Shoplifting - Law Offices of Andrew M. Weisberg

You’ve Been Accused of Shoplifting in IL — How Do You Respond?

Law Offices of Andrew M. Weisberg — Thu, 01 Jul 2021 16:23:42 GMT

Being accused of a crime like shoplifting in Illinois can be jarring. But once you’re over the initial shock, what do you do? Do you run from the store? Do you comply and answer all of their questions? Do you demand the store to call the police so you can clear your name?

Each person may respond differently to a shoplifting accusation, both in good and bad ways. But it’s important for every person to understand what their rights are in this situation. It helps to know what you can do at that moment to help reduce the trouble for yourself later.

Here’s what you need to know about your rights if accused of shoplifting and the steps you should take in the aftermath.

Your Rights if Accused

If a security guard or worker approaches you in a store and accuses you of shoplifting, there are a few important things to know.

First and foremost, the employees of the store do have the right to stop you, and they can do so before you leave the store. In fact, under the law in Illinois, store employees are allowed to detain you if they believe on reasonable grounds that you have shoplifted.

However, the store can only detain you for a necessary length of time and in an appropriate manner. This means they can stop you long enough to:

Ask for identification
Ask if you are in possession of unpurchased merchandise
Contact the police and wait for their arrival
Contact the parents of the accused, if they’re a minor

If a security guard detains you, they are not required to read you your rights before questioning you. If a minor is suspected, the store does not have to wait for their parents to question them, either.

Of course, you always have the right to remain silent, whether those rights are read to you or not. An attorney would suggest you not speak to police or security without a lawyer present.

What Happens if You’re Accused of Shoplifting?

Several actions can take place if a store employee stops you and accuses you of shoplifting. They can call the police and have charges pressed against you.. They can sue you in civil court for the value of the merchandise. They can also prohibit you from returning to the store.

What Are the Legal Consequences of Shoplifting

If you are accused of shoplifting and eventually found guilty, you can face penalties. The penalty depends on the value of the items for which you were convicted of shoplifting.

Class A misdemeanors start at items valued at $300. That conviction can put you in jail for up to one year. As the value of the items stolen increased, so do the penalties. This goes all the way up to a Class 2 felony, which can send you to jail for as many as seven years.

Being accused of shoplifting is serious, which is why it’s vital to understand your rights in this situation. Remember, you never have to answer questions, even for police, without a lawyer present.

It may be better to not say anything at all until you’ve been advised by an attorney. This is the biggest piece of advice to keep in mind.

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 domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Theft, Shoplifting, and the Two Felony Thresholds in Illinois

Law Offices of Andrew M. Weisberg — Mon, 06 May 2019 15:21:03 GMT

Petty theft and shoplifting are some of the most common criminal offenses. Because of this, you might think that the penalties would be minor.

However, a theft or shoplifting charge is actually quite serious – especially in Illinois.

Theft and shoplifting are penalized based on the value of goods allegedly stolen. Both offenses can be prosecuted as either a misdemeanor or a felony, with felony-level offenses having much more severe consequences. A felony-level offense is almost always punishable by jail time, is associated with hefty fines, and carries the long-term consequences of being a convicted felon – even after your sentence is complete.

This is particularly unfortunate in our state due to our felony theft thresholds. Here, most types of theft become a felony when the value of stolen goods is $500 or more. This is already one of the lowest felony thresholds in the nation. However, the threshold for shoplifting is even lower.

How low? Try $300.

This means that it’s very important to understand the laws surrounding theft and shoplifting in Illinois. Therefore, we’ve provided a guide covering how the law defines theft and shoplifting, and the sentencing and penalties you can expect for both offenses.

How Illinois Law Defines Theft and Shoplifting

Simply put, Illinois law defines the crime of theft as the unauthorized taking of property or services along with the requisite intent of the crime.

A more complex and exacting definition of theft is provided in the Illinois criminal statutes, which define theft as knowingly:

Taking unauthorized control over the property of another party
Obtaining control over another party’s property by threat or deception
Obtaining stolen property, either knowingly or under circumstances that should lead to reasonable belief that the property is stolen

Shoplifting occurs when the victim is a retailer. Unlike other states that incorporate shoplifting under general theft statutes, Illinois has specific laws for retail theft.

Additionally, our state defines shoplifting very broadly to encompass other acts intended to deprive the merchant of an item’s full value. For example, price switching.

In fact, in Illinois, doing any of the following things intentionally is considered shoplifting:

Taking, possessing, or carrying away any retail merchandise
Altering, transferring, or removing labels or price tags
Transferring merchandise from one package to another
Under-ringing merchandise
Misrepresenting the defendant’s ownership of property to a merchant
Using or possessing a device to shield theft protection

Additionally, Illinois recognizes the separate crime of theft by emergency exit. While which exit someone uses during retail theft may seem trivial, it could actually mean the difference between a misdemeanor and a felony, and lead to a more severe sentence if you are convicted.

Theft Sentencing and Penalties in Illinois

Theft is sentenced and penalized based on the value of the allegedly stolen property in question. Additionally, certain circumstances of the offense itself can lead to enhanced sentencing.

Generally, Illinois classifies theft as follows:

Class A Misdemeanor Theft: Theft of property valued $500 or less, so long as the property is not taken directly from the victim’s person. This is punishable by imprisonment for less than one year and up to $2,500 in fines. Further, if you are a first-time offender, probation and diversion programs are likely options.
Class 4 Felony Theft: Theft of property valued $500 or less committed at a school, governmental property, or place of worship, or committed by a previous theft offender. This is punishable by 1-3 years in prison and up to $25,000 in fines.
Class 3 Felony Theft: Theft of property valued $500 or less directly from the victim’s person, or theft of property other than from the owner’s person valued at $500-$10,000. This is punishable by 2-25 years in prison and up to $25,000 in fines.
Class 2 Felony Theft: Theft of property valued at $10,000-$100,000. This is punishable by 4-15 years in prison and up to $25,000 in fines.
Class 1 Felony Theft: Theft of property valued at $100,000-$500,000. This is punishable by 4-15 years in prison and up to $25,000 in fines.

Shoplifting Sentencing and Penalties in Illinois

Shoplifting is also sentenced and penalized based on the value of merchandise taken, with enhanced sentencing if certain elements are present.

In Illinois, shoplifting is classified as follows:

Class A Misdemeanor: Theft of merchandise valued under $300, punishable by under one year in prison and fines of up to $2,500. Diversion programs and probation are often available to first-time offenders.
Class 4 Felony: Theft of merchandise valued under $300 by a prior shoplifting offender, or using an emergency exit. This is punishable by 1-3 years in prison and fines up to $25,000.
Class 3 Felony: Theft of merchandise valued over $300. This is punishable by 2-5 years in prison and fines up to $25,000.
Class 2 Felony: Theft of property valued over $300 using an emergency exit. This is punishable by 3-7 years in prison and fines up to $25,000.

Fair?

Maybe. Maybe not – but it’s the law we have to live with right now. That’s why it’s particularly important to understand theft and shoplifting laws in our state, and to proactively fight back to beat any charges against you.

How to Defend Someone Who Has Admitted Guilt

Law Offices of Andrew M. Weisberg — Tue, 09 Dec 2014 01:40:07 GMT

Picture this: It’s a chilly winter’s evening in Chicago, and Michigan Ave. is aglow with Christmas lights and bright storefront windows. Snowflakes melt on the ruddy cheeks of shoppers as they bustle down the street with their arms full of bags, laughing as they make their way to the CTA station.

Everything’s peaceful and serene until suddenly—a siren goes off, and someone darts out of a high-end store holding an expensive necklace. Unfortunately for this person—let’s call him “Frank”—there’s heightened security around Michigan Ave this time of year, and a couple of cops are able to stop him immediately.

“Yes, I took the necklace from the store,” Frank admits when the cops question him.

Sounds like that’s it for Frank—he’ll be found guilty of shoplifting in a court of law. Right?

Not necessarily. Even though Frank admitted to taking the necklace, there are many ways an experienced lawyer could argue his innocence. For instance, Frank could have intended to return the necklace immediately. Frank could have misunderstood an employee and thought they wanted him to have the necklace. Frank could have been distracted by other things and walked out of the store with the necklace, thereby shoplifting accidently. Frank could have been threatened with harm by someone else if he didn’t take the necklace. Frank could be mentally handicapped to a point that he should not be held accountable for taking the necklace. These are just some of the many ways a lawyer could protect Frank after he confessed his guilt.

The goal of any good criminal attorney is to get their defendant’s charges reduced or dropped. Even if evidence and your own admission indicates your guilt, you have many options for creating a strong defense with the help of an experienced lawyer. Here are some criminal defense strategies a lawyer may use:

Beyond reasonable doubt. In order to be convicted, the prosecutor must show there is absolutely no reasonable doubt that you committed the crime. By raising even the smallest amount of reasonable doubt, a lawyer might be able to have your charges dropped.

Self-Defense. People have a right to protect themselves and their families from physical harm. If you are charged with a violent crime, a lawyer can argue that you were acting in self-defense. To prove this, the attorney must demonstrate reasonable belief of physical harm that necessitated self-defense, and that your response to the threat was reasonable.

Entrapment. This defense can work if you successfully prove that a police officer or other government authority forced you to commit a crime—such as buying drugs or hiring a prostitute. The government isn’t allowed to punish you for an illegal action they made you perform.

Insanity. To be convicted of a crime, you have to have intended to perform the illegal deed. If a mental illness kept you from fully understanding what you were doing, you can plead insanity—though this is often very difficult to prove. In most cases, a successful insanity plea will land you in a psychiatric institution rather than prison.

Under the Influence. If you were under the influence of drugs, you might be able to argue that you did not have the mental power to control your actions. While this is only a partial defense, it could have your charges reduced to a slightly less serious crime.

The truth. A skilled lawyer can help you tell the truth in such a way that it reflects better on your case. An effective story should be accurate, but include elements that will gain sympathy from the court and explain or justify your behavior.

Preparation. Being well-prepared for your case is an essential defense strategy that a knowledgeable lawyer can assist you with. By informing you of the facts, coaching you, and helping you practice for your trial, an attorney can help you prepare and present the best possible defense. Your lawyer can walk you through complex laws, so you are able to better understand the prosecution’s case and what kind of evidence you need to combat it. An attorney can prepare you with practice interviews, special assignments, and advice that will help you strengthen your case.

The bottom line? Even if you’ve already admitted guilt and the evidence points against you, you can have your charges reduced or dropped—but you need an expert criminal defense lawyer. Whether you have been charged with public indecency, burglary, criminal trespass, or any other crime, an experienced lawyer can help you ensure the best outcome of your case. Don’t put the future well-being, freedom, and reputation of you and your family at risk by attempting to navigate the complex judicial system alone. A smart attorney is a powerful and necessary ally as you fight to defend your rights and civil liberties.