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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My second offense. I was caught shoplifting $70 worth of

Customer Question

My second offense. I was caught shoplifting $70 worth of merchandise in Whole Foods. I was not read my rights. The summons reads surveillance video and statement of " shop rite " not whole foods. Can I firight this?
JA: What state are you in? It matters because laws vary by location.
Customer: New jersey
JA: Has anything been filed or reported?
Customer: Yes I received a. Court summons
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 4 months ago.
Category: Legal
Expert:  LegalKnowledge replied 4 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 4 months ago.

Good morning. Did you make any admissions or statements to the officer, once you were arrested?

Customer: replied 4 months ago.
Expert:  LegalKnowledge replied 4 months ago.

Thank you. If you were in custody and not free to leave, the police needed to read you your Miranda rights, if you were being questioned. If they were not ready, any admissions or statements, could be suppressed and not come in and be used against you. However, it would not be a basis to dismiss the case. Now, if the wrong store was stated on the summons, this is something which could simply be amended, prior to trial, to reflect the proper store, if needed.

Customer: replied 4 months ago.
what would the penalty be
Expert:  LegalKnowledge replied 4 months ago.
  • Disorderly persons shoplifting (misdemeanor shoplifting): Stolen items valued at less than $200 are misdemeanor shoplifting crimes. Up to six months in prison and a $1,000 fine can be assessed for this crime.

The first shoplifting offense carries with it a mandatory 10 days of community service, while the second offense includes 15 days of community service. After the third offense, there is a mandatory 90-day prison sentence and 25 days of community service penalty.