What Evidence Will I Face During A New Jersey Shoplifting Trial?

If you’re facing a trial for shoplifting in Bergen County, you might be wondering what kind of evidence the prosecution has against you. It’s an understandable concern. After all, the outcome of your trial depends heavily on the evidence that the prosecution presents. You are innocent until proven guilty, and the reliability of the evidence (or complete lack of evidence) determines whether you will walk free.

You’ll Find Out About Evidence Ahead of Time 

Prosecutors cannot surprise you with evidence at the trial. Instead, they must share any information they have against you beforehand during a process called “discovery.” According to the Department of Justice, “a prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect on the case.”

In other words, you’ll learn about the various evidence prosecutors have before your trial begins. More importantly, you and your defense attorney will have enough time to prepare before the trial begins.

Generally speaking, Florida has strong protections against “surprise witnesses” and other evidence. If the prosecution presents undisclosed evidence during your trial, your lawyer can object immediately. The Florida Supreme Court believes that this is unfair, as you “might well have taken some action to protect” against surprise evidence if you had been given “timely notice of the witness.”

Witnesses 

An obvious form of evidence is eyewitness testimony. Someone may claim to have seen you steal items from stores, and they may testify against you in court. This might be a store manager, a store employee, a police officer, a security guard, or a private citizen. 

Surveillance Footage 

Many stores have surveillance cameras, and this footage may find its way into the courtroom. This footage may seem convincing, but it could be too grainy or pixelated to clearly depict your face. 

Stolen Items 

Another obvious type of evidence in a shoplift trial is a stolen item that you are alleged to have stolen. For example, police might have arrested you and discovered sunglasses on your person with the price tags still attached. If you face this type of evidence, it may be difficult to fight your charges. You may wish to discuss a plea deal with your lawyer. 

Other Items 

Even if police officers do not recover the stolen items from you, other items can be incriminating. These might be tools that you are alleged to have used to carry out the shoplifting. Examples include scissors or pliers to cut off price tags or sensors. In a recent New Jersey case, a man was discovered with several anti-shoplifting devices on his person. Possession of these items may clearly indicate shoplifting offenses, as it is impossible to obtain these anti-shoplifting devices in any other way.

Find an Experienced New Jersey Shoplifting Lawyer 

The first step in fighting your shoplifting charges is to get in touch with a New Jersey theft lawyer. During your first consultation with Phillip J. Murphy, Attorney at Law, you can discuss the evidence you might face at a trial. More importantly, you can discuss defense strategies in more detail. Contact us right away to get started.

Sources: 

justice.gov/usao/justice-101/discovery

patch.com/new-jersey/secaucus/man-drove-stolen-moped-through-secaucus-had-shoplifting-devices-pd