It is illegal to possess or use any item that can aid in a shoplifting offense or render less effective any anti shoplifting packaging or devices. NJSA 2C:5-5 Device Examples include: using or possessing a:
Box cutter Knife including: razor, utility or hunting Rock (example: if used to break a window) Crow bar, Hammer, De-Magnetizer Bag, Bar code reader, price tag label stickers etc. Even the publishing in print or on the internet on how to use or make one of these tools to shoplift is illegal in the State of New Jersey.
As Follows: no person may use, possess or manufacture any item or tool, designed or commonly used for committing or facilitating any shoplifting or burglary offense. It is also illegal to manufacture or provide said item to any person who he/she knows or should have known that said other person will use it. The crime of possession of Burglars Tools in NJ also prohibits the publishing of plans or instructions either on the web or on paper dealing with the manufacture or use of any burglar tools, with the intent that such publication be used for committing or facilitating any offense of shoplifting or burglary.
In NJ the crime of Burglar Tools is a crime of the fourth degree punishable by up to 18 months in jail plus a $7500.00 fine if the defendant manufactured the product or published plans or instructions for such instrument or implements; otherwise for the user it is commonly charged as a disorderly persons offense carrying a sentence of up to 180 days in jail up to $1,000.00 fine, probation and a criminal record.
Possession of Burglary Tools is a separate charge from shoplifting but is generally charged with a shoplifting or theft offenses in NJ. This means that you will face punishment for both offenses and the time you serve will be consecutive. The majority of people charged with possession of burglary tools got charged because either they had a knife, pry bar, or box cutter on them at the time they were caught shoplifting, stealing or breaking into someones house or store. Your defense is not just based on what you did but on what the police did. For example: where the procedures proper, was the evidence used to convict you obtained properly. Defenses do exist to a charge of possession of burglary tools and even if you did the crime we can help. Attorney Aalsberg has a 98% success rate of helping his clients win reduce or eliminate the penalties they face. Put the experience of over 11,000 criminal and municipal court matters to work for you today, call 1-800-9-RIGHTS and setup a free in office consultation. The Call is free the results could be priceless.