If you or a loved one has been arrested for shoplifting in Mercer County or anywhere in New Jersey during this holiday season, you may feel like you are dealing with a minor mistake that can be easily resolved. For decades, many people viewed shoplifting as a disorderly persons offense, which is the New Jersey equivalent of a misdemeanor. You might have expected a small fine, some community service, and a quick return to your normal life. That being said, the legal landscape has fundamentally changed due to landmark legislation enacted in 2025.
New Jersey recently implemented a powerful and aggressive statutory law known as S3587. This legislation was designed to combat what the state calls Organized Retail Theft, and it gives prosecutors a new weapon that we call the Aggregation Trap. This legal mechanism allows the state to combine multiple small thefts into one massive criminal case. What might have started as a few incidents of taking items worth fifty dollars can suddenly be transformed into a high-degree indictable crime that carries the threat of years in state prison.
At Davis Law Firm LLC, we have seen firsthand how these rules are being used to target individuals who never imagined they would be facing felony-level charges. If you are currently facing retail theft accusations, it is vital to understand that the prosecution is likely looking at more than just your most recent arrest. They are looking for a pattern, and they are using every tool at their disposal to upgrade your charges.
Understanding NJ’s Landmark Retail Theft Law: S3587
The passage of S3587 marked a significant turning point in how New Jersey handles theft crimes. Before this law, shoplifting was generally graded based on the value of the merchandise taken during a single event. If you took an item worth less than two hundred dollars, it remained in municipal court as a disorderly persons offense. While still serious, it did not carry the same stigma or severe sentencing as an indictable crime.
The new law changed this by focusing on the concept of an Organized Retail Theft Enterprise. Even so, the definition of this enterprise is much broader than most people realize. It does not just apply to sophisticated crime rings or smash and grab mobs. It can be applied to anyone that the state believes is part of a scheme. Under S3587, you do not need to be part of a large ring to face these charges; even a solo actor can be prosecuted as part of an 'enterprise' if a pattern of conduct is established.
Under this framework, the state established a retail theft unit specifically tasked with investigating and prosecuting these cases. This means that local police departments now have more resources and more pressure to turn simple shoplifting arrests into larger investigations. When we represent clients in these matters, our first goal is to determine exactly how the prosecution is grading the crime and whether they are unfairly using aggregation to inflate the penalties.
How the Aggregation Trap Works
The most dangerous part of the law for a defendant is the provision for aggregation. Aggregation allows a prosecutor to add up the total value of merchandise from multiple different shoplifting incidents to determine the grade of the offense. This is a technical process that can turn a series of minor incidents into a life-altering legal crisis.
Imagine a scenario where someone visits a retail store three different times over the course of a few months. On their first visit, they take merchandise worth one hundred dollars. On their second, another one hundred dollars. On their third, they are caught with fifty dollars worth of items. In the past, these might have been handled as three separate, minor offenses.
Under the rules established in 2025, the prosecutor can aggregate these values into a single total of two hundred and fifty dollars. Because that total exceeds the two hundred dollar threshold, the charge is automatically upgraded from a disorderly persons offense to a Fourth-Degree Indictable Crime. If the total reaches over five hundred dollars, it becomes a Third-Degree Indictable Crime.
This aggregation can occur regardless of whether the thefts happened at the same store or even on the same day. As long as the state claims the thefts were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, they can combine them. This aggregation trap is designed to catch people who the state believes are persistent offenders and allows them to hit them with the full weight of the Superior Court system.
The Power of Modern Surveillance and AI in 2025 and beyond
You might wonder how the police can link multiple separate incidents that happened weeks apart. The answer lies in the massive investment New Jersey retailers have made in surveillance technology. By 2026, many major retail chains across Central and South Jersey, including Mercer, Burlington, Camden, and Ocean Counties, will likely implement AI-driven facial recognition and advanced loss prevention software if they have not done so already.
Many stores no longer stop shoplifters immediately. Instead, they build a file. Every time a person of interest enters the store, the cameras track their movements and record what is taken. The store may wait until the aggregated total of the stolen merchandise reaches a specific dollar amount, typically five hundred dollars or more, before they finally involve law enforcement.
This means that when the police finally knock on your door or pull you over, they might not be just charging you for what you did that day. They are presenting a digital dossier of every time you have set foot in that store over the past year. At Davis Law Firm LLC, we know how to challenge this digital evidence. We scrutinize the clarity of the footage, the reliability of the facial recognition software, and the chain of custody for the store's records.
The Severe Penalties for Indictable Retail Theft
The move from municipal court to Superior Court is not just a change of scenery. It represents a massive increase in the potential consequences you face. In New Jersey, indictable crimes are graded from first to fourth degree, and the penalties are life-altering.
- Second-Degree Retail Theft: This applies if the value exceeds seventy-five thousand dollars or if you are deemed a leader of a theft enterprise. It carries a presumption of incarceration, meaning you are almost certain to face five to ten years in state prison.
- Third-Degree Retail Theft: This applies if the value is between five hundred and seventy-five thousand dollars. It carries a potential sentence of three to five years in prison and a fine of up to fifteen thousand dollars.
- Fourth-Degree Retail Theft: This applies if the value is between two hundred and five hundred dollars. It carries a potential sentence of up to eighteen months in prison.
Even if you avoid jail time, an indictable conviction stays on your record. It can prevent you from getting a job, keep you from obtaining professional licenses, and impact your ability to rent an apartment or secure a loan. Moreover, NJ law now includes provisions for Extended Terms of Imprisonment for persistent offenders. If you have prior convictions for shoplifting or receiving stolen property, the prosecutor can ask the judge to double your prison sentence.
The Strategic Defense: How We Fight Back
When you visit our office in Hamilton, we do not just look at the police report. We conduct a deep dive into the prosecution's case to find where they have overreached. Defending against an aggregated theft charge requires an experienced Trenton theft defense lawyer with a technical, aggressive approach.
At Davis Law Firm LLC, one of our primary strategies is to challenge the course of conduct narrative. We argue that the incidents were isolated events rather than a single scheme. If we can successfully break the chain of aggregation, we can often get the charges downgraded back to the municipal level where the penalties are significantly lower.
We also look for procedural errors. Did the store follow proper privacy laws when using facial recognition? Is the full retail value they are claiming accurate? Often, stores use inflated prices or do not account for sales and discounts when calculating the total value of the goods. By challenging the valuation, we can sometimes push the total below the threshold for an indictable crime.
Finally, we explore all diversionary options. For first-time offenders, New Jersey offers programs like Pre-Trial Intervention (PTI). If you are accepted into PTI and successfully complete the program, your charges can be dismissed entirely, leaving you with a clean record. We fight to make sure our clients are seen as real people with real futures who deserve a second chance. Our tenacious representation is to ensure you are treated fairly by the system, rather than just another number in a criminal case file.
Why You Need a Certified Criminal Trial Attorney
The laws in New Jersey are becoming more complex every day. As we enter 2026, you cannot afford to walk into court with an attorney who only handles a few criminal cases a year. Mark G. Davis is a Certified Criminal Trial Attorney, a designation held by only a small percentage of lawyers in the state. This certification means he has demonstrated a high level of experience and knowledge in criminal law and has been recognized by the New Jersey Supreme Court for his skills in the courtroom.
At Davis Law Firm LLC, we understand the stress and fear that come with a criminal charge. We take the time to listen to your side of the story and we explain every step of the process in plain English. We are not here to judge you; we are here to protect you. Our goal is to achieve the best possible outcome for your case, whether that means a dismissal, a downgrade, or a successful trial verdict.
Contact Davis Law Firm LLC Today for a Consultation About Your Case
If you have been caught in the aggregation trap or are facing any retail theft or shoplifting charges in New Jersey, do not wait for the situation to get worse. The sooner you have an experienced legal team on your side, the better your chances of a positive resolution.
We represent clients in Mercer, Burlington, Camden, Ocean Counties, and across the state. We are ready to stand up for your rights. Contact our Hamilton defense lawyers today to schedule a free, confidential consultation. Let us put our decades of experience and our tenacity to work for you.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
