Shoplifting/Retail Theft – First Time Offender’s Guide – Criminal Defense Attorney Skokie

April 28, 2011
shoplifting

shoplifting

Being arrested or cited for retail theft/shoplifting under Illinois Criminal Statute 720 ILCS 5/16A-3 can lead to serious criminal, civil and economic consequences. A person arrested for the first time has the opportunity to protect themselves during their criminal case, as well as, in their future if they know how to approach their case.

By law, a first time retail theft arrest with a value under $300 is classified as a Class A misdemeanor and carries a punishment of up to a year in jail and a $2500 fine. If the value of the items taken is above $300, Illinois classifies the retail theft as a Class 4 felony punishable by 1-3 years in prison along with a fine of up to $25,000. Being prepared and having strong and informed representation can protect you from serious legal consequences.

While each case is determined individually based on the facts and nature of the events, certain options are available to those arrested and charged with retail theft/shoplifting.

1. Supervision

Supervision is a sentence of “good behavior” in which, if the defendant does not pick up new arrests or violate any other terms of the supervision, will result in a non-conviction on the defendant’s record. While receiving a sentence of supervision does avoid imprisonment and a conviction, the consequences of a sentence of supervision last far longer than the supervision itself. An individual who receives supervision must wait 5 years after the termination of the supervision to petition the court for an expungement or sealing of their record. Employers routinely perform background checks and an arrest of retail theft/shoplifting oftentimes eliminates applicants from employment.  This can be avoided.

2. Deferred Prosecution

Deferred prosecution is an opportunity for first time offenders to avoid a conviction, jail time or supervision. With proper negotiations and preparation by the defense, defendants can receive a deferred prosecution and be required to complete a theft-deterrent program. This is a class that is completed by the defendant, and upon proof of completion, will result in the prosecution dismissing the retail theft/shoplifting charges against the defendant. If the case is dismissed, the record of arrest and court proceedings can be expunged immediately as opposed to requiring the 5 year waiting period under a sentence of supervision.

3. Community Service

An additional option for defendants is community service. If the theft-deterrent program is not applicable or not available, community service is an alternative option. Similar to the theft-deterrent program, when the community service is completed, it will result in the prosecution dismissing the retail theft/shoplifting charges against the defendant. Again, if the case is dismissed, the record of arrest and court proceedings can be expunged immediately as opposed to requiring the 5 year waiting period under a sentence of supervision.

Even if you are arrested for retail theft/shoplifting, you can protect yourself in many ways with the proper information and you do not have to suffer the consequences of a retail theft/shoplifting arrest on your record for years afterwards.

Purav Bhatt is a criminal defense attorney practicing in Skokie, Rolling Meadows, Chicago, Cook, DuPage and Lake counties. Please contact Mr. Bhatt if you have been arrested for retail theft/shoplifting and would like to discuss your options at 773-791-9682.

Misdemeanor Criminal Process – Chicago Criminal Defense Attorney

April 14, 2011
misdemeanor

misdemeanor

Having a misdemeanor conviction on your record can have lifelong consequences. If you’ve been arrested and charged with a misdemeanor crime you are already experiencing the criminal process. The better informed you are about the misdemeanor criminal process, the better prepared you will be to fight your case and get the best outcome for your case. Below is a breakdown of the misdemeanor criminal process so that you and your team are prepared for what’s to come.

Arrest &  Bond

Once you are arrested and charged for a misdemeanor you will be taken to the police station of the city or town in which you were arrested. You can expect to be fingerprinted, photographed and provide general information about yourself such as home address, birth date, and occupation.  You should be given a copy of your complaint which tells you what you are being charged with.

You will also have a bond set so that if you can afford to pay, you will be released. Bonds are set either by the police station in which you were booked or you may be taken before a judge for a bond hearing. This is the first point in the criminal process where it is important to have a criminal defense attorney present. A criminal defense attorney will have a better chance of securing a low dollar amount bond (this is called a D-bond) for you or possibly getting you released without posting any money and just your signature (this is called an I-bond). This bond ensures that you will return to court for your court date.

First Court Date

At your first court date, the judge will ask you whether you plan on hiring a criminal defense attorney or not. If you cannot afford an attorney you will be given the services of the Public Defender. In order to qualify for the Public Defender, you must provide a detailed affidavit or your assets and liabilities. While the Public Defender’s office has many capable attorneys, their caseload will not allow them to give you the time and attention you may need to resolve your case in the quickest and most advantageous way. If you decide you want to hire a criminal defense attorney, the judge will grant you a continuance to hire one.

Next Court Date

When you return to court with your criminal defense attorney, the Prosecutor is required to turn over to you and your attorney all evidence that has been collected against you. Most often, this is the point at which your lawyer will speak to the prosecutor to start negotiating a resolution to your case either through dismissal, deferred prosecution or an offer. Most often, your case will be continued so that you and your lawyer can review the evidence against you and determine what the best way to proceed is.

Motions

Sometimes, a case can be won by fighting to get evidence thrown out. If the police gathered evidence against you in an illegal way, all the evidence that is gathered after the illegal search or seizure is inadmissible. If this evidence is suppressed, oftentimes, the prosecutor will not be able to prove their case agaisnt you and will be forced to throw the case out.

Trial

If you, your lawyer and the prosecutor cannot come to an agreement about your case, your next option is to have a trial either by judge or jury. A trial consists of jury selection, opening statements, the examination of all witnesses against you, an opportunity for you to tell your side what happened, closing arguments and finally a finding or verdict decided by judge or jury.

Sentencing Hearing

If you are found guilty, a sentencing hearing will be conducted after the entry of a plea or verdict. The maximum penalty for a misdemeanor in Illinois state is 364 days in jail and a $2500.00 fine. This is the point where your lawyer will request that your sentence be as low as possible based on your criminal history, the nature of the case, your background, and other factors such as your family, employment and service to the community.

If you have been arrested and charged with a misdemeanor crime, your reputation and liberty are at stake. You should have the best representation possible to protect you. Purav  Bhatt is a former Cook County State’s Attorney who practices criminal defense in Chicago, Cook, Lake and Dupage counties.

Please contact or call Mr. Bhatt at 773-791-9682 for a free consultation if you would like to discuss your criminal matter.

New Court Decision allows non-residents to transport guns without FOID card – Chicago Criminal Defense Lawyer

April 10, 2011
UUW and FOID

UUW and FOID

Recently, the Illinois Supreme Court has come down with a decision allowing people who are non-residents of Illinois to transport guns in Illinois without a valid Illinois Firearm Owners Identification Card (FOID). As long as the non-resident is legally allowed to carry his weapon in his home state and has valid registration showing that, the new Illinois law states that the non-resident may transport that gun in Illinois.

In a unanimous decision last week, the court heard the case of Leonard Holmes, an Indiana resident who was charged with felony aggravated unlawful use of a weapon here in Illinois because he didn’t have a Firearm Owners Identification card (FOID) and was not carrying the gun in a case per Illinois law for transporting a firearm.

Holmes had a permit to carry a concealed firearm in Indiana, and the court held that Illinois law does not require a FOID card too. It also ruled the armrest served as a case.

This case can be found at People v. Holmes.

If you or your loved one has been charged with unlawful use of a weapon *(UUW), not having a firearm owners identification card or any other weapons charge, call or contact Purav Bhatt. Mr. Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake counties and throughout Chicago.