Bergen County Theft Crime Lawyer

Bergen County Theft Crime Lawyer

You got arrested for theft in Bergen County. Maybe you spent last night at Bergen County Jail. You have paperwork showing charges – third degree, fourth degree – and you don’t understand what any of it means. You have a court date coming up at Bergen County Superior Court in Hackensack. You’re terrified about going to prison. Here’s what actually happens in your situation, what sentences first-time offenders really get, and the choices you face that determine whether this conviction follows you forever.

Thanks for visiting Spodek Law Group. We’re a second-generation criminal defense law firm managed by Todd Spodek, with over 40 years of combined experience defending clients facing theft charges throughout New Jersey. What you’re about to read isn’t generic legal advice – it’s what actually happens to people in your exact situation when they’re processed through Bergen County’s criminal justice system. We’ve defended theft cases here for decades and understand the stakes you’re facing.

Why Dollar Amount Determines Everything

Prosecutors keep emphasizing the value of what you allegedly took. Here’s why: New Jersey’s theft statutes create a tiered system where alleged value determines whether you’re facing six months or ten years in prison. The difference between $499 and $501 is the difference between fourth-degree theft (maximum 18 months) and third-degree theft (maximum 5 years). That’s New Jersey sentencing law. Property under $200: disorderly persons offense, six months maximum. Between $200 and $500: fourth-degree theft, up to 18 months. Over $500: third-degree theft, three to five years. Over $75,000: second-degree theft, five to ten years mandatory. This tiered structure gives prosecutors enormous leverage. They charge third degree because alleged value was $800, then offer to downgrade to fourth degree as a “deal.” That’s not negotiation – that’s coercion through threat of disproportionate punishment. When your attorney challenges the valuation, we’re fighting to keep you out of the higher sentencing range. If the police report says you took items valued at $600, prosecutors charge third degree. Your attorney examines that valuation: Who determined it? Is it retail price or actual value? Can they prove it? The burden of proof includes proving value beyond reasonable doubt. Make them prove it. Because when prosecutors have that kind of leverage, your Sixth Amendment right to counsel isn’t just helpful – it’s your only defense against state power designed to extract guilty pleas.

The Timeline You’re Facing

You were arrested and processed at Bergen County Jail. The Pretrial Services Unit handles intake – cutoff times are 8:30 AM weekdays, 11:00 AM weekends. You either got released with conditions or you’re being held pending a detention hearing. Your next appearance is at Bergen County Justice Center, 10 Main Street in Hackensack, for arraignment.

At arraignment, the judge explains charges and rights. Bail gets set if you’re in custody, or release conditions get formalized. Most people walk out, though sometimes with travel restrictions or mandatory check-ins. Missing this court date results in a warrant. Show up.

If you’re charged with an indictable offense – third degree or higher – the Bergen County Grand Jury votes on whether to indict. This happens behind closed doors. You don’t attend. If they indict, your case gets assigned to a trial prosecutor who handles it through final disposition. That prosecutor now has institutional resources – investigators, expert witnesses, the full weight of the Bergen County Prosecutor’s Office – aimed at securing your conviction. Most cases end at pre-trial conferences. Your attorney and the prosecutor negotiate. They discuss evidence, case strength, your prior record. Prosecutors routinely offer plea deals at this stage – often a downgrade from third to fourth degree for first-timers, or Pretrial Intervention if you qualify. Very few theft cases go to trial. The system isn’t designed for trials; it’s designed for plea bargains. If you take a plea, you’re scheduled for sentencing. If you reject the plea and go to trial, you face a jury months later. During that time, you’re living under release conditions, showing up for court dates, watching your life get put on hold while this case hangs over you.

Prison vs. The Record That Follows You

Courts in New Jersey often spare defendants from prison sentences for third and fourth-degree theft. According to New Jersey sentencing guidelines, first-time offenders typically receive probation and community service rather than incarceration. Prison is mandatory for first and second-degree crimes, but judges have discretion for third and fourth degree. Most first-time theft offenders get probation, community service (minimum ten days), fines, restitution. That probably sounds reassuring.

But the conviction on your record follows you everywhere for years after you complete probation. Job applications ask: “Have you ever been convicted of a crime?” You check yes. Employers who might have hired you reject you once they see theft conviction. It doesn’t matter that you only got probation, that it happened five years ago, that you paid full restitution. Theft conviction signals dishonesty. Employers in finance, retail, healthcare – any field involving money or trust – won’t take the risk. Landlords run background checks on rental applications. When they see theft conviction, they rent to someone else. Banks review criminal history for mortgages or car loans. Theft conviction makes you high-risk; they deny the application or charge higher interest rates. Professional licensing boards – lawyers, accountants, real estate agents, teachers, healthcare workers – often deny or revoke licenses based on theft convictions. The conviction becomes a permanent barrier to certain careers. If you’re not a U.S. citizen, theft convictions can trigger deportation proceedings depending on degree and immigration status. The conviction record inflicts more damage than any jail sentence.

PTI Changes Everything

Pretrial Intervention is your best outcome if eligible. PTI is New Jersey’s program for first-time offenders with no prior record. If accepted, you complete conditions – usually six months to a year of probation, community service, restitution. When you successfully complete PTI, charges get dismissed. No conviction. No criminal record. Nothing shows up on background checks except the arrest itself, and even that can sometimes be expunged later.

This is why avoiding conviction entirely through PTI matters more than avoiding jail time. If your attorney can get you into PTI, take it seriously. Complete every condition. Because if you fail PTI, the case proceeds to trial and you’ve lost your shot at avoiding conviction.

Plea Deals vs. Trial

Plea deals are what most defendants accept when PTI isn’t available. The prosecutor offers something: maybe downgrade from third to fourth degree, maybe probation recommendation, maybe concurrent sentences if you’re facing multiple charges. In exchange, you plead guilty. You get a conviction but you know the outcome upfront and avoid trial risk.

Trial is the option most lawyers discourage because it’s risky. Prosecutors charge high, offer reasonable-sounding pleas, and defendants fear that if they go to trial and lose, the judge will sentence more harshly. That fear is rational – judges sometimes impose harsher sentences after trial. It’s called the “trial penalty.” But here’s the contrarian position: if evidence is weak, if alleged value is disputed, if police violated your constitutional rights during arrest or search, if witnesses are unreliable – exercising your right to trial isn’t reckless. It’s constitutional. Prosecutors must prove every element of theft beyond reasonable doubt, including value of allegedly stolen property. When they claim you took $501 worth of merchandise but evidence is shaky, your attorney can challenge it. Make them prove it.

Todd Spodek defended Anna Delvey when media had already convicted her – because everyone deserves vigorous advocacy, especially when the system has stacked the deck against them. That same philosophy applies here. You’re not required to make prosecutors’ jobs easier by accepting the first plea offer. At Spodek Law Group, we’ve handled theft cases throughout Bergen County – from Paramus shoplifting charges to high-value burglary prosecutions in Hackensack. We know the prosecutors, we know the judges, we know what outcomes are realistic. If PTI is possible, we push for it. If evidence is weak, we’re prepared to go to trial. If a plea deal makes sense, we negotiate the best terms available. We’re available 24/7 at 212-300-5196 because we understand that when you’re facing charges like this, your future is on the line. Your next move matters.