Walk It Through: The Jacket
Under $200 a disorderly persons offense, an arrest in the officer's presence, and expungement after five years.
A college student walks out of a department store wearing a jacket that was never paid for, and an officer standing by the exit sees it.
Two things a person in this spot might do. Picking one shows what the law says about it.
One jacket and one conviction. Third degree theft, deadly force in an arrest, and expungement after a dismissal are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Degree of crimeHow the code grades a crime, from first degree down to fourth. A crime of the third degree carries between three years and five years and a fine up to $15,000.00.
- Disorderly persons offenseThe grade below the crimes, punishable by not more than 6 months and a fine up to $1,000.00.
- ShopliftingTaking or concealing merchandise, switching price tags or containers, or taking a shopping cart, graded by the full retail value, with values from one scheme added together.
- TheftUnlawfully taking, or exercising unlawful control over, another's movable property with purpose to deprive them of it, graded by the amount involved: less than $200 is a disorderly persons offense.
- ExpungementClearing the records of an arrest or conviction. When charges are dismissed, or the person is acquitted or discharged without a conviction, the court orders it at the time.
- Petty disorderly persons offenseThe lowest grade, punishable by not more than 30 days and a fine up to $500.00.
- Deadly forceForce justifiable in an arrest only by a peace officer, or someone summoned to assist one, who reasonably believes it creates no substantial risk to innocent persons, that the crime was one of the serious crimes the section lists, and that there is an imminent threat of deadly force or the force is needed to stop the crime or prevent an escape.
- Pretrial releaseThe decision, made no later than 48 hours after a defendant is committed to jail, whether and on what conditions to release them before trial. The law relies primarily on release by non-monetary means.
- Resisting arrestPurposely preventing, or trying to prevent, an arrest, graded by how: by other means a disorderly persons offense, by flight a crime of the fourth degree, by force or threat of force a crime of the third degree.