You might scoff at the idea that someone could “accidentally shoplift” – until you mistakenly do it yourself. Maybe you had a lot on your mind while you were shopping and simply forgot to go through the checkout line. Or maybe you were shopping with your kids and failed to notice the youngest slipping a small item into your pocket or purse. Whatever the case, you may now find yourself facing retail theft charges over an honest mistake.

Although accidental shoplifting is certainly less common than intentional shoplifting, it can happen. One 72-year-old woman from San Antonio recently faced criminal charges after dropping four embroidered letters, valued at $1.29 each, into her purse at Hobby Lobby because they kept falling out of her shopping cart. Mary Ruth Monckton, who says that she is beginning to experience dementia and sometimes has trouble remembering things, ultimately pled no contest to a misdemeanor theft charge, paid a $260 fine, and went through three months of probation.

While Ms. Monckton may have pled guilty to retail theft simply to avoid the hassle of fighting the charge, it’s absurd that someone should face such a disproportionate penalty for mistakenly walking out of store with just of $5 worth of merchandise. If you are in a similar situation in which you honestly just forgot to pay for merchandise that you were carrying, you should work with a retail theft lawyer to get the charge dropped. While the fine you face might just seem like an inconvenience, a criminal record is serious—even if the charge is a misdemeanor—and can affect everything from your ability to find a job to your ability to pursue higher education.

You Accidentally Took Something without Paying: Now What?

If you unintentionally took something from an Illinois store without paying and the retailer is pressing charges, don’t panic. Retail theft laws in Illinois clearly state that you have to have knowingly taken merchandise without paying in order for it to be considered a crime. Keep in mind that you are innocent, but that you also need to take the charge against you seriously and prove that the incident was a simple mistake.

You’ll need to work with a retail theft attorney to prove that you had no intent to steal. Factors that could work in your favor might include you paying for other more expensive items on your way out of the store, a witness seeing something like an item accidentally falling into your bag or a child sneaking a small item onto your person, and no previous criminal activities on your record. In some cases, there may even be security footage that proves you did not know you were taking something without paying, although it can sometimes be hard to tell what theft is intentional and what is unintentional simply by looking at video footage.

Even if you’re worried that the evidence against you looks damning and you think it will be hard to prove your innocence, you should still consult with an attorney. A good defense lawyer should be able to look closely at the details of your case and find any evidence that could work in your favor. Ideally, your attorney will be able to prove that the theft was not committed knowingly and criminal charges against you will be dropped.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.

Detroit Civil Rights Attorney Accused of Shoplifting

One of the most recent high-profile incidences of this alleged racial profiling in retail stores comes from Detroit, where civil rights attorney Portia Robertson was stopped by security and accused of stealing from Talbots. Ms. Robertson, who has worked in the Justice Department at the White House and is currently the head of Detroit’s Civil Rights and Ethics division, had gone to the clothing store to return several items that she’d bought online and also try on new things. Ms. Robertson says she informed a salesperson when she arrived that she had items in her bag to return, along with a receipt. However, after she left the fitting room, a police officer asked to look through her bag.

Ms. Robertson was able to show the police officer her receipt, and she was not charged with retail theft, but she was understandably upset about being stopped. While the store manager apologized and claimed that the officers had simply been doing a sweep during a busy time, Ms. Robertson claims there were only four other shoppers, and the police left without searching anyone else.

Macy’s, Barneys, and the NYPD Accused of Profiling Shoppers

Another story that made headlines last year came from New York, where the NYPD, Macy’s, and Barneys were all accused of racially profiling shoppers. Dozens of shoppers complained, and two filed lawsuits. Trayon Christian, a 19-year-old African-American man who filed a lawsuit against Barneys and the NYPD, says that he left the store after purchasing a $350 belt with his Chase debit card and was stopped a couple blocks away by police officers. According to him, they asked how he had been able to pay for the belt and held him at a police station for two hours under the suspicion that the debit card was a fake. Christian’s case was not an isolated incident: 21-year-old Kayla Phillips filed a separate lawsuit, saying that she was “stopped, frisked, searched, and detained” by police in Barneys after she used her tax refund to purchase an expensive purse.

While the cases described above are the ones that have gotten the most attention recently, the issue of racial profiling in stores is not new. In 2005, investigators discovered that Macy’s was disproportionately stopping black and Hispanic shoppers on suspicion of retail theft. Meanwhile, research has shown that 86% of black shoppers feel they are treated differently based on their race when they enter a retail store.

Know Your Rights if Stopped by Store Security

It’s an unfortunate reality that racial profiling still takes place in retail stores. Studies have shown that black and Hispanic shoppers are no more likely than white shoppers to steal, and experts have cautioned that behavioral cues are more indicative of retail theft than race, yet many store managers and security officers still seem to have an ingrained belief that people of color are more likely to commit retail theft.

If you find yourself stopped by store security or a police officer and accused of retail theft, it’s important that you know your rights. Here are a few things you can do:

Show your receipt. Always hold onto your receipt after making a purchase, and show it to any security or police officer who stops you.

Carry identification. If you’re paying with a credit card, it’s especially important that you have a driver’s license or other form of identification with you.

Be cooperative. It’s understandable to get upset if you’re stopped by a police officer when you haven’t done anything wrong, but don’t yell, argue, or cause a scene—otherwise, you risk being charged with disorderly conduct.

Ask why you were stopped. While you should be cooperative, you also have every right to ask why the store security or police officer stopped you.

File a complaint with the city police department. If you believe that you were stopped without reasonable cause, get the names of the officers who stopped you and file a complaint with the city’s police department. The best way to stop future incidences of racial profiling is to call attention to the problem.

If you are arrested because a store or police officer accuses you of retail theft, or if you are arrested for disorderly conduct or a similar misdemeanor for arguing about the accusation, contact a skilled defense attorney as soon as possible. Don’t let a crime for which you are wrongfully charged affect the rest of your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area for the Law Offices of Andrew Weisberg. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.

If you’re charged with shoplifting as a teenager, you may face worse consequences than just a slap on the wrist from the retailer and the wrath of your parents. In response to a rise in lost money from stolen merchandise, retailers in Illinois and across the country are taking an increasingly hard line with shoplifters of all ages, in some cases reducing the age to press charges from 18 to 16 and the “reasonable” period to wait for the parents before calling the police.

There’s plenty of evidence from the field of psychology indicating that, because teens’ brains aren’t fully developed, they have poorer impulse control and judgment than adults. Unfortunately, teens are increasingly facing adult consequences that can follow them for the rest of their life in retail theft cases. Here’s what teens and their parents should know about being charged with shoplifting.

Retailers Aren’t Sympathetic to Alleged Shoplifters

The excuse “kids will be kids” just isn’t flying anymore because retailers have too much at stake. According to the National Association for Shoplifting Prevention, retailers across the country lose $13 billion a year to shoplifting. While it seems like it would make sense to only take a hard line with “professional” shoplifters who steal hundreds or thousands of dollars’ worth of merchandise, those shoplifters actually only account for about 10% of total dollar losses, leaving the opportunistic shoplifters (many of them teenagers) to account for the remaining 90%.

As a result, many retailers are punishing young shoplifters to the full extent of the law in order to make an example and deter future theft. In addition to pressing charges for people as young as 16, some major chains have also decreased the time their stores must wait for parents before calling the police from 90 minutes to one hour.

Penalties Depend on the Value of Stolen Merchandise

If the store does decide to press charges against a teenager, the exact charge the teen faces will depend on the value of the merchandise allegedly stolen. If the value of the merchandise was less than $150, the crime is typically classified as a Class A misdemeanor under Illinois state law. However, the crime goes up to a class 4 felony when the merchandise is valued at more than $150 or if the defendant has a prior theft conviction, and a class 2 felony if the retail value was over $150 and the person tried to sneak out through an emergency exit.

One thing that many teens do not realize is that if they were caught shoplifting with a group of friends, they can be charged for the total value of all merchandise stolen between the group. That means that, if one teen was peer-pressured into taking a $15 T-shirt, but their 6 friends had another $100 of merchandise between them, then the total value is set at $115, which will be factored in when determining a conviction.

Record of Shoplifting Arrest, Charge, or Conviction Can Follow You

More bad news for teenagers accused of shoplifting: the incident will go on your juvenile record even if you’re not convicted. You’ll still have an arrest record, which cannot be expunged (removed from public records) until you are at least 18. Although information about your juvenile record is generally kept private, educational institutions and potential employers can request the information, which may jeopardize your chances of getting into a good college or obtaining the job you want.

When you turn 18, you can file to expunge your juvenile record, as long as you weren’t convicted of a felony. However, your juvenile record will still be visible if you apply to work for certain government organizations, including the Department of Corrections, the military, and law enforcement agencies.

Teens: Don’t Let a Retail Theft Arrest Influence the Rest of Your Life

For teens, shoplifting is often a spur-of-the-moment decision, made because of peer pressure or other stressors. Most teenagers who shoplift do not commit other types of crimes, and many regret their decision to steal. Retail theft shouldn’t be an act that defines the rest of a teenager’s life, but it’s unfortunately something that will follow a person if they’re convicted.

If you’re arrested for shoplifting and the store insists on pressing charges, you and you parents should contact a retail theft lawyer as soon as possible. A good defense attorney will look at mitigating factors and help you prove that your actions don’t warrant a conviction.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area for the Law Offices of Andrew Weisberg. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.