Attempt Felony Retail Theft

My question involves criminal law for the state of: Illinois

A few months ago , a friend of mine and I, were arrested for attempted felony retail theft, which is a misdemeanor. The store manager says that my friend tried to conceal an item while I distracted the him (manager). My friend was a juvenile so his case was never pursued in court for some reason. My case however is being pursued. I have gone to court 4-5 times already . After a few court dates,my lawyer answered ready for trial but the main witness of the prosecution was apparently away. Is it likely that he will show even if he has nothing to gain since no item was stolen? If he doesn't show next time will my case be dismissed? Also is there any chance of me receiving a conviction based on witness testimony alone?

I have taken a plea deal on a charge which happened at the same time as this one. ( Ordinance violation , given supervision apparently charged as a felony) If I am convicted on this charge is there any chance of jail time?

Quote:

---

Also is there any chance of me receiving a conviction based on witness testimony alone?

---

yes

Quote:

---

Is it likely that he will show even if he has nothing to gain since no item was stolen?

---

they do have something to gain; prosecuting a thief so hopefully that person learns to not be a thief and others will know that this store is serious about prosecuting thieves.

if the star witness doesn't show again, your lawyer should make a motion to dismiss if the prosecution is not willing to go to trial without the witness. Without knowing more about the situation, it is impossible to determine if the DA will go ahead to trial without the witness or if the judge will grant the dismissal since the DA keeps delaying this for the reason they are.

Quote:

---

I have taken a plea deal on a charge which happened at the same time as this one. ( Ordinance violation , given supervision apparently charged as a felony) If I am convicted on this charge is there any chance of jail time?

---

if they consider this a violation of your probation, yes but as it is from the same case, I wouldn't think they would but...

what is this charge and why was it tried separately? That is the oddity here.

My friend and I were on camera stealing from a different store, and this store got our pictures and that's why we were arrested although we did not steal anything.

They have no video tape evidence or anything else. What I am asking is if I go there and I am presentable and don't say anything stupid, is it likely that I will get convicted based on the store owner saying ," yeah he was distracting me while his friend concealed items"? The store owner is the only evidence they have to present.

Also I am only 17, will this have any impact on sentencing if I am convicted?

attempting to steal is a crime as well so regardless of whether you were not successful in actually stealing something or not, you broke the law. In may states, just the act of hiding the merchandise on your person is more than adequate to be charged with theft.


as to the age; only if they are allowing this to remain in juvenile court because of your age. Other than that, you are playing with the big boys and subject to whatever penalty the law allows. It would seem that you have a penchant for stealing so if jail is a possibility (most likely is) I would not be surprised to hear the judge does order some sort of jail time. You are really showing yourself to be on the wrong track, especially at the age of 17.

The crime for which I received the previous charge happened at the same time as this, this case is just taking longer since I am having a trial. If convicted , my lawyer says that the supervision will not be revoked , so will this in effect count as a first offense since I have not committed any crime after this? Does the average judge show leniency for someone young like me?

since you do have the other conviction, while it apparently will not affect your probation, the judge can take the fact you have already been convicted of another crime into consideration when sentencing you. It may not count as a second conviction but that does not mean the judge cannot apply the greatest amount of penalty available for a first offense. He may have been more lenient if it really was a first conviction but since this is in fact your second at the ripe old age of 17, you aren't starting life well and the judge may see the need to impress that point upon you.


what is the actual statute you are charged with?

I am trying to find that out. I need to find my court documents. It's weird but I cannot find the " attempted felony retail theft" statue online, especially where it says that it is only a misdemeanor.

Go here and read 720 ILCS 5/8‑4.

and the crime of retail theft here

So, what was the dollar amount of the merchandise?