Arrested for Shoplifting at Walmart – What Are Your Options?

May 28, 2025

Being arrested for shoplifting is stressful, especially if it’s your first time facing criminal charges. If you’ve been arrested for shoplifting at a Walmart or any other retail store in New Jersey, you may be wondering what comes next and how it will affect your future. At Bramnick Law, we understand that being accused of shoplifting can cause significant anxiety, but we are here to guide you through the process and protect your rights every step of the way.

Understanding Shoplifting Charges in New Jersey

Shoplifting is a serious offense in New Jersey, with penalties that can vary significantly depending on the value of the stolen property. The charges may range from a low-level disorderly persons offense to a more severe felony with significant prison time.

Here’s how the law classifies shoplifting offenses:

Disorderly Persons Offense: If the total value of the stolen merchandise is less than $200, the offense is classified as a disorderly persons offense. This is similar to a misdemeanor in other states and can result in up to 6 months in jail and a fine of up to $1,000.
Fourth-Degree Crime: When the value of the stolen goods is between $200 and $500, the offense is considered a fourth-degree crime. This can lead to up to 18 months in prison and a fine up to $10,000.
Third-Degree Crime: If the merchandise is valued between $500 and $75,000, the charge escalates to a third-degree crime. Conviction can result in 3 to 5 years in state prison and fines as high as $15,000.
Second-Degree Crime: For stolen goods valued at $75,000 or more, or if the offense is committed as part of an organized retail theft enterprise, it constitutes a second-degree crime. Penalties include 5 to 10 years in state prison and fines as steep as $150,000.

Additionally, New Jersey law mandates community service for shoplifting convictions:

First Offense: At least 10 days of community service.
Second Offense: At least 15 days of community service.
Third or Subsequent Offense: Up to 25 days of community service and a mandatory minimum term of imprisonment of not less than 90 days.

It’s important to note that New Jersey does not classify crimes as misdemeanors or felonies. Instead, offenses are categorized as disorderly persons offenses or indictable crimes, with the latter further divided into degrees based on severity and value.

What Are Your Options If Arrested for Shoplifting?

If you’ve been arrested for shoplifting, you may have several potential options, including negotiating a plea agreement, applying for pretrial intervention (PTI), or fighting the charges in court. Your attorney will help assess the best strategy based on your individual case.

Plea Agreement:

In some situations, you may be able to negotiate a plea agreement with the prosecution. In a plea deal, you may agree to plead guilty to a lesser offense in exchange for reduced penalties. An experienced attorney at Bramnick Law can advocate for the best possible outcome on your behalf.

Pretrial Intervention (PTI):

For first-time offenders, New Jersey offers a diversionary program known as Pretrial Intervention (PTI). This program allows eligible individuals to avoid a criminal conviction by participating in rehabilitation and community service programs. Upon successful completion, the charges may be dismissed. PTI is often an excellent option for those looking to avoid a permanent criminal record.

Defending the Charges:

If you believe you did not shoplift or there are extenuating circumstances (such as mistaken identity or a lack of evidence), your attorney may choose to fight the charges in court. In these cases, the goal will be to show the prosecution that there isn’t enough evidence to convict you beyond a reasonable doubt.

Juvenile Offenders:

If the defendant is a minor, they will typically face charges in the juvenile justice system. In these cases, the focus is often on rehabilitation rather than punishment. However, it’s still important for juveniles to have legal representation to ensure that their rights are protected and to help secure a favorable outcome.

Potential Consequences for Shoplifting in New Jersey

The consequences of a shoplifting conviction can extend beyond just the penalties for the offense. A conviction could lead to:

Criminal Record: A shoplifting conviction will result in a permanent criminal record, which can have long-term implications for employment, housing, and other aspects of your life.
Fines and Restitution: In addition to criminal penalties, you may be ordered to pay restitution to the store for the value of the stolen goods, as well as any other related costs (such as security system damages or investigation expenses).
Civil Demand Letters: You may also receive a civil demand letter from the retailer, requesting compensation for the stolen items. It’s important to consult with an attorney before responding to any such letter to ensure that your rights are protected.

Why Legal Support Matters

While shoplifting charges are serious, they don’t have to define your future. With the right legal support, you may be able to avoid a conviction altogether or significantly reduce the consequences. At Bramnick Law, we are dedicated to providing strong legal defense for clients facing theft charges in New Jersey. Our experienced attorneys can help by:

Investigating the Case: We will thoroughly review the circumstances surrounding your arrest, gather evidence, and assess the strength of the prosecution’s case.
Negotiating on Your Behalf: We can work with the prosecution to explore potential plea deals or alternative sentencing options such as PTI.
Providing Guidance Through the Legal Process: From pretrial motions to trial preparation, we will guide you every step of the way to ensure your case is handled efficiently and effectively.

A Real-World Scenario: Shoplifting at Walmart

To better understand how legal guidance can make a difference, let’s look at a hypothetical situation. Suppose someone is accused of shoplifting at a local Walmart. They’ve never been in trouble with the law before and are caught trying to take a small item. After the incident, they reach out to a defense attorney for help.

An experienced attorney from the firm reviews the case and discusses potential options. Since the person has no prior record, one possible path is New Jersey’s Pretrial Intervention (PTI) program. PTI is designed for first-time offenders and can allow them to avoid a conviction by meeting specific conditions. If successfully completed, the charges are dismissed, and the person avoids the lasting impact of a criminal record.

This example highlights how working with knowledgeable legal counsel can help someone avoid harsh consequences and move forward with a clean slate.

How to Protect Your Rights

If you have been arrested for shoplifting, it’s important to act quickly to protect your rights. The sooner you seek legal counsel, the better your chances of securing a favorable outcome. At Bramnick Law, we represent clients facing shoplifting charges in Scotch Plains, Westfield, Morristown, East Brunswick, Clifton, Cherry Hill, Newark, and throughout New Jersey. Our team is ready to provide you with the legal support and guidance you need.

Take the Next Step with Bramnick Law

Shoplifting charges don’t have to define your future. If you’ve been accused of shoplifting at Walmart or any other retail store in New Jersey, the experienced criminal defense attorneys at Bramnick Law are here to help. We will work tirelessly to protect your rights and secure the best possible outcome for your case.

Call us today at 866-845-5571 or fill out our contact form for a free consultation. Your future matters – let us help you protect it.

Disclaimer: This blog is for informational purposes only and does not create an attorney-client relationship. For legal advice specific to your situation, please contact Bramnick Law directly.