Q: I was taken in Walmart stating I wasn’t scanning items and got arrested. Items was worth around $280. Is that jail time?

A: If your first time then very unlikely that you'll get jail but you should get a lawyer to help you avoid the criminal record.

A: Jail is not likely for a first-time offender in New Jersey assuming you have no other prior criminal record however it is possible just not likely. You would be charged with a 4th degree shoplifting charge which could technically have up to 18 months in jail. generally worse than the jail time is the criminal record and the reason why you want to fight the charge because jail eventually goes away the criminal record can stay with you for life. I suggest hiring an experienced shoplifting/criminal lawyer.

A: Shoplifting penalties if charges are not dismissed

2c:20-11 …..

(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.





Mandatory Community service if found guilty:

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.


Criminal Indictable and Disorderly Offense Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year

community service 180 days maximum

mandatory costs, VCCB and other penalties

Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.

Indictable Criminal Penalties [Felony type] [ Superior Court]

Jail potential Fine max Probation

1st degree 10- 20 years $200,000 [presumption of jail]

2nd degree 5-10 years $150,000 [presumption of jail]

3rd degree 3- 5 years $15,000 1 year- 5 year

4th degree 0- 18 months $10,000 1 year- 5 year

There are many other penalties that the court must impose in criminal case. There are dozens of other penalties a court can impose, depending on the type of matter.

If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!

A: If this is your first offense, jail time is not likely. Speak with a criminal defense attorney about resolving this with a non-criminal disposition, or possibly with a dismissal.