In November 2010, Clarkstown police arrested nine people in eight separate incidents over Thanksgiving, including charges for petty larceny, possession of stolen property, and possession of burglary tools.

Shoplifting, like any other crime, goes through a difficult criminal defense timeline. The criminal proceedings in New Jersey can be simplified to the following stages: arrest, booking, arraignment, pre-trial, trial, and appeal.

For law enforcement to arrest an individual, probable cause must exist. Each year, New Jersey police increase efforts to crack down on crime in major shopping areas by assigning extra police officers. To arrest someone, police officers must have a reason to believe a crime was, or is in the process of, being committed and the person arrested perpetrated the crime. In some situations, an arrest warrant is not necessary, unless in the arrest occurs within a person’s home.

After the arrest, the individual is booked at the police station. During the booking process, the person undergoes fingerprinting, questioning, searches, and photographs. All property on an individual will be confiscated, recorded, and stored at the police station. This can be an intimidating process, and if someone does not know his/her rights, s/he may be battered by police to confess to a crime s/he did not commit after the tiring ordeal, or not realize s/he had rights to have an attorney present or to remain silent.

An experienced New Jersey criminal defense attorney is the go to person once arrested. Discussing case details with anyone but a criminal defense attorney is not advised because any other person can be summoned to testify against a defendant. Someone’s own spouse may not be trusted, and may waive privileges to testify against the defendant.

While it is important to stop criminal activity such as theft, it is also important to ensure the rights of New Jersey citizens are protected. When police are particularly looking for signs of illegal activity, there is an increased chance of wrongful arrests. Though someone may be wrongfully charged, the consequences of a conviction can be devastating, with jail time and fines.

The next stage is arraignment, where the accused is read the charges. If the accused does not have an attorney and is indigent, a court appointed attorney, public defender, will be provided. At the arraignment, the accused may offer a plead.

At pre-trial, the prosecution and the defendant’s attorney get together with the judge to discuss any settlement, and the formalities of trial.

The criminal defense process in New Jersey is confusing and complicated. Having a New Jersey criminal defense attorney to explain legal rights goes a long way in getting a favorable result when charged with a crime.