For starters, a second offense involving property under $300 is upgraded from a Class A Misdemeanor to a Class 4 felony if you have a prior conviction. While the misdemeanor is punishable by up to one year in prison, the felony could net you 1 to 3 years. (Offenses over $300 are Class 3 felonies for first or greater offenses, punishable by 2 to 5 years.)

The timing and disposition of your first offense could mean big trouble for your second. Did you receive supervision for the first offense or was your case dismissed? If supervision, then your second offense could land you a conviction. While a supervision may be cleared or expunged from your record entirely, a conviction may at best be sealed. As a crime of honesty, a retail theft can make you undesirable to employers.

If you were still serving a sentence or term of supervision on your first offense, a second offense could become a violation of that sentence. Now you can be resentenced on the first offense, charged separately for the violation, and still have to deal with the new charges. If you were not yet sentenced on the first offense, you may have violated the conditions of your bond.

Even if you are charged with a repeat retail theft, all is not hopeless. Contact an experienced criminal law attorney to review your case for the best possible defense. Retail theft is a crime of intent. The state must prove that you meant to keep the merchandise permanently. Maybe you were distracted by your children or just forgot the item was in your cart. Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to work out a more favorable plea agreement than you could on your own. Do not talk about your case to third parties, particularly the police. What you think is a rational explanation may give the prosecutor the evidence he or she needs to convict you.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

The retail theft statute can be found at Illinois Retail Theft Law.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post RETAIL THEFT: SECOND OFFENSE AND BEYOND appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

What are the rules and what can you do?

When you are charged with an offense, the Court can release you on your own recognizance or in exchange for paying a bond. Either way, the Court imposes certain conditions on your bond. You must appear at all court dates, you cannot break any criminal laws, and you cannot leave the state without court permission. Sometimes, the Court requires you to turn in all weapons along with your Firearm Owner’s Identification Card. Sometimes you must submit to a psychological evaluation or undergo treatment. You may be restrained from contacting certain people or appearing at certain places. You may not be allowed to drink or take drugs.

If you break a condition of your bond, you can be held in jail until your case is over. For example, if you miss a court date, the court can issue a bond forfeiture/warrant, meaning any money you paid is forfeit to the court and if you are picked up, you can be placed in jail. Another problem is if you have to leave the state either for a family emergency or to attend school or simply to take a vacation.

But the good news is there may be a solution. If you need to leave the state for any reason, an experienced criminal law attorney can petition the court to grant you permission to make your trip. If you inadvertently miss a court date, an attorney can ask the court to vacate the warrant against you so that you can remain free pending the resolution of your case. If you committed another crime, the State may petition to violate you on your bond. An attorney can help defend the underlying violation.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source: 725 ILCS 110-10

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post “CAN I LEAVE THE STATE?” AND OTHER BOND VIOLATIONS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.