Shoplifting, Larceny, Robbery, Theft Arrested for shoplifting in Illinois. Was an accident.

[NotMyFormer]

First off let me start off by saying that I suffer from:
Anxiety Disorder
PTSD
Major Depressive/Clinical Depression
and ADD

today my sister and I went to a CITY, Illinois STORE NAME. I was a bit scatterbrained because I didn't take my ADD medication which I sometimes don't take to give my body a break and if I'm going to have a day where I don't have to think and solve problems so much.
We shopped for about an hour separately and together at times. I usually shop with a recyclable bag. Never had a problem before. This STORE NAME didn't have shopping bags, all they have are carts. I also have Carpal Tunnel Syndrome so pushing a cart is somewhat difficult.
After about an hour, I asked my sister if she was ready and she said she wasn't done. I was starting to feel anxiety and very edgy. I get anxiety/panic at times and it felt like one was coming on. I went out to the car to get my bag of prescription Xanax. I completely forgot I had the bag on my shoulder. I went to the car, opened the back door, drivers side to get my pills and cigarettes. By this point, I am sweating and anxious. I get a tap on my shoulder and I see a man flash a badge an tells me to come with him. He pointed at my bag of prescription pills and said bring that, too. I realize I walked out of the store with the bag and I hadn't paid. He assures me it's no big deal and was going to "write things down". So I follow him and he asks for the bag and then motions to my purse, where I put my prescription bottles in. I told himit was mi e and showed him the contents. He seemed surprised.
I explained what was happening and why I went to the car. My sister was still in the store the whole time and I wouldn't just leave her there, I was coming back.
Regardless, they totalled the items, scrapbooking items, a book for my daughter and a pair of underwear. $85.
They call the police, I'm handcuffed. I tell the officer that i needed to take my medication because i was having severe anxiety. He walks with me to the water fountain and i take my pill. He puts the cuffs back on and i tell him that my fingers we're going numb because of the CPS. He saya it's the law ans takes me to the police car.
I was handcuffed to a metal bench. At some point my fingers turned purple because my hands were at a bad angle. I couldnt feel my hands from the wrist down and they we're a horrible purple color.
I was booked, fingerprinted, photographed, etc.
I had offered to pay for the ítems at the store. I had $200 in cash in my wallet that i showed them.
I Have a courtdate and my anxiety is out of control. I feel physically and mentally destroyed.
What aré my options?
Never had a criminal récord, never even been ticketed. I have worked for non-profit and have had extensive background checks because I worked for the state of Illinois foster kids. My husband is a psychologist and we've always been charitable and honest people.
I am not working now for the first time in my life on the recommendation of my psychiatrist.
I'm a mess and I haven't any idea what to do. Please help.
Thanks.
Sorry so long.

 

[NormanJr]

Get a criminal defense lawyer asap. They will be able to help you and figure out the best possible options and best defenses that you have. They will be able to determine if the state can prove beyond a reasonable doubt that you intended to steal the items.

A criminal defense attorney, either a public defender or private counsel is a valuable asset when facing criminal charges and do NOT attend court without legal counsel present. If you have questions, call the clerks office well in advance of your court date (ten business days) and ask for information on obtaining legal counsel.

When shoplifting, the stores have a criminal side and a civil side.

The criminal side is as follows:

A court date where you must appear before a judge and answer to your offense. You may have fines, court costs, restitution (if merchandise was damaged), jail time etc. A ban from the store you stole from and/or shopping plaza.

The civil side is as follows:

A civil demand is sent to you address demanding money to offset the cost of the security staff/equipment. It is usually a third party firm and you can work out payment arrangements. The key is to pay this fine.

 

[NotMyFormer]

I went to my regular psychotherapy appointment today and told her what happened. She said my condition would cause me to overlook that I had a bag and getting immediate relief from a panic attack. She also said she would write a letter stating this. When you are having a panic attack you can think of nothing else but treating it immediately which is why I had to get to my car quick.

Thank you for your response. This has been an absolute nightmare.

 

[NotMyFormer]

And I truly believe that they can't prove that I was leaving because my sister was still shopping, they got her on camera and she didn't do anything illegal. There was no way I was going to leave when she had no other way home and we live in Chicago and this happened in Skokie which is half an hour away. I was going to grab my bag of prescription drugs, a cigarette and go to a water fountain to take my pill.

 

[thelawjournal]

You do realize the cost to fight this will likely triple (or more) the fines and there is still the risk of being found guilty. You need to talk to a Lawyer!

 

[thelawjournal]

You have two problems?

1. They do not need to prove your intent if you passed last point of sale

2. As you can read below concealment alone is a crime so leaving store is not required

ARTICLE 16A. RETAIL THEFT

Sec. 16A-1. Legislative declaration. It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of retail theft is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime.

Sec. 16A-2. Definitions. For the purposes of this Article, the words and phrases defined in Section 16A-2.1 through 16A-2.11 have the meanings ascribed to them in those Sections unless a contrary meaning is clear from the context.

Sec. 16A-2.1. To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
Sec. 16A-2.2. "Full Retail Value" means the merchant's stated or advertised price of the merchandise.

Sec. 16A-2.3. "Merchandise" means any item of tangible personal property.

Sec. 16A-2.4. "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.

Sec. 16A-2.5. "Minor" means a person who is less than 19 years of age, is unemancipated and resides with his parents or legal guardian.

Sec. 16A-2.6. "Person" means any natural person or individual.

Sec. 16A-2.7. "Peace officer" has the meaning ascribed to that term in Section 2-13 of this Code.

Sec. 16A-2.8. "Premises of a Retail Mercantile Establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.

Sec. 16A-2.9. "Retail Mercantile Establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.

Sec. 16A-2.10. "Shopping Cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.

Sec. 16A-2.11. "Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.

Sec. 16A-2.12. "Theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

Sec. 16A-2.13. "Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.

Sec. 16A-3. Offense of Retail Theft.

A person commits the offense of retail theft when he or she knowingly:

(a)Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or

(b)Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or

(c)Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or

(d)Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or

(e)Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or

(f)Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or

(g)Uses or possesses any theft detection shielding device or theft

detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. A violation of this subsection shall be a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense; or

h)Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.

Sec. 16A-3.5. Theft by emergency exit.

A person commits the offense of theft by emergency exit when he or she commits a retail theft as defined in Section 16A-3 and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.

Sec. 16A-4. Presumptions.

If any person:

(a) conceals upon his or her person or among his or her belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
(b) removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.

Sec. 16A-5. Detention.

Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

(a) To request identification;

(b) To verify such identification;

(c) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;

(d) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;

(e) In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person. A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his possession either a theft detection shielding device or a theft detection device remover.

Sec. 16A-6. Affirmative Defense. A detention as permitted in this Article does not constitute an arrest or an unlawful restraint, as defined in

Section 10-3 of this Code, nor shall it render the merchant liable to the person so detained.

Sec. 16A-7. Civil Liability.

(a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b) or (c) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:

(i) actual damages equal to the full retail value of the merchandise as defined herein; plus

(ii) an amount not less than $100 nor more than $1,000; plus

(iii) attorney's fees and court costs.

(b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the "Parental Responsibility Law", approved October 6, 1969, as now or hereafter amended.

(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.

(d) Judgments arising under this Section may be assigned.

Sec. 16A-8. If any Section, clause, sentence, paragraph or part of this Article is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the Section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Sec. 16A-9. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment.

Sec. 16A-10. Sentence.

(1) Retail theft of property, the full retail value of which does not exceed $150, is a Class A misdemeanor. Theft by emergency exit of property, the full retail value of which does not exceed $150, is a Class 4 felony.

(2) A person who has been convicted of retail theft of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 3 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge of retail theft as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

(3) Any retail theft of property, the full retail value of which exceeds $150, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $150, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $150, is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $150.

ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION

Sec. 7-3. Use of force in defense of other property.

(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

Sec. 7-9. Use of force to prevent escape.

(b) A guard or other peace officer is justified in the use of force, including force likely to cause death or great bodily harm, which he reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.

Sec. 7-12. Entrapment.

A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.

 

[NotMyFormer]

Just an update.
Had court today.
I didn't have to plead anything.
Have to complete 24 hours community service and a class and I won't have a record once I show documentation.
I had two doctor's notes. One from a psychiatrist and another from my psychotherapist.
Anyone else experience something like this? Is this common?

 

[thelawjournal]

Where this is not uncommon its also not the norm. Best wishes and be sure to follow all instructions to the letter so you can get case dismissed