Tuesday, April 12, 2011

Should You Find Yourself Facing Criminal Prosecution for Retail Theft / Shoplifting in Chicago, or Throughout Illinois, Then Immediately Consult With an Experienced Criminal Defense Lawyer, or You Could Be Paying More Then Piper

As a criminal defense lawyer in Chicago, it seems that every day I get calls from potential clients who have been arrested for retail theft, or what you may call shoplifting. Most of the people are very nice and are quite embarrassed. These men and women are also concerned about the potential consequences of an arrest for retail theft offense. To be honest they should be, it can be quite trying. For any of you out there considering taking merchandise from a retail store without paying for the items, don't do it! For those that have already been arrested for shoplifting / retail theft crime, then the following summary will provide a look at what may lie ahead.

In Illinois, retail theft is defined as taking items offered for sale in a retail store without paying the full price of the items. The most common violation of this law involves individuals that conceal items and then walk out of the store without paying for the items. Some individuals pay for some items while concealing and not paying for other items. A less common violation involves switching of price tags, and then paying a price lower than the store offers the item for sale. Though they may seem like minor crimes, all of these violations are criminal offenses and can lead to arrest, prosecution, and even county jail.

Most people arrested for retail theft are charged with a Class A misdemeanor. In Illinois, a Class A misdemeanor is punishable by up to 364 days in jail and a fine of up to $2,500 or both. If the person arrested stole items with a retail value of over $300 they can be charged with a Class 3 felony, punishable by from 2-5 years in the Illinois Department of Corrections and a fine of up to $25,000 or both. If the person arrested has a prior retail theft on their record, the prosecutor can elect to charge the person with a Class 4 felony, punishable by from 1-3 years in prison and fine of up to $25,000 or both.

Fortunately, most people arrested for retail theft are not given the maximum sentence or fine. In fact, if properly represented, there are many options available to stay out of jail, avoid a large fine, and possibly have everything expunged and erased from your record. For example, in Chicago IL and other Cook County courts, first time offenders of retail theft are sometimes offered an opportunity to take part in a theft deterrent program. This program typically involves a one-time, four hour class. The purpose of which is to discourage first time offenders from shoplifting ever again. At the conclusion of the class, each person attending receives a certificate of completion. At the next court date, your criminal defense lawyer presents the client's certificate of completion and the case is then dismissed. This is a great opportunity to avoid a lifetime of living with a criminal conviction on your record. Even convictions as minor as shoplifting can present problems for current or future employment, or make it difficult for getting approved by the board or association in a place you would like to reside.

Should you find yourself facing criminal prosecution for retail theft / shoplifting, you should immediately consult with an experienced criminal defense lawyer. A skilled and knowledgeable criminal attorney will guide you more easily through the process and give you the best opportunity to avoid jail, large fines and a criminal record.

Monday, April 11, 2011

Chicago Criminal Defense Case Action Plan

Civil Rights and the Criminal Law
( A Step-By-Step Checklist From Arrest To Arraignment )





Just been arrested? Don’t panic; help is at hand. If you find yourself charged with a crime in Chicago, you will need a Criminal Lawyer in Chicago with the right experience to defend you; whether your crime is drug trafficking charges in Cook County, IL, or white collar crimes in Cook County. Whatever you have been charged with, Criminal Lawyer Andrew Weisberg – a specialist in Chicago Criminal Defense– demonstrates a wealth of experience in Criminal and Civil Law to help bring your case to justice. The following article is designed to summarize your experiences from arrest to arraignment during which a Criminal Attorney in Chicago comes to your rescue, and how a Criminal Lawyer in Chicago will approach your case and help you to continue with your life.

What happens when I find myself under arrest in Chicago?


When an individual is arrested by a member of the Police Force on suspicion of committing a criminal or civil offense (e.g. a white collar crime in Cook County, or a drug trafficking charge in Cook County, IL), the person charged with the offense is taken to the nearest Police Station to be charged with a crime.
The arrest process
1. Arrest; The initial charge and subsequent arrest take place.
2. Booking; this is the official way of recognizing that you have been charged with a crime and are to be temporarily detained as a result.
3. Bail Hearing; once you have been charged, arrested and booked, you will then proceed to the next stage; Bail. When an individual is on remand, waiting to be tried, they will appear before a Criminal Court.

 
During a Bail Hearing

• The Criminal Court judge reads out the charges against you.
• You will be identified as ‘the Defendant’ during this process.
• The judge will ask if you have legal representation, or if you are in need of a state-appointed legal representative.
• You will be asked (and must answer) to the charges; either ‘guilty’, ‘not guilty’ or ‘no contest’.
• The judge will set a Bail amount (a fee which must be levied otherwise you will await your court hearing in a penal or remand institution), or will permit you to remain free while awaiting trial. They may also decide to release you entirely.
• The judge appoints a court date for your hearing.

 
What Are My Rights? 

In the event that you find yourself charged with a crime, don’t panic. You have rights as a Citizen of the United States, and it is important to ascertain that the correct legal processes are adhered to.
You have the right to;
• A Defense Counsel.
• A jury trial date within a reasonable time.
• The 5th Amendment Right against self-incrimination.
• The 6th Amendment Right to confront witnesses giving evidence against you.
• The Right not be tried on multiple occasions for a single crime.

 
How Will Your Criminal Lawyer in Chicago Resolve Matters?

The next move is tactical; your Criminal Lawyer in Chicago will analyze the charges against you and decide how best to proceed. Your Attorney will weigh up the evidence against you, your criminal history (if one exists), your character and the applicable case law (past cases of a similar nature to your own which have been recently decided) and will evaluate whether to enter a plea of ‘guilty’ or ‘not guilty’ to the court.