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Shoplifting often seems like a petty crime for which the punishments can be minor, but that is not always the case. For instance, someone walking into a retail store and trying to walk out with an item they have not paid for can get a ticket citing an ordinance violation. Still, they can also get arrested and charged with a criminal offense instead. The risks do not outweigh the rewards. Retail theft is a serious crime in Illinois and the law imposes harsh penalties on anyone caught stealing from any store. Anyone charged with retail theft for the first time will likely be surprised at how easily this offense becomes a felony.
If charged with a local ordinance violation, you will be prosecuted in a local branch court, depending on your county. For example, if you are given a citation in Lake County, Illinois, you will likely have court in one of the branch courts in Park City, Mundelein, or Round Lake Beach. If you are in Dupage County, you will be in Addison, Glendale Heights, or Downers Grove. In Cook County, local ordinance violations can be handled in the suburban courthouses in Rolling Meadows, Bridgeview, Maywood, Markham, and Skokie.
Retail theft laws in Illinois are outlined in 720 ILCS 5/16-25. The statute mentions many different ways, such as:
The penalties for retail theft are severe. If the value of the items was $300 or less, then the offense is a Class A misdemeanor. The possible sentence includes up to one year in jail and a fine of $2,500. A conviction for this offense cannot be expunged or sealed. If the total value of the stolen merchandise was greater than $300, then the defendant can be charged with a Class 3 felony. This type of felony has a sentence of 2-5 years in the Illinois Department of Corrections and a fine of $25,000. Generally, a felony conviction cannot be expunged or sealed. On January 1, 2011, retail theft laws in Illinois changed, so it is a misdemeanor if the value is $300 or less. This was a major change in the law, considering that prices kept increasing and many first-time offenders were eligible for a felony. If the defendant has a prior offense of retail theft or any theft-related offense such as robbery, armed robbery, residential burglary, possession of burglary tools, or home invasion, the offense is automatically a Class 4 felony.
To sum up, many retail theft charges are small-scale and are usually charged as a Class A misdemeanor, which is punishable by up to 364 days in jail.
In every theft case, intent is a major consideration. If you did not intend to steal the property, it is very difficult for you to be convicted of theft. The statute requires that you take the merchandise intending to retain it or deprive the merchant of possession. With every client Sami serves, he looks for ways to show that you had no intent to steal the property. Some people accused of theft have become distracted and did not realize they still carry merchandise. Sometimes, people will pay for an entire cart of groceries, forgetting they have a 24-pack of water bottles at the bottom. Others received emergency phone calls and rushed out before returning the merchandise. When you hire Sami, he will take the time to learn everything possible about the alleged theft and use the information you provide to build a strong defense on your behalf. In every situation, he works to keep a conviction off your record above all else. If the prosecution has a compelling case, he will use his negotiating experience to reach an agreement that minimizes the impact on your rights and future.
Misdemeanor charges and ordinance violations are easily disposed of through either Court Supervision or pretrial diversion programs, also known as deferred prosecution, to certain individuals accused of first-time or low-level crimes as an alternative to entering a plea of guilty to a criminal charge. Those eligible for diversion must fulfill certain requirements like performing community service and making restitution. Upon completing a diversion or deferred prosecution program, the charges will be dismissed, and an expungement of the arrest is possible.
If charged with a felony, a deferred prosecution is still possible, depending on the individual’s background. It will be at the prosecutor’s discretion whether to offer the deferred prosecution program since it results in the dismissal of the charges.
In addition to any criminal penalties, an individual charged with retail theft can be held liable in a civil suit for damages up to $1,000, attorney’s fees, and court costs. They are liable even if they are found not guilty in the criminal case or the charges are dismissed. This is because the burden of proof in a criminal case is significantly higher than in a civil case. The retailer will often send a letter to the individual threatening a lawsuit that could cost them thousands of dollars but will settle for around $300. Individuals charged with retail theft and who receive these threatening letters should consult with a qualified attorney immediately after facing a charge of retail theft.
Contact Sami Azhari today to discuss your retail theft crime case and learn more about what he can do to help you. If you want to reach Sami quickly and directly, please call his cell phone 24/7 at (312) 626-2871 or (847) 255-2100. The consultation is free. For your convenience, weekend appointments are available.
Sami takes the time to learn about the specific facts and circumstances surrounding each case. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result.
– Michael S.Sami is an excellent advocate, and really fights for his clients. He is an absolute professional. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney.
– David S.
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