conviction. This is an extremely high bar to meet, and prosecutors need as much evidence as they can get, including evidence of the supposed thief’s identity. A major part of any criminal case is establishing the identity of the supposed thief. If this cannot be done – or there is too much doubt surrounding the issue – you might avoid a conviction.
Identify is often established using a combination of evidence. Prosecutors might ask eyewitnesses to testify about how they saw the defendant steal something. They might also introduce surveillance camera footage showing the defendant’s face clearly. However, evidence is not always reliable, and juries might choose not to believe it if our NJ criminal defense lawyers raise reasonable doubt.
Maybe the security camera footage is too grainy, and nobody can quite make out the face of the person in the video. Maybe the description of the supposed thief provided by an eyewitness is too vague. They might say they saw a tall man in a dark sweatshirt steal items from a store. Even if you match this description, so do a lot of other people.
We must heavily scrutinize the prosecutor’s evidence. They might have witnesses and security camera footage, but the evidence might not be perfect. If you cannot be identified as the supposed thief, you should not be found guilty.
Challenging the Value of Allegedly Stolen Property to Fight Theft Charges in NJ
Theft offense grading may depend on the value of the property allegedly stolen. For example, according to N.J.S.A. § § 2C:20-11(c)(3)-(4), shoplifting may be charged as a disorderly persons offense if the value of the stolen goods amounts to less than $200. However, if the value amounts to at least $200 but still less than $500, the offense may be charged as a fourth-degree crime.
One possible defense strategy we should explore is challenging the full retail value of the supposedly stolen items. Maybe the prosecutor insists that the goods are worth $300, which would fall squarely within the range of a fourth-degree crime. If the items were actually worth under $200, we can argue for a reduction in charges.
Can You Be Charged with Theft if You Never Removed Items From the Store in NJ?
Another argument worth looking into is whether items were removed from the owner’s property. For example, people accused of shoplifting might argue that they cannot be charged because they never removed anything from the store. This argument should be considered if you did not leave the store with anything you did not pay for.
However, we must address the issue of concealment. According to N.J.S.A. § 2C:20-11(b)(2), the offense of shoplifting includes concealing items on your person to deprive the rightful owner. You do not necessarily have to leave the store with the times to be charged.
If this is an issue, we should discuss how and where you placed the allegedly stolen items on your person. Perhaps your hands were full, so you slipped a smaller item into your pocket or bag to pay for later at the register, but someone saw you do it and got the wrong idea. It is not unusual for shoplifting accusations to result from misunderstandings like this.
Fighting Theft Charges by Suppressing Illegally Seized Evidence
When the authorities arrest someone, they must follow very strict rules and legal protocols that protect people from the authorities who might otherwise trample over their rights. One extremely important rule is that the police cannot arrest someone or search their person or private property without a warrant, barring special circumstances. If the police seized evidence from you without a search warrant, inform your lawyer immediately.
The allegedly stolen property is often a key piece of evidence in theft cases. The prosecutor’s goal is usually to prove who owned the property and that it was found in your possession. However, if the property was seized from you without a search warrant, we might be able to convince the judge to exclude it from your trial. Illegally obtained evidence should be suppressed and not used against you.
How to Fight Theft Charges if The Police Violated Your Rights in NJ
Sometimes, strong defenses are based on things that occurred after the police intervened and arrested you or searched your home. For example, if you were taken into police custody only to find yourself being threatened or coerced into confessing, your attorney can work to suppress the confession. Such statements must be made knowingly and willingly. If they are forced, they cannot be used against you.
We should also consider any possible violations of your Miranda rights. These rights include your right to remain silent and to have a lawyer with you when the police question you. If you were never informed of these rights or tried to invoke them but were denied, tell your attorney immediately.
Speak to Out NJ Theft Defense Lawyers for Help Today
Get a free, confidential case review from our Collingswood, NJ criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
