Shoplifting at Walmart and Criminal Trespassing in Illinois

So about 2-3 months ago I was caught shoplifting and walmart... i got a civil demand for 300$... i consulted a lawyer and paid him 500$...

He told me not to pay the civil demand yet... I just got outta court, all charges dropped because apparently he was an amazing lawyer and proved they had insufficient evidence to convict me and dropped everything off my record as well ... I don't have to pay no civil demand any more...

Now I'm wondering, if I was found innocent.. Would it still be considered Criminal Trespassing if I go back to Walmart? I don't believe I signed anything there either

walmart can walk up to any person in the store and tell them not to come back anymore. If you enter the store after that, you are trespassing.


and what makes you think you do not have to pay the civil demand? The civil demand does not depend on conviction of the criminal act to be enforceable.

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Quoting polarmike

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So about 2-3 months ago I was caught shoplifting and walmart...
...all charges dropped because apparently he was an amazing lawyer and proved they had insufficient evidence to convict me

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So when the LP stopped you had no unpaid merchandise on you? The Civil Demand is completely separate from your criminal charges, you do not have to be found guilty of theft to be sued in a civil suit by Wal-Mart, that’s a separate litigation altogether.

Look at OJ he was found innocent of murder in a criminal trial but guilty in a civil trail.

Lawyer told me not to pay the civil demand at all costs, he said if if I was found innocent in court, I don't have to pay anything unless I'm found guilty of the crime I have committed...
I was not found guilty
Therefor It's not my fault (From a 3rd person perspective)
Therefor I'm not paying anything regardless because if I do, it just proves I'm guilty of the action because why would a person that's not guilty person pay for something he or she has not done?? Common sense


Regardless, I'm asking about the criminal trespassing charge... They don't even have my picture at Wal-mart, Part of the reason I got off because there was no visual evidence at all...

no, paying the demand does not mean you admit guilt and ask your attorney if he is going to defend you for free if/when sued by walmart?

it only takes a preponderance of the evidence (51%) to win a civil suit. It requires proof beyond a reasonable doubt to prove a criminal suit.

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(720 ILCS 5/16A‑7) (from Ch. 38, par. 16A‑7)
Sec. 16A‑7. Civil Liability.
(a) A person who commits the offense of retail theft as defined in Section 16A‑3 paragraphs (a), (b), (c), or (h) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:
(i) actual damages equal to the full retail value of

the merchandise as defined herein; plus
(ii) an amount not less than $100 nor more than

$1,000; plus
(iii) attorney's fees and court costs.
(b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the "Parental Responsibility Law", approved October 6, 1969, as now or hereafter amended.
(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.
(d) Judgments arising under this Section may be assigned.
(Source: P.A. 93‑329, eff. 7‑24‑03.)

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What evidence is there other than my address? I didn't sign shit... or anything

and it's saying it's not a prerequisite meaning it doesn't have to be there to issue a civil demand, however I was found not guilty there fore i did technically did NOTHING in a 3rd party perspective, so why should I pay for something in which i had NO INVOLVEMENT IN.... in a 3rd party perspective...

and besides... from the research i did... almost none of the people that file the civil demands actually do anything about them...

Source : http://www.avvo.com/legal-guides/ugc...demand-letters

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polarmike;418919]What evidence is there other than my address? I didn't sign shit... or anything

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their testimony plus I presume you were arrested, most likely on site. The fact they have your address means they caught you and if you had anything on you, that is all that is needed for them to prevail.

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and besides... from the research i did... almost none of the people that file the civil demands actually do anything about them...

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well, considering Walmart has banned a person from ALL walmart property for life for refusing to allow an inspection of their purchases when the door alarm went off and there have been at least 1 person killed in an effort to detain a shoplifter and at least 1 person shot during a detention; it sounds like they are pretty serious about shoplifting.


the point about the inclusion of the law was to point out that what happened with your criminal case will not affect the ability for them to be successful with a civil suit.

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however I was found not guilty there fore i did technically did NOTHING in a 3rd party perspective,

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Wrong. It just means they did not have enough evidence to convict you on a criminal charge. The threshold to prevail in a civil suit is much lower.

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so why should I pay for something in which i had NO INVOLVEMENT IN...

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apparently you did have some involvement in the theft otherwise you wouldn't have ended up in court.

See, even in your first post you ADMIT to shoplifting:

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So about 2-3 months ago I was caught shoplifting and walmart..

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Oh well, it's your credit record for the next 20 years, not mine.

If you don't pay the civil demand...

The store can sue.

You'll get Bill #1. Don't pay.
Bill #2 will arrive. For a larger amount (even double).
Don't pay.
Bill #3....if you're lucky will arrive....for an even higher amount.
Or...a letter from a lawyer will arrive telling you to be in court. And the amount will now be that of the highest bill, plus court costs. And your credit rating can be affected.

Credit rating affected.....that will show up when you want to buy a new car, rent a new apartment, but a new house, or even switch jobs.

PS....as for shopping in Walmart...sure...take your chances...you have a great lawyer who can get you out when you get arrested for Criminal Trespass, right?

Actually I refused to give them my address.. apparently they got it from the police because I didn't give them anything or said anything period...

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Quoting polarmike

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Actually I refused to give them my address.. apparently they got it from the police because I didn't give them anything or said anything period...

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so, they have your name, your address, your admission here on this site you admit to theft


sounds like they have all they need to prevail.

btw: the reference to the 20 years. A judgement is good for 20 years in your state and it can be reported on your credit report as long as it is active. So, if you are oh, say 18 now, that means that judgment could show up until you are 38 years old.

enjoy getting credit cards, renting an apartment, buying cars, houses, and so many other things that this will cause problems with.

but hey, your a smart kid. You know you don't have anything to worry about. I'm sure that lawyer won't cost anymore than the civil demand, or will he?

and of course, when you lose you will have to pay the civil demand plus still pay for your attorney.

but since you have nothing to lose, I say go for it and tell Wally to stick it up his rear end.

So I went to walmart and I talked to the same LP, I told him about the court case, he's said if you were proven innocent, you're fine, you can come here as long as you don't shoplift ... and the civil demand is dropped...

Hmmm.... yep i sure stuck it up wallys rear end..

it's your story. Tell it however you want. I know BS when I read it.

Hard to believe, honestly if I told you how this case went, i'd rather not say anything because my lawyer pulled some strings with someone and everything was dropped... everything... so i'm pretty clear here...