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  1. #1
    Join Date
    Sep 2012
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    Default Employee Caught Stealing From Their Store

    My question involves criminal law for the state of: IL



    For shoplifting / retail theft, the statute of Limitations is 1 year (according to the lawyer i spoke to in my free consultation ), but my question is, is the SOL different if you are working for the company you stole from? I guess im not sure which I would qualify under, SHoplifting, or retail theft? And what my SOL is under my state please.

    Meaning, Since i was an employee from the store, and took about 500$ worth of product, would this not apply to me because I was employed by them? I would just like to know because this incident happened about 9-10 months ago, no police was involved, i did not sign any papers, I never admitted to it, i had not made any communications with this store since the incedent, nor was i contacted about it. I just want to know when i can breath easy.

    I figure by now I would hear something or get something in the mail from them but nothing. I did contact the local courthouse to make sure my name wasn't in any cases, and it was not

  2. #2
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    Sep 2005
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    Default Re: Employee Caught Stealing From Their Store

    Quote Quoting IRTheBest69
    View Post
    For shoplifting / retail theft, the statute of Limitations is 1 year (according to the lawyer i spoke to in my free consultation )....
    You got what you paid for....
    Quote Quoting 720 ILCS 5/3-5. General Limitations.
    (a) A prosecution for:

    (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or

    (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.

    (b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
    I expect that a prosecutor could find a felony charge that would fit the facts of your case.

  3. #3
    Join Date
    Sep 2012
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    7

    Default Re: Employee Caught Stealing From Their Store

    Well under my situation, is it shoplifting or retail theft? Or are they the same?

    I read other posts on here form IL that other members say one year for their shoplifting, never three years. Is it because it was my employer?


    EDIT: I am absolutly no lawyer, so i probably am incorrect, but this is where I also confirmed what that free consultation told me

    http://www.ilga.gov/legislation/ilcs...=072000050K3-6

    [quote]

    Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3‑5 or other applicable statute is extended under the following conditions:
    (a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows:
    (1) If the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal disability or within one year after the termination thereof.

    (2) In any other instance, within one year after the
    discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.




    SIDE QUESTION:

    From this site:
    http://www.shopliftingprevention.org...ting-laws.html
    Sec. 16A-2.2. "Full Retail Value" means the merchant's stated or advertised price of the merchandise.
    Now Lets say a toaster was on sale and advertised for 50$ orinally being 300$. So the according to the .org site, If someone were to steal this toaster, they would steal the advertised price? So they only stole 50$ worth? That doesn't even makes sense?

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: Employee Caught Stealing From Their Store

    The shoplifted toaster would be valued at the FULL RETAIL VALUE, being $300.

  5. #5

    Default Re: Employee Caught Stealing From Their Store

    In Illinois it's Retail Theft. There is no legal definition of "Shoplifting" in Illinois statutes. Very few states define "shoplifting" in their statutes. People use the term "shoplifting as the want to minimize and downplay their actions to make it appear they committed a lesser crime.

  6. #6
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    Default Re: Employee Caught Stealing From Their Store

    Quote Quoting IRTheBest69
    View Post
    EDIT: I am absolutly no lawyer, so i probably am incorrect, but this is where I also confirmed what that free consultation told me
    If you believe a statute that is explicitly titled "Extended Limitations" and that potentially extends the 18 month limitation period to up to three years proves the "free consultation" to be correct, then... what can I say.

  7. #7
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Employee Caught Stealing From Their Store

    To answer the side tangent - no, it is not because it was your employer. I cannot imagine a criminal charge that would be specific to employer theft.

  8. #8
    Join Date
    Jun 2013
    Posts
    1

    Default Re: Employee Caught Stealing From Their Store

    I am wanting to know, If I need a public defender to represent me in court for shoplifting, this happened about a week ago, I signed a paper to pay restitution, and I was taken to the pd to get finger printed and I also have a court date and time. Can some one PLEASE help me. I have no idea what to do. The state this happened in is AZ.

  9. #9
    Join Date
    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: Employee Caught Stealing From Their Store

    Contact the court and ask for a public defender. You will need to qualify financially (show you are really poor), so if you have significant assets, you will need to hire a private attorney.

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