The Least You Should Know if Arrested for Shoplifting in Illinois
As a Chicago criminal defense lawyer, I have helped hundreds of people accused of shoplifting in Chicago and the surrounding areas. While the Illinois shoplifting law found in 720 ILCS 5/16A-3 is the official definition, the typical shoplifting case is simply taking something without paying for it. One of the most interesting things about retail theft accusations in Illinois is that they touch people of all backgrounds: professionals, career criminals, teenagers, and even senior citizens who have gone their whole life without ever being arrested. This, combined with the fact that Illinois has particularly harsh laws when it comes to shoplifting, means that it is important to know the lay of the land before you go to court.
The first thing you need to figure out is whether your case is a felony or misdemeanor. Check the value of the items allegedly stolen. If the value of the item is $300 or less, you are probably facing a misdemeanor punishable by up to a year in jail and a fine of up to $2500. If the value of the item is more than $300, you may be facing a class 4 felony punishable by 1-3 years in jail and a fine of up to $25,000. These amounts reflect the new Illinois shoplifting law as of January 1, 2011. The increase in the amount required to charge a defendant with felony retail theft to $300 is a wise change because it takes into account the rising prices of goods and also because it means that more people will face misdemeanor rather than felony retail theft. Note that even if the value of the item allegedly stolen is below $300, you can still be charged with felony retail theft if, for example, the theft was through an emergency exit, or you have previously been convicted of theft.
Convictions for retail theft cannot be expunged from your permanent record. Supervision, which involves you pleading guilty in exchange for no conviction on your record, can be expunged, but only after five years have passed from the completion of your supervision. If you plan on applying to a new job, school, or for a professional license, waiting more than five years to get a shoplifting case off your record can significantly alter the course and quality of your life.
The only way to immediately file a petition to expunge a shoplifting charge from your record is to either (a) obtain a not guilty at trial or (b) negotiate a deferred prosecution with the government. These are attainable goals; although every situation is different, almost every case has its strong points that can be used to protect your record from shoplifting charges.
Finally, expect letters in the mail from law firms demanding payment of civil penalties. Under Illinois law, the store is entitled to collect up to $1000 plus the value of the goods. The strategy for handling these civil demands is best discussed in person. For now, know that paying the demand will not make the criminal shoplifting charges go away.
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