2C:20-11 Shoplifting

a.Definitions. The following definitions apply to this section:

(1)”Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;

(2)”Store or other retail mercantile establishment” means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;

(3)”Merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;

(4)”Merchant” means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;

(5)”Person” means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;

(6)”Conceal” means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;

(7)”Full retail value” means the merchant’s stated or advertised price of the merchandise;

(8)”Premises of a store or retail mercantile establishment” means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;

(9)”Under-ring” means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;

(10) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device;

(11) “Organized retail theft enterprise” means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.

b.Shoplifting. Shoplifting shall consist of any one or more of the following acts:

(1)For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2)For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3)For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4)For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5)For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

(6)For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

c.Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.

(2)Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.

(3)Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.

(4)Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.

The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.

Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

d.Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

e.A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.

A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.

f.Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

2C:20-11 Shoplifting Criminal Defense Lawyer

2C:20-11 Shoplifting Criminal Defense Lawyer.  Are you scheduled to appear in Court for a 2C:20-11 Shoplifting?  It is important to choose an experienced attorney to protect your rights.  Our office concentrates in defending 2C:20-11 Shoplifting charges.  If you are interested in defending you 2C:20-11 Shoplifting charge and want our BEST REPRESENTATION, call and we can help you.  You should take advantage of our legal representation as you may not be aware of the many objections that are available to defend you.

We regularly appear and represent for 2C:20-11 Shoplifting charges in:

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MUNICIPAL COURT, FLORENCE TWP MUNICIPAL COURT, HAINESPORT TWP MUNICIPAL COURT, WILLINGBORO TWP MUNICIPAL COURT, LUMBERTON TWP MUNICIPAL COURT, MANSFIELD TOWNSHIP MUNICIPAL COURT, MAPLE SHADE TWP MUNICIPAL COURT, MEDFORD TWP MUNICIPAL COURT, MEDFORD LAKES MUNICIPAL COURT, MOORESTOWN TWP MUNICIPAL COURT, MOUNTT HOLLY MUNICIPAL COURT, MOUNT LAUREL MUNICIPAL COURT, NEW HANOVER TWP MUN COURT, NORTH HANOVER MUNICIPAL COURT, PALMYRA BORO MUNICIPAL COURT, PEMBERTON BORO MUNICIPAL COURT, PEMBERTON TWP MUNICIPAL COURT, RIVERSIDE TWP MUNICIPAL COURT, RIVERTON BORO MUNICIPAL COURT, SHAMONG TWP MUNICIPAL COURT, SOUTHAMPTON MUNICIPAL COURT, SPRINGFIELD TWP MUNICIPAL COURT, TABERNACLE TWP MUNICIPAL COURT, WASHINGTON TWP MUNICIPAL COURT, WESTAMPTON TWP MUNICIPAL COURT, WOODLAND TWP MUNICIPAL COURT, WRIGHTSTOWN BORO MUNICIPAL COURT, AUDUBON BORO MUNICIPAL COURT, AUDUBON PARK BORO MUNICIPAL COURT, BARRINGTON MUNICIPAL COURT, BELLMAWR MUNICIPAL COURT, BERLIN BORO MUNICIPAL COURT, BERLIN TWP MUNICIPAL COURT, BROOKLAWN MUNICIPAL COURT, CAMDEN CITY MUNICIPAL COURT, CHESILHURST MUNICIPAL COURT, CLEMENTON MUNICIPAL COURT, COLLINGSWOOD MUNICIPAL COURT, CHERRY HILL TWP MUNICIPAL COURT, GIBBSBORO BORO MUNICIPAL COURT, GLOUCESTER CITY MUNICIPAL COURT, GLOUCESTER TWP MUNICIPAL COURT, HADDON TWP MUNICIPAL COURT, HADDONFIELD MUNICIPAL COURT, HADDON HEIGHTS BOROUGH MUNICIPAL COURT, HI-NELLA BORO MUNICIPAL COURT, LAUREL SPRINGS MUNICIPAL COURT, LAWNSIDE BORO MUNICIPAL COURT, LINDENWOLD MUNICIPAL COURT, MAGNOLIA BORO MUNICIPAL COURT, MERCHANTVILLE BORO MUNICIPAL COURT, MT EPHRAIM BORO MUNICIPAL COURT, OAKLYN BOROUGH MUNICIPAL COURT, PENNSAUKEN MUNICIPAL COURT, PINE HILL BORO MUNICIPAL COURT, PINE VALLEY MUNICIPAL COURT, BOROUGH OF RUNNEMEDE MUNICIPAL COURT, SOMERDALE BORO MUNICIPAL COURT, STRATFORD BORO MUNICIPAL COURT, VOORHEES TWP MUNICIPAL COURT, WATERFORD TWP MUNICIPAL COURT, WINSLOW TOWNSHIP MUNICIPAL COURT, WOODLYNNE BORO MUNICIPAL COURT, AVALON MUNICIPAL COURT, CAPE MAY CITY MUNICIPAL COURT, CAPE MAY POINT MUNICIPAL COURT, DENNIS TWP MUNICIPAL COURT, LOWER TWP MUNICIPAL COURT, MIDDLE TWP MUNICIPAL COURT, NORTH WILDWOOD MUNICIPAL COURT, OCEAN CITY MUNICIPAL COURT, SEA ISLE CITY MUNICIPAL COURT, STONE HARBOR MUNICIPAL COURT, UPPER TOWNSHIP MUNICIPAL COURT, WEST CAPE MAY MUNICIPAL COURT, WEST WILDWOOD BORO MUNICIPAL COURT, WILDWOOD CITY MUNICIPAL COURT, WILDWOOD CREST MUNICIPAL COURT, WOODBINE BORO MUNICIPAL COURT, BRIDGETON MUNICIPAL COURT, COMMERCIAL JOINT MUNICIPAL COURT, DEERFIELD TWP MUNICIPAL COURT, DOWNE TWP MUNICIPAL COURT, FAIRFIELD MUNICIPAL COURT, GREENWICH TWP MUNICIPAL COURT, HOPEWELL TWP MUNICIPAL COURT, LAWRENCE TWP MUNICIPAL COURT, MAURICE RIVER MUNICIPAL COURT, MILLVILLE MUNICIPAL COURT, SHILOH TOWNSHIP MUNICIPAL COURT, STOW CREEK TWP MUNICIPAL COURT, CS REGIONAL MUNICIPAL COURT, VINELAND CITY MUNICIPAL COURT, BELLEVILLE TWP MUNICIPAL COURT, BLOOMFIELD TWP MUNICIPAL COURT, CALDWELL BORO MUNICIPAL COURT, FAIRFIELD TWP MUNICIPAL COURT, CEDAR GROVE MUNICIPAL COURT, EAST ORANGE MUNICIPAL COURT, ESSEX FELLS BORO MUNICIPAL COURT, BORO OF GLEN RIDGE MUNICIPAL COURT, IRVINGTON MUNICIPAL COURT, LIVINGSTON MUNICIPAL COURT, MAPLEWOOD TWP MUNICIPAL COURT, MILLBURN TWP MUNICIPAL COURT, MONTCLAIR TWP MUNICIPAL COURT, NEWARK MUNICIPAL COURT, NORTH CALDWELL MUNICIPAL COURT, NUTLEY TOWN MUNICIPAL COURT, ORANGE CITY MUNICIPAL COURT, ROSELAND BORO MUNICIPAL COURT, SOUTH ORANGE MUNICIPAL COURT, VERONA TWP MUNICIPAL COURT, WEST CALDWELL MUNICIPAL COURT, WEST ORANGE MUNICIPAL COURT, SPECIAL REMAND PART-NEWARK MCT, CLAYTON BORO MUNICIPAL COURT, DEPTFORD TWP MUNICIPAL COURT, EAST GREENWICH TWP COURT, ELK JOINT MUNICIPAL COURT, FRANKLIN JOINT MUNICIPAL COURT, GLASSBORO MUNICIPAL COURT, GREENWICH TWP MUNICIPAL COURT, HARRISON TWP MUNICIPAL COURT, LOGAN TWP MUNICIPAL COURT, MANTUA JOINT MUNICIPAL COURT, MONROE TOWNSHIP MUNICIPAL COURT, NATIONAL PARK BORO MUN COURT, NEWFIELD BORO MUNICIPAL COURT, PAULSBORO BORO MUNICIPAL COURT, PITMAN BORO MUNICIPAL COURT, SOUTH HARRISON MUNICIPAL COURT, SWEDESBORO MUNICIPAL COURT, WASHINGTON  TWP MUNICIPAL COURT, WENONAH BORO MUNICIPAL COURT, WEST DEPTFORD TOWNSHIP MUNICIPAL COURT, WESTVILLE NATIONAL PK MUNICIPAL COURT, WOODBURY CITY MUNICIPAL COURT, WOODBURY HTS MUNICIPAL COURT, WOOLWICH JOINT MUNICIPAL COURT, BAYONNE CITY MUNICIPAL COURT, EAST NEWARK MUNICIPAL COURT, GUTTENBERG MUNICIPAL COURT, HARRISON MUNICIPAL COURT, HOBOKEN CITY MUNICIPAL COURT, JERSEY CITY MUNICIPAL COURT, KEARNY MUNICIPAL COURT, NORTH BERGEN MUNICIPAL COURT, SECAUCUS TOWN MUNICIPAL COURT, UNION CITY MUNICIPAL COURT, WEEHAWKEN TWP MUNICIPAL COURT, WEST NEW YORK MUNICIPAL COURT, HUDSON CO DISTRICT COURT

We were more than pleased by the results obtained by the Shugar group. My sister went from a DUI plus 3 other citations down to basically Careless Driving. The fines were a fraction of what we expected and we definitely chose the right attorney to represent us. Cannot recommend them more highly.
CLIFFORD ginsberg
CLIFFORD ginsberg
21:48 13 Dec 18
I cannot say enough good things about this law firm. Kevin came to court with me this morning and got my big traffic violation charge dismissed and i got to keep my license (i was facing 6 month suspension). He got it charged down to a lesser charge and all i had to pay was court costs and ticket fees. thank you shugar law i am very happy i hired you to help me with me legal needs.
jennifer sweder
jennifer sweder
16:47 11 Dec 18
Very professional . They helped with a traffic ticket. We ended up with no points on the record. Communication with them was very good prior to the court date. The lawyer was there on time. I would highly recommend them
Claudia Ionescu
Claudia Ionescu
17:27 07 Dec 18
Thank you so much for representing me, I felt very confident in knowing your firm would handle my case with a grear deal of respect and dignity. Thank you very much!
MsVen123
MsVen123
14:54 30 Nov 18
Shugar Law Office has excellent attorneys. My attorney resolved my case with a dismissal. This is the second time that I had Shugar represent me. I am totally satisfied with their services and professionalism. Thank you for everything, you are the best.
Walter Sims
Walter Sims
22:41 26 Nov 18
I had a traffic violation that was going to be two points. They were able to get the violation down to a lesser charge with no points. My total fines were only $60 more than the ticket charge, without 5he points. Very pleased. Would uses their services again.
58sportsuburban
58sportsuburban
18:49 21 Nov 18
Excellent experience! Highly professional and accommodative. Successfully got my case dropped in court. Thank you!
Shani Berger
Shani Berger
15:02 15 Nov 18
Completely satisfied with the service provided. Lawyer was very clear, confident and friendly from the beginning. Recommended.
Bayron Castillo
Bayron Castillo
18:49 24 Oct 18
Thank you Matt for your help!! You really came through for me in a tough situation. I recommend them to anyone looking for help.
Andrew Rivera
Andrew Rivera
02:13 23 Oct 18
Very, very pleased with Mr. Shugar's help. Really nice person who explained everything and, confidently, delivered. Knows the whole traffic system and what goes on. Worth all the peace of mind. Would highly recommend, even though a little pricey compared to other lawyers.
Siu-Long Yao
Siu-Long Yao
00:27 23 Oct 18
Thank you Matt for helping resolve my traffic violation matters. You were very clear and helpful. Really appreciate the office for coming through for me.
Andrew Rivera
Andrew Rivera
14:25 16 Oct 18
Nice and friendly kept me informed up to my court date. Thank you
JaMelia P
JaMelia P
17:26 02 Oct 18
They where really good, good price, friendly face and got me the results I wanted no points low fines even with a nasty abstract lol I would use them again and recommend them to anyone in need of help with traffic tickets
Deñ Santiago
Deñ Santiago
21:40 16 Jul 18
The lawyer was great, he did exactly what he said he was going to do for me.
Cindy saint-louis
Cindy saint-louis
13:27 06 Jul 18
He said he would do what he said he would do drop me down to a no pointer.and his price was in my budget thank you shugar law.
tanya jackson
tanya jackson
18:02 02 Jul 18
I went to court today for 3 very serious driving violations that would have resulted in points and fines. However, the most serious charge was dismissed, and the other 2 tickets were downgraded and i received a small fee with no points. Im very happy with the outcome, and I highly recommended this law firm..Will definately use them again. Their rates was half of what other firms was charging me. Many thanks to Greg Shugar.😁
Charlene Chapman
Charlene Chapman
20:49 30 May 18
Got my ticket fee reduced by two thirds and no points! Good job!
Edwin Hiecke
Edwin Hiecke
22:12 04 May 18
This law office has super excellent lawyers who looked after my interest and fought my best. They exceeded.my expectations. I am more than happy and feel proud for my selection of this Law House.
tushar roy
tushar roy
20:40 26 Mar 18
Will recommend 💯 thank you guys for helping me
Luis Reyes
Luis Reyes
00:48 28 Feb 18
I wish if I could rate Gregory Philip Shugars Esq Millions of Stars. The excellency and professionalism of Mr. Kevin on representing my case was more than I can say with words. I wish if I could give Mr. Kevin a 6 Star. I thank Mr. Kevin beyond Major
JERY JACKY
JERY JACKY
23:52 22 Sep 17
I am very greatful for Shugar Law Office. They did exactly what they said they would do over the phone. I didn't even have to go to court. My case got completely dismissed. I paid no fine and got no points. I am a commercial driver. If I got this ticket I would've lost my job. I would definitely recommend them to anyone who gets a ticket in New Jersey.
Ahmed Ahmed
Ahmed Ahmed
21:03 08 Aug 17
I received a ticket in the Holland tunnel that if I'd not called Shugar Law about would have resulted in points on my license, & higher insurance premiums, I emailed Shugar Law, gave them the ticket # , and they took it from there, I didn't have to do anything else, 6 weeks later the ticket was lowered to another charge , an $89 fine & NO POINTS ON MY LICENSE. Shugar Law saved me $$$ in insurance surcharges. I'd recommend them to any of my friends. If you receive a ticket for anything, do yourself a favor, call Shugar Law, they can help you,
Will The Thrill
Will The Thrill
13:32 25 Jun 17

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