Ordinance Violation Charge for Shoplifting

[chrisjackson]

My question involves criminal law for the state of: Illinois

First of all, I did something stupid yesterday. At Kmart, I decided to put $24 worth of goods into my pocket while shopping for other things. After paying for everything in the shopping cart, I was stopped by store security. I was asked to signed several paper not to enter the store again in state of IL. Police was called in, it is my first time. Police wrote me a village violation ordinance under "retail theft" description and let me go home. I asked him that I did something stupid and I regret, can this stay out of my record. Police told me that paying the fine of "$100" then it won't stay on the record. Is that true? I didn't get any citation YET, will that ever happen in the future?

I'm in graduate school and have a job, I don't want to go to jail or have criminal record. I haven't slept since yesterday...I don't want to have my life ruined because of the stupid thing I did in 5 second of stupid decision. I'm truly sorry and I will do anything possible to redeemed myself, I'm really not a bad person. What should I do now...?? Please help...

Thank you in advance.

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Also, my ordinance number is 14-1-12, it is cook county

[Disagreeable]

Hire a good lawyer and hope they get you diversion.

[chrisjackson]

Hire a good lawyer and hope they get you diversion.

Thank you for your reply? Should I just "request for hearing"?

the ticket itself doesn't have case# on it, if hearing date is given, do I go to our village hall or I will be sent to cook county court?

Thanks

[CourtClerk]

Go hire an attorney. They will tell you what you need to do, what they advise you to do, where you're going to go.

[chrisjackson]

Thanks CourtClerk. Do you have any experience of this type of case? I will go talk to an attorney tomorrow, what is the chance that I will be sent to Jail or have permanent criminal record?

[Mr. Knowitall]

Disagreeable apparently believes that diversion programs are universally available, and that all people qualify. They are not universally available and, in counties where they are offered, often have significant restrictions on who may qualify.

It makes sense to research what diversion and deferral programs may be available in your jurisdiction and whether you qualify. A local criminal defense lawyer should be able to advise you.

You will have to research the ordinance to determine if it is a criminal offense or an infraction. You didn't share either the municipality or the ordinance number, so we can't look it up for you.

[DeputyDog]

To be fair, Disagreeable did say "and HOPE that they can get you diversion," implying that it's far from a sure thing.

As an aside, before you spend $500 just to walk in the door and talk to an attorney, you could do some of the initial work yourself. Contact the court and ask if they have diversion programs and who generally qualifies.

When you go in front of the judge/magistrate and they ask you how you wish to plea, you could also state at that time that you would be interested in a diversion program and ask if you might be eligible and how you might go about getting into said program. The judge knows you are not an attorney and is likely to answer any questions you might have. If he or she says that you need to first plead not guilty to get into diversion, or he or she isn't helpful and says "Well that's up to the prosecutor to make a recommendation," or something of that sort, you can always plead not guilty at that time and get an attorney.

Some courts - not all - have streamlined arraignments to the point where you can immediately go into another room and personally speak with a prosecutor and express your interest in diversion or ask if they might be willing to plea bargain. This is done not only for your benefit, but the court's as well (clearing the docket) and the prosecutor's (clearing their caseload.)

The bottom line - don't be afraid to ask questions and make informed decisions.

Oh - and - QUIT STEALING, then you won't be in these situations to begin with.