what to expect in will county il court for retail theft with no lawyer or defender

Illinois law allows merchants who are victims of retail theft to sue the offender in civil court, and if the offender is a minor his or her parent/guardian is liable. Retailers are able to recover damages for the following: Actual damages equal to the full retail value of the merchandise;

Full Answer

What is retail theft in Illinois?

In Illinois, retail theft is when a person knowingly takes any amount of merchandise from a retail establishment with the intent to permanently deprive that retail establishment of the permeant use of that merchandise, without paying for it. You will be charged with a misdemeanor retail theft if the amount that you stole is less than $300.

What happens if you are charged with retail theft?

You will be charged with a misdemeanor retail theft if the amount that you stole is less than $300. Retail theft is a class A misdemeanor that carries the potential punishment of up to 364 days in jail and a maximum fine of $2500.

Do I need a lawyer for retail theft?

If you got caught stealing and you were arrested, the police officer will assign you a court date. You may be wondering if you need a retail theft lawyer to help you defend the charges. The short answer is that you most likely will need a lawyer.

What is the punishment for petty theft in Illinois?

Petty theft is a class A misdemeanor that carries the potential punishment of up to 364 days in jail and a maximum fine of $2500. What Is Considered Felony Theft Or Larceny In Illinois?

What is the penalty for theft in Illinois?

The misdemeanor offense of retail theft is a Class A misdemeanor, with a potential penalty of up to 364 days in jail and a maximum fine of $2,500. The defendant would be eligible for supervision, which is not a conviction and can be expunged.

Is retail theft a felony in Illinois?

Shoplifting retail items valued at $300 or less with a prior conviction or using an emergency exit to commit retail theft is a Class 4 felony, which is punishable by fines up to $25,000 and/or 1-3 years of imprisonment.

How much theft is a felony in Illinois?

exceeding $100,000 in value is a Class 2 felony. exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property. exceeding $500,000 in value is a Class 1 felony.

How much do you have to steal to go to jail in Illinois?

The following is a breakdown of the theft crime penalties in Illinois: Class A misdemeanor theft – The theft of property worth a maximum of $500 and not stolen from a person is a Class A misdemeanor, which carries a jail sentence of up to less than one year and a maximum fine of $2,500.

Can retail theft be expunged in Illinois?

Can you Expunge or Seal a Retail Theft Case? Misdemeanor Retail theft cases can be expunged or sealed. Even felony retail theft cases can be expunged if you receive the right type of probation or disposition of your case.

What is retail theft in Illinois?

In the State of Illinois, a shoplifting or other retail theft charge can become a felony under many different circumstances, with very low relative value. Retail theft is the act of taking something from a retail establishment without tendering the proper payment for it.

What is the statute of limitations on theft in Illinois?

Theft of amounts greater than $500, robbery, and burglary are chargeable as felonies, typically with a statute of limitations of three years. Certain specific crimes have a longer statute of limitations. Forgery has no time limit. Theft of property exceeding $100,000 has a statute of limitations of seven years.

Is shoplifting a felony in Illinois?

Shoplifting can be charged as a misdemeanor or a felony, depending on the total value of the stolen merchandise. The penalties for retail theft in Illinois were adjusted as of January 1, 2011. When the merchandise has a total value under $300.00, the charge is filed as a Class A Misdemeanor.

What is a Class 3 felony in Illinois?

Class 3 Felony in Illinois, First Offense: Will You Go to Jail?Aggravated batteryForgeryPerjuryAggravated stalkingTheft under $500Growing more than 20 but fewer than 50 cannabis plantsUnlawful use or possession of weapons by a felonCriminal damage to government supported property between $500 and $10,0001 more row•Sep 10, 2019

Is theft a felony or misdemeanor?

The distinction between whether theft is a misdemeanor or a felony is dependent on the value of the cash or property stolen. Many states classify theft of up to $500 as a misdemeanor and theft of larger amounts as a felony. If convicted of a misdemeanor, possible jail time can include one year behind bars.

What is petty theft in Illinois?

In Illinois, petty theft is when you knowingly steal or obtain control over the property with the intent to permanently deprive the owner of that property. You will be charged with petty theft if the amount you stole does not exceed $500.

Is shoplifting a felony?

Shoplifting Can Be a Misdemeanor or Felony If the shoplifting was done to “promote, further, or assist any criminal street gang,” it's a class 5 felony. Shoplifting property with a value of $1,000 to $2,000 is a class 6 felony. If you shoplift a firearm, it is generally a class 6 felony, regardless of value.

Defining Theft Under Illinois Law

In plan English, under Illinois law the crime of theft occurs any time someone's actions result in the unauthorized taking of property or services,...

Classifying Theft Offenses in Illinois

For the most part, Illinois criminal statutes classify theft offenses according to the dollar value of the property or services taken -- and someti...

Other Felony Theft Offenses Under Illinois Law

Theft offenses involving property valued at more $10,000 raise potential issues that are too complex to cover here. Basically, as the dollar value...

Civil Penalties For Theft in Illinois

In addition to criminal penalties, a person who commits retail theft (or the parent or legal guardian of a minor who commits retail theft) is civil...

How much is retail theft?

Retail theft is a class A misdemeanor that carries the potential punishment of up to 364 days in jail and a maximum fine of $2500.

What is the difference between theft and retail theft?

The main difference between theft and retail theft is who you are stealing from and the amount you are stealing. If you are caught stealing from a retail establishment then you will be charged with shoplifting or retail theft. If you are caught stealing from a private person or anyone other than a retail establishment then you have committed theft.

What is petty theft in Illinois?

In Illinois, petty theft is when you knowingly steal or obtain control over the property with the intent to permanently deprive the owner of that property. You will be charged with petty theft if the amount you stole does not exceed $500.

What is a class 4 felony in Illinois?

If you have a prior theft conviction in Illinois than any amount of money under $300 will still be a class 4 felony. You could steal a pack of gum and if you have a prior theft conviction then you will be charged with a class 4 felony. A class 4 felony is punishable by 1 to 3 years in prison with a maximum fine of $25,000 and any amount ...

What happens if you get caught stealing?

If you got caught stealing and you were arrested, the police officer will assign you a court date. You may be wondering if you need a retail theft lawyer to help you defend the charges. The short answer is that you most likely will need a lawyer.

Is $300 a felony in Illinois?

If you are charged with retail theft, any amount over $300 is a felony in Illinois. If you are charged with theft, any amount over $500 is a felony in Illinois. If you are wondering, “What is the difference between shoplifting and retail theft?”. There is effectively no difference between them in Illinois, they are the exact same charges.

Is theft a similar crime in Illinois?

Theft and retail theft laws are very similar however, there are subtle differences between them. If you have been charged with retail theft or theft in Illinois, there are many very important variances about the law that your criminal defense lawyer should know about the charges against you. On this page.

What happens if you have a criminal record for theft?

If charges have been filed against you, then you should consider hiring a criminal defense attorney. Without one , you will be under-represented and most likely will not get the best possible outcome in your case. You owe it to yourself to at least go out and get a case evaluation. Most criminal attorneys offer free consultations so there is no reason not to.

What does a civil demand letter say about shoplifting?

These letters often say that a “fine” must be paid, however, retailers cannot levy fines against a person ; only a court can do that. It is possible for the retailers to take you to court but usually the cost to the company is not equal to the cost of the item stolen.

Can a criminal lawyer help you with retail theft?

Being charged with retail theft can potentially have a devastating affect on one’s life, but hiring an experienced criminal lawyer can help protect you from serious legal consequences. Although the results of each case are largely based off of the individual situation, there may be other options available to those charged with retail theft.

Can you be arrested for retail theft?

Being arrested for retail theft is not something that should be taken lightly, as there can be severe penalties, but with the help of an experienced defense attorney it is possible that charges can be lessened or potentially dropped.

Can a retailer sue a minor in Illinois?

Criminal punishment isn’t the only option retailers can pursue ; there is also the chance they will file a civil suit. Illinois law allows merchants who are victims of retail theft to sue the offender in civil court, and if the offender is a minor his or her parent/guardian is liable. Retailers are able to recover damages for the following:

What is theft in Illinois?

Illinois' Definition of Theft. Under Illinois law, a person commits theft by: knowingly taking or obtaining control over another's property. without authorization (including using threats, using deception, or knowing it's stolen), and. with intent to permanently deprive the owner of their property.

What is retail theft?

A person commits retail theft by doing any of the following, with intent to steal or pay less than full retail price for the merchandise: takes possession of or carries away merchandise. alters, removes, or switches price tags or other price markings. transfers merchandise from one container to another.

What is a class 2 felony for stealing property?

A person also commits a Class 2 felony by stealing property or services valued between $100,000 and $1,000,000.

What is the classification of theft in Illinois?

Illinois criminal statutes classify theft offenses according to the value of the property or services stolen, as well as the circumstances involved in the theft.

How much time is a Class 4 felony?

Punishment for a Class 4 felony is typically a sentence of one to three years' prison time, a fine not to exceed $25,000, and payment of restitution for losses associated with the theft.

How long is a Class 2 felony?

valued at $5,000 and taken from a victim age 60 or older. A Class 2 felony conviction generally carries a sentence of imprisonment ranging from three to seven years in prison and a fine up to $25,000, plus payment of restitution for losses associated with the theft.

What to do if you are charged with theft?

If you are charged with any type of theft, speak to a criminal defense attorney as soon as possible. An attorney can help you navigate the criminal justice system and protect your rights.

What Is Considered Retail Theft?

While shoplifting will often involve pocketing merchandise and leaving a store without paying for these items, retail theft can take a variety of other forms. According to Illinois law, retail theft can also include:

Contact an Aurora Retail Theft Defense Lawyer

If you have been accused of committing retail theft, you will want to take steps to protect your rights and defend against these charges. At the Law Offices of Brian J.

Retail Theft Defense Strategies

The decision to press charges is up to the store operator where the alleged incident took place. Some will show leniency if the merchandise is returned, while others will seek prosecution. If the case does go to court, an experienced criminal defense attorney can investigate the facts of your case to build an effective defense. This may include:

Contact a Joliet, IL Retail Theft Lawyer

If you have been charged with shoplifting, the Law Offices of Tedone and Morton, P.C. can help achieve the best possible outcome in your case. Contact a Will County shoplifting defense attorney at 815-666-1285 for your free consultation.

Illinois Retail Theft Law

In Illinois, the cutoff between misdemeanor and felony retail theft charges is a mere $300. A first-time retail theft conviction involving $300 or less is a Class A misdemeanor, while a first-time conviction involving more than $300 is a Class 4 felony. To put that number into perspective:

Avoiding a Conviction

If you have been convicted for felony retail theft, the court has little leeway to show you mercy. A Class 4 felony conviction in Illinois requires a minimum prison sentence of one year and a maximum of three years.

Contact a Wheaton, Illinois, Criminal Defense Lawyer

In order to effectively defend yourself against a retail theft charge, you need the help of a skilled DuPage County criminal defense attorney. Stephen A. Brundage, Attorney at Law, has more than 30 years of experience in helping people accused of retail theft avoid imprisonment.

Cook County Laws and New Statewide Bills

Since 2016, the Cook County State’s Attorney, Kim Foxx, has deemed any retail thefts under $1,000 in value to be a misdemeanor, not a felony charge.

Contact a Joliet, IL Criminal Defense Attorney

The new Illinois bill mentioned above has the potential to alter the nature of retail theft charges soon. Regardless of whether this new legislation is passed, experienced legal guidance is a necessity if you have been accused of retail theft.