For most crimes, this means the prosecutor must prove beyond a reasonable doubt all the elements of a crime, and that the defendant committed that crime. For example, if you committed a retail theft, the prosecution must prove that 1) you 2) knowingly 3) took possession of merchandise 4) from a retail store 5) with the intention of keeping it and 6) without paying.

Beyond a reasonable doubt does not mean beyond any doubt at all, it just means beyond all reasonable doubt. While this is a relatively high burden for the prosecution, the reality is that different judges and juries have very different ideas about what “beyond a reasonable doubt” really means. Some judges may find you guilty on the exact same facts that another judge might use to acquit you. That is why it is so important for your attorney to have some knowledge about the judges in a courthouse.

Some issues that arise in criminal court, however, do not require the stricter beyond a reasonable doubt standard of proof. If you are charged with open alcohol or another minor offense, the burden of proof may be the lower “preponderance of the evidence” standard, in which the prosecutor need only show it was more likely than not that you committed the crime.

If the defendant brings a motion to quash an arrest or suppress the evidence that police seized during an arrest, the defendant must prove that the police acted improperly under the lower preponderance of evidence standard.

A DUI requires the state to prove you were driving or had control of a vehicle while impaired beyond a reasonable doubt. However, a petition to challenge the Secretary of State’s automatic suspension of your driving privileges is a civil proceeding, even though it is conducted in the same criminal court as your DUI. You, the defendant, now have the burden of proving by preponderance of the evidence that there were no reasonable grounds for the arrest or that the officer did not read you the warnings to motorists.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the state cannot meet its burden of proof. An experience attorney can probe the weaknesses in the state’s case to help present your case in its most favorable light.

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

(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.)

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However, your case may not be hopeless. Here are six ways you may be able to defend your retail theft charge:

1) Can the store prove it was you? In one Illinois appellate case, the store was able to prove that the person in a driver’s license had committed the crime but could not prove that the defendant was the person in the driver’s license.

2) Did you take the items knowingly? Maybe you were shopping with a “friend” who handed you the merchandise, but you honestly believed your friend had already paid for the goods. Or maybe the item appeared to be a free sample.

3) Can they prove you took possession of the goods? Maybe the shoplifted items were found in your car or even your shopping cart, but can the State prove you put them there? Did someone else have access to the area where the items were found?

4) Were the items actually offered for sale by the store? Maybe the items the store accuses you of stealing actually came from somewhere else. In one Illinois Appellate case, a defendant was seen dragging aluminum three lots away from the store that accused him of stealing. Defendant’s conviction was reversed because a store employee merely guessed that the alumnimum must have belonged to the store.

5) Did you intend to take the items permanently? This should be the easiest defense to prove but can be the hardest. Often, a shopper is distracted and forgets something in their cart. But the fact you walked past the last pay station can be used to infer that you intended to take the item. However, you may be able to show the circumstances were such that you really didn’t mean to walk out with the watch or the baby formula.

6) When all else fails: You may qualify for a special deferment program that will result in getting your retail theft charges dismissed along with a chance to clear or expunge your record.

If you are charged with retail theft, contact an experienced criminal law attorney at once. Do not speak of your situation to the police or third parties. Any statements you make can be used in evidence against you and may rule out a potential defense. An experienced criminal law attorney can review your case for the best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a better plea agreement than you could on your own.

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.

(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.)

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Will paying the money demanded in the letter make your criminal case go away? Generally, the answer is no. In most cases, even if you pay, you have still committed a crime, and the retailer will still press charges.

If you have been charged with retail theft, do not talk about your case with third parties, especially not the police, the store or the firm demanding the civil damages. By attempting to explain your situation, you could be inadvertently admitting guilt.

If you are charged or think you may be charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to determine the best possible defense. Even if the evidence against you is overwhelming, an attorney, who is respected at the court house, may negotiate a better plea agreement than you can on your own.

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.

(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.)

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In Illinois, ignorance can be a defense where it applies to the element of intent. When charged with a crime, the state must prove you guilty of all elements of the crime beyond a reasonable doubt. Certain crimes require that you acted knowingly. Ignorance can help disprove that element of the offense.

For example, ignorance can be a defense where you returned home after a fight with your domestic partner without knowing that an order of protection forbidding you from entering the residence was now in effect. Or ignorance can be a defense to retail theft where you did not know that the cashier had placed an object in your bag.

The laws have become more complicated and numerous than in olden days. Therefore, ignorance can be a defense when you are unaware of an administrative regulation that was not reasonably available to you. In rare cases, you may have relied on a statute that is later declared invalid or a court order that was later overruled. And have you ever asked an official whether certain conduct was legal, only to learn later that the official was wrong? Ignorance can be a defense when you are relying on that official’s interpretation of the law.

Even where ignorance is a defense, you may still may not get off scott free. The court can convict you of a lesser offense that did not require special mental intent, and you can still be found guilty of the law as you believed it to be.

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.

(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.)

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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.)

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As of January 1, 2013, the Offender Initiative Program allows certain types of first-time felony defendants to avoid a conviction on certain conditions. The Program only applies to first-time offenders for non-violent crimes such as retail theft, motor vehicle theft, burglary or drug possession. Your offense must be eligible for probation, and you may need an attorney to help you get into the Program.

The Program does not apply to any type of violent crime such as domestic battery, stalking, sex crimes, hate crimes, possessing a weapon or even DUI. If you have a prior felony probation or a conviction, you cannot participate.

If you are eligible for the Program, the proceedings against you will be put on hold for at least a year while you participate in the program. You will be ordered not to violate any other criminal laws (including traffic offenses), take drugs or possess a weapon. You may have to pay back anything you took or damaged. You may be ordered to hold a job, perform community service, take classes, get counseling or undergo drug testing.

If you stay on track, the charges against you could be dismissed. You will still need to petition for an expungement to get your criminal record completely erased. If you fail the program, you will again face the original felony charges.

If you are charged with a felony or other crime, contact an experienced criminal law attorney immediately. An experienced attorney can review your case to determine the best possible strategy for handling your case. While the Program may be ideal in many situations, it may not always be your best option. Maybe the evidence against you is weak, and you would be better off winning a dismissal. Even if the program is right for you, an attorney can help insure that you are allowed to participate.

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: 730 Illinois Compiled Statutes 5/5-6-3.3.

(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.)

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What are the differences between retail theft, theft, robbery and burglary? What can you do?

Retail theft or shoplifting usually means taking something from a store. (720 ILCS 5/16-25.) If you took less than $300, you can be charged with a Class A misdemeanor punishable by up to one year in jail, but taking more than $300 is a Class 3 felony, punishable by 2 to 5 years in prison. For more information on the different types of retail theft, see our related post From Shoplifting to Removing Price Tags.

Theft is obtaining control over someone else’s property or accepting stolen property or deceiving someone out of their property. Theft can be taking money out of your employer’s cash drawer or selling nonexistent magazine subscriptions. (720 ILCS 5/16-1.) Depending on how much you take and whether it’s from a person, you can be charged from a Class A misdemeanor, on up to a Class X Felony, punishable by a minimum 6 years in prison.

Robbery is when you knowingly take something from a person by the use or threat of force. (720 ILCS 5/18-1.) Robbery is a Class 2 felony, punishable by 3 to 7 years in jail. If you rob someone who is over the age of 60, handicapped or is at a school or church or you threaten someone with a dangerous weapon, you may be charged with Aggravated Robbery, a Class 1 felony, punishable by 4 to 15 years. As of January 1, 2013, Illinois law now defines drugging someone in order to rob them as Aggravated Robbery.

Burglary involves stealing from a place. (720 ILCS 5/19-1.) If you knowingly enter or remain in a building without permission with the intent to commit a felony or theft, you may be charged with a Class 2 felony. If the building was a day care, school or church, your charges can be upgraded to Aggravated Burglary, a Class 1 felony.

If people live in the dwelling or you present to be a government official or utility worker, you can be charged with Residential Burglary, a Class 1 felony. (720 ILCS 5/19-3.) However, under a recent Illinois Appeals Court decision, a home is not considered a dwelling if the owners have moved away and do not intend to return, in which case you may only be charged with regular burglary. (People v Brett Roberts.)

So what if you are charged with some type of stealing, are you guaranteed that prison stay? Not necessarily. If you are charged with a crime, you should contact an experienced criminal law attorney immediately. An attorney can evaluate the circumstances of your case to present the best possible defense. As with most crimes, the state must prove all the elements of the crime beyond a reasonable doubt. Did you take the item without permission? Were you authorized to be at the home or the building? Did the police have the probable cause to arrest you in the first place? In some cases, an attorney can bring a motion to have evidence against you dismissed. Even if the police handled your case by the book and the evidence against you is overwhelming, an attorney who is respected at the court house may negotiate a better plea agreement than you could on your own.

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.

(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.)

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Stores such as Whole Foods may use plain clothes security. You don’t realize that shopper down the aisle is really keeping an eye on your behavior. Are you watching the cashier more than you are shopping? Do you seem nervous? Are you wearing unusually warm or bulky clothes on a hot day?

Other stores, such as Macy’s, use security cameras. These cameras are not stationery. Store personnel zoom in on you if you seem suspicious, and they can pick up a surprising amount of detail.

Stores also rely on security tags to set off alarms if you leave the premises, two-way mirrors to prevent theft in the dressing room, and security alert codes to let store personnel know of a suspicious shopper.

No matter how you are caught, an arrest for retail theft can be embarrassing and scary. Illinois law takes retail theft very seriously. Stealing more than $300 in merchandise bumps you up to a Class 3 felony, punishable by two to five years in jail. Less than $300 is still a Class A Misdemeanor, punishable by up to one year for a first offense, and a Class 4 Felony, punishable by 1 to 3 years for subsequent offenses. You can also get sued in civil court for the cost of the merchandise plus attorney fees.

If you are arrested for retail theft, call an experienced criminal law attorney immediately. Do not attempt to explain yourself to store security or police. What you think sounds like a reasonable explanation may become a confession to the crime. Do not discuss your case with third parties, or they could be called in as witnesses against you.

An experienced criminal law attorney will review your case to determine the best strategy for your defense. Even if the evidence is overwhelming, an attorney who is respected at the courthouse may be able to get you a better plea agreement than you could on your own.

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

(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.)

Source: http://retail.about.com.

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When we think of shoplifting, we usually think of hiding merchandise in a purse or pocket, but the Illinois retail theft law encompasses a broader range of offenses. As you might expect, you cannot leave the store with unpaid merchandise. You also cannot change the labels or price markings on items and pay less than full value. You cannot transfer merchandise from one container to another, for example, by placing full price articles into the sales bin and then try to pay the lower price.

When you are at the self-service register, you cannot under-ring your merchandise or fail to scan it. And make sure you leave that shopping cart in the parking lot.

It is retail theft to pretend you own property in order to get money or store credit or an exchange. Nor can you fail to return property that you have leased.

You may not use a theft detection shielding device in order to take something. A theft detection shielding device includes any “laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.” (720 ILCS 5/16-25(e).)

For a first offense of less than $300 in goods, you can be charged with a Class A Misdemeanor punishable by up to 1 year in jail and a $2,500 fine. A second offense is a Class 4 felony punishable by 1 to 3 years in jail and a $25,000 fine. Merchandise over $300 upgrades your first offense to a Class 3 felony, punishable by 2 to 5 years. The store merchant may also sue you in civil court for the price of the merchandise and their attorney fees.

If you stole something and ran out an emergency exit, you can be charged with Theft by Emergency Exit, a Class 4 felony for merchandise valued under $300. A second offense is a Class 3 felony. For value over $300, Theft by Emergency Exit is a Class 2 felony, punishable by 3 to 7 years.

To be convicted for retail theft, the state must show you intended to permanently deprive the rightful owner of their property. If you accidentally walked out with something in your cart, you may have a defense. This defense would be complicated, however, if you concealed the object so that while “there may be some notice of its presence, that merchandise is not visible through ordinary means. (720 ILCS 5/16-25(c ).) Illinois law allows a judge or jury to infer that you intended to steal the goods if you concealed them and left the store.

If you are charged with a retail theft offense, contact an experienced criminal law attorney immediately. Do not make statements to store security, the police or others about your case. Trying to explain yourself could give the prosecution the evidence needed to convict you. As with almost any crime, the prosecution must prove the offense beyond a reasonable doubt including whether you had the necessary intent. An experienced attorney can look for weaknesses in the state’s case. Even if you are caught red-handed with the goods under your clothes, an experienced attorney may negotiate a better plea agreement than you could on your own.

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: See 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.)

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The new law targets organized crime rings by expanding the definition of a “financial crimes enterprise” to include reselling or trading stolen merchandise.

To be guilty of a “continuing financial crimes enterprise,” you must knowingly commit three or more separate crimes against property (including computer, retail, wire or identity theft) within an 18 month period. (720 Illinois Compiled Statutes (ILCS) 5/16H-50.) For an organizer, you can be charged when you agree with another person to the commission of 3 or more such crimes within 18 months. (720 ILCS 5/16H-55.) The three separate offenses need not be committed with the same person.

If you are charged with organizing or committing a financial crimes enterprise offense, do not speak with anyone other than an attorney about your situation. Any statements made to police or a third party can be used against you. Do not discuss your situation on any electronic media such as Facebook or email. If you are in custody, tell the police “I wish to remain silent. I wish to have an attorney,” in order to trigger your Miranda rights.

As with any offense, the state must prove you guilty beyond a reasonable doubt. An experienced attorney can help evaluate your situation to present a defense. Even if the evidence is overwhelmingly against you, an attorney may assist you in obtaining a more favorable plea bargain.

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

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

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