New Jersey Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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US-02212BG
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False imprisonment is defined as consisting of unlawful restraint against the will of an individual's personal liberty or freedom of locomotion. Unlawful detention is the basis of false imprisonment. It is also defined as any intentional detention of the person of another unauthorized by law.


False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.


Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without due process or under a false authority, without consideration of whether any crime has been committed or a debt due.

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  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager
  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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FAQ

Pretrial Intervention (PTI) allows for dismissal of shoplifting offenses where an individual is admitted into the program and is successful in completing six (6) months to two (2) years probation. When an individual completes PTI favorably, his or her charge is dismissed.

The grading of a shoplifting charge is determined by the value of the merchandise stolen. If the full retail value of the items stolen is $75,000 or more, shoplifting is a second-degree crime. It is a third-degree crime to commit shoplifting of merchandise with a value of at least $500 but less than $75,000.

Shopkeeper's privilege is a law recognized in New Jersey that gives merchants the privilege to detain an accused shoplifter on the store grounds. The store owner or manager must have probable cause for detaining the suspect. They may only detain the alleged shoplifter for a reasonable amount of time.

N.J.S.A. 2C:20-11 Shoplifting 4th degree shoplifting ? $200 - $500. Up to 18 months in jail. 3rd degree shoplifting - $500 - $75,000. Up to 3-5 years in prison. 2nd degree shoplifting ? more than $75,000. Up to 5-10 years in prison.

New Jersey Shoplifting Laws 2C:20-11]: Purposely Taking Merchandise [N.J.S.A. 2C:20-11(b)(1)]: If a person purposely takes merchandise from a store with the intent to deprive the owner of its benefit (i.e. the value of the item) without paying for it, then he will be guilty of shoplifting.

What is the ?Shopkeeper's Privilege? in California? Under California law, the principle of shopkeeper's privilege permits shopkeepers (or store owners or merchants) to detain a customer if they have probable cause that the person is guilty of shoplifting (per Penal Code 459.5).

5 Steps To Take If You're Wrongfully Accused of Theft Step 1 - Calm Down. A false accusation of theft is frightening because it could land you in jail. ... Step 2 - Look for Evidence. How do you prove you are innocent when accused of stealing? ... Step 3 - Understand Your Rights. ... Step 4 - Don't Talk. ... Step 5 - Work with a Lawyer.

The most common variety of indictable felony shoplifting offense is third degree. A third degree shoplifting charge involves jail exposure of up to five (5) years and is therefore something that must be addressed seriously.

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New Jersey Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager