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  1. #1
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    Dec 2010
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    Default Caught Stealing from Old Navy in Illinois

    My question involves criminal law for the state of: Illinois

    i got caught with a $6.00 retail theft from old navy... i had a $100 dollar bond and i got my mugshot and finger prints... is there a way i can erase this from my record? I have a court date at January 11. Am i screwed for the rest of my life? i am 18 years old.

    We walked out of old navy.. the cop told us to stop, we threw the shirts away and ran away. They caught only 3 of 5 of us, and we were all taken to the station. Will this be on my record forever? How much of the total cost can i expect? Im sooo scared.. please help

  2. #2
    Join Date
    Dec 2010
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    105

    Default Re: Caught Stealing from Old Navy in Illinois

    It depends in part on what you were charged with. On the shoplifting part, that is ordinarily charged as a misdemeanor. With an organized group theft it could be charged as a felony, although a $100 bond sounds way too low for a felony. A felony is a very serious crime and can carry a lengthy prison sentence. If the persons who ordered you to stop and actually caught you are police officers then you could also be charged for at least attempted escape and possibly other charges.

    You definitely need to consult an attorney in your area. If you do not have the money to hire an attorney then ask the court to appoint one for you. This is done in most states at the first appearance. If you have to enter a plea at that time, plead "not guilty". Do not talk to anyone about the facts except your lawyer.

    For many first offenders, many states have diversion or deferred sentencing programs which allow the defendant to avoid having a criminal record on her or his record. These programs are not usually automatic. With the facts you stated about trying to flee and bing part of an organized, although inept, group, I am doubtful that you will be able to get into such a program, but, you never know. Ask your lawyer about that.

    Failing diversion or deferred sentencing your best hope is to get a light sentence and maybe have it expunged after the minimum time for that has elapsed under Illinois law. Again, another question for your lawyer.

    You will probably get a civil demand letter in the mail from the store demanding several hundred dollars in penalties. You should pay it, but, again, ask your lawyer.

    Your name has probably been entered into a retail theft database. It will probably be difficult to get a job in retail in the future, at least for the next 7 years.

    And yes, if convicted, this will haunt you forever on job applications, rental agreements, and other things unless and until you can get the record expunged. If you do get diversion or deferred sentencing on these facts you are incredibly and undeservedly lucky.

  3. #3
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    Dec 2010
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    Default Re: Caught Stealing from Old Navy in Illinois

    So the chances of me getting a diversion is slim?

  4. #4
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    Dec 2010
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    Default Re: Caught Stealing from Old Navy in Illinois

    Please respond, im very scared for my future

  5. #5
    Join Date
    Dec 2010
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    105

    Default Re: Caught Stealing from Old Navy in Illinois

    I can't really say because that is a matter of Illinois law and local practice in the county where you are charged. I can say that in the three states where I am licensed to practice the fact that an apparent organized theft occurred, followed by an attempted escape, would make it a slim chance for qualifying for diversion. However, this is something a local attorney can advise you about. It might work out in your favor. You cannot know until you talk to a local attorney. If you Google "shoplifting lawyer Illinois" or variations of that, I am sure that you can find some links to lawyers in your state. Many of them offer a free initial consultation. I do not think you can get any further specific guidance here because everything depends on how the local prosecutor and local judge are inclined to view the aggravating factors of organized theft and attempted escape.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: Caught Stealing from Old Navy in Illinois

    Or www.yellowpages.com
    Criminal Defense Attorney in (city, state).
    Or you can actually pull out your phonebook and look through it under Attorneys.

  7. #7
    Join Date
    Dec 2010
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    5

    Default Re: Caught Stealing from Old Navy in Illinois

    Do you guys think a Public Defender is a good idea? Or should i hire a lawyer.

  8. #8
    Join Date
    Dec 2010
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    105

    Default Re: Caught Stealing from Old Navy in Illinois

    Quote Quoting Johnyi
    View Post
    Do you guys think a Public Defender is a good idea? Or should i hire a lawyer.
    Apparently you did not read my first post thoroughly. I said there: "If you do not have the money to hire an attorney then ask the court to appoint one for you. This is done in most states at the first appearance."

    The lawyer who the court appoints is a public defender. Public defenders are lawyers. Depending on how it is handled in your area there may be a formal public defender's office or it may be private lawyers who take public defender assignments on contract.

    It is generally better to hire a private lawyer if you can manage to do that. It is not usually a question of competence. Most public defenders are quite competent. The trouble is that they are underpaid and overworked. Certainly, though, a public defender is better than not having a lawyer at all. In your case, public or private may not make much difference. You are clearly guilty of theft and probably of other charges if they choose to prosecute you for them. From your post there is no question about that. So, it is really a question of making the best possible deal, the motive of the prosecution being to avoid the expense of a trial and your motive being to minimize the consequences as much as possible.

    Public defenders are not free by the way. Usually there is a charge back to the defendant by the state. A lot of people don't pay for the same reason a public defender was appointed in the first place, but the legal obligation to pay is there. That, however, should be the least of your worries under the circumstances.

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