Shoplifting Attorney in West New York, NJ
Reviewed by William A. Proetta, Esq. · Updated
Reviewed by William A. Proetta, Esq. · Updated October 2026
Shoplifting in West New York is prosecuted under N.J.S.A. 2C:20-11. When the goods are priced under $200 in total, the charge is a disorderly persons offense (close to what many states call a misdemeanor), and it is heard at West New York Municipal Court, 428 60th Street. Totals of $200 to $500 make it a fourth-degree crime; more than $500, third degree; $75,000 and up, second degree. A charge at those levels is reviewed by the Hudson County Prosecutor’s Office, which sits in the Frank J. Guarini Justice Complex, 24 Central Avenue, Jersey City.
William Proetta Criminal Law represents people charged in West New York from our office at 242 10th Street, Suite 103, in Jersey City. My own trial experience runs past 15 years, and a shoplifting case from a small store can rest on one employee’s memory of a few seconds.
Bergenline Avenue and West New York’s Storefront Retail
West New York’s shopping is largely storefront retail rather than big-box centers, and its main commercial street is Bergenline Avenue, which runs north through the town from Union City toward Guttenberg and North Bergen.
Chain pharmacies. Walgreens lists two West New York stores on its own locator: 5706 Bergenline Avenue and 6012 Kennedy Boulevard West. CVS lists a West New York store at 5300 Bergenline Avenue (Coviello Plaza). Pharmacies keep many small items within reach, such as cosmetics, razors, vitamins and over-the-counter medicine, and chain stores often have cameras and staff on the floor, so a pharmacy aisle is one place a retail complaint on the avenue can begin. That describes a kind of store, not any one location.
Independent shops. Much of Bergenline is lined with clothing stores, phone shops, bakeries and markets. A stop at a small shop is different from one at a chain. There may be no loss-prevention staff, just an owner or clerk who calls 911. The camera may cover the register and nothing else, and the “price list” may be a handwritten note. Those gaps can matter a great deal at trial.
Kennedy Boulevard. The town’s other main north-south road has its own mix of stores, including the Walgreens on Kennedy Boulevard West.
Town lines. Bergenline Avenue does not change its name at the borders. A store a few blocks south may have a Union City address, and one to the north a Guttenberg or North Bergen address. Each of those towns has its own municipal court, so we confirm the store’s address before anything else.
Police. West New York Police Department officers respond to store calls. The department’s Records Division is in the same 60th Street building as the court, at 428 60th Street (Tyler Place), and that is where a copy of a police report is requested in person.
Bergenline Avenue crosses town lines
N.J.S.A. 2C:20-11. Bergenline Avenue does not change its name at the borders, and each town along it has its own municipal court. Schematic, north at top.
N▲Bergenline Avenue
Same avenue, different courts: check the store address on your summons.
Store locations as listed on each chain’s own locator. This describes a kind of store, not any one location.
The Path Through West New York Municipal Court
At the scene. In most small-value cases the officer writes a complaint-summons and the person goes home. The summons lists the court date.
Contacting the court. The court lists in-person payment hours of 9:00 a.m. to 4:30 p.m., Monday through Friday, and court sessions on Tuesdays and Thursdays; its number is (201) 295-5195. We handle that contact for our clients.
Arraignment. At the first listing the judge explains the charge and the penalties and asks whether you have a lawyer. You plead not guilty.
Evidence requests. We ask the municipal prosecutor for the officer’s report, the store’s statement, the claimed prices, any written admission and all video. With a small store, we also ask whether the video still exists at all.
Ending the case. Weak cases can be dismissed. Others are resolved by agreement subject to the judge’s approval. At a trial the State must prove a purpose to deprive the store beyond a reasonable doubt.
If the amount is $200 or more. The county prosecutor reviews it first. A fourth-degree charge may be remanded to 60th Street, except when it would be a third or later shoplifting offense; higher charges normally stay in Superior Court, where Pretrial Intervention is the main diversion. Grading, mandatory penalties and the 2025 changes to the law are explained on our Hudson County shoplifting page.
If You Are Not a U.S. Citizen
Shoplifting is a theft offense, and federal immigration law generally treats theft as a crime involving moral turpitude. A single disorderly persons conviction may fall within the petty-offense exception, but a fourth-degree conviction will not. The safest outcome is a dismissal or a non-theft disposition. Before you accept any plea, talk to an immigration lawyer as well as to us.
A Letter From the Store
A chain retailer may send a civil demand letter under N.J.S.A. 2A:61C-1. It is limited to a civil penalty of up to $150 plus the value of merchandise not returned in sellable condition, and it applies only where the merchandise was worth $500 or less. Paying it does not dismiss the criminal complaint, and the Attorney General’s guidelines bar a prosecutor from requiring payment as a plea term. Let us look at it first.
Mandatory Community Service and Conditional Dismissal
New Jersey requires community service on every shoplifting conviction: 10 days minimum for a first offense and 15 for a second. A third conviction carries a minimum of 90 days in jail. Conditional dismissal under N.J.S.A. 2C:43-13.1 lets a person with no prior conviction and no earlier diversion keep a disorderly persons charge off the record: the case is held for a year and dismissed if the terms are met. It can be used once, so we look at the evidence for a full dismissal before using it. Later, a dismissed charge can be cleared through Hudson County expungement.
Defense Points in West New York Cases
- Confirm what the camera actually shows, and whether it was saved.
- Ask who priced the items, and how.
- Question whether a clerk who was also serving customers really saw a concealment.
- Show an intent to pay, such as cash in hand or a line at the register.
- Verify the store is inside West New York.
- Seek dismissal or conditional dismissal, and try the case when the proof is weak.
Where a West New York shoplifting case goes
N.J.S.A. 2C:20-11. The total price of the goods decides the grade and the courthouse.
- West New York Municipal Court428 60th Street. Sessions on Tuesdays and Thursdays.
- ArraignmentThe judge explains the charge and the penalties and asks whether you have a lawyer. You plead not guilty.
- Evidence requestsThe officer’s report, the store’s statement, the claimed prices, any written admission and all video; with a small store, whether the video still exists at all.
- Dismissal, conditional dismissal or trialOr an agreement subject to the judge’s approval. At trial the State must prove a purpose to deprive the store beyond a reasonable doubt.
- Reviewed by the county prosecutor firstHudson County Prosecutor’s Office, Guarini Justice Complex, 24 Central Avenue, Jersey City.
- Fourth degree: $200 to $500May be remanded to 60th Street, except when it would be a third or later shoplifting offense.
- Third degree (more than $500) and second degree ($75,000 and up)Normally stay in Superior Court, where Pretrial Intervention is the main diversion.
Under 18: the complaint goes to the Family Part on the third floor of the Guarini complex, not to 60th Street.
West New York Shoplifting FAQs
Where is West New York Municipal Court?
At 428 60th Street, West New York, NJ 07093. The payment window is open 9:00 a.m. to 4:30 p.m. on weekdays.
My stop was at a pharmacy on Bergenline Avenue. Is my case in West New York?
If the store’s address is in West New York, yes. Bergenline also runs through Union City, Guttenberg and North Bergen, and each has its own court.
The store owner, not a guard, stopped me. Does that change anything?
The law lets any merchant with probable cause detain a person in a reasonable manner for a reasonable time. Who stopped you and how they did it can still affect the evidence.
Where do I get a copy of the West New York police report?
The police Records Division is at 428 60th Street. We usually get it through discovery.
Will a shoplifting charge affect my immigration status?
It can. Get advice from an immigration lawyer before any plea, in addition to your criminal defense lawyer.
What happens if my teenager was stopped on Bergenline Avenue?
A complaint against someone under 18 goes to the Family Part on the third floor of the Guarini complex, not to 60th Street; our Hudson County juvenile defense page explains it.
Call Us About a West New York Charge
Bring the summons, any receipts and any letter from the store. Call (201) 793-8018 day or night, or write to us. For other cases in the town, visit our West New York criminal lawyer page.