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The Consequences of Theft in Illinois
Finding desired merchandise at your favorite store can be very easy, and it may be tempting to take it without paying. However, if you do not pay for a product, or if you take property that is not yours, there may be consequences that you have to face, as theft is not taken lightly by criminal courts in Illinois
What Is Theft?
Theft is defined as the act of a person illegally taking another person's property or services without permission or consent. A person may deliberately obtain unauthorized control over the owner’s property by deception or threat. Theft can also be defined as the act of a person taking control over property that was previously stolen, with that person already having the knowledge of the stolen property.
The Consequences of Theft
There are several consequences when a person gets caught stealing property, depending on the severity of the crime, with the charges applying to the State of Illinois.
Former UCLA Basketball Player Speaks About Shoplifting Charges
The National Association for Shoplifting Prevention estimates that more than $13 billion worth of goods are stolen from retailers each year. Even more shocking, approximately one in 11 people will shoplift at some point in their lives. Many of the people who shoplift never get caught, but those who do face serious legal consequences.
There are a numerous reasons that a people choose to steal an item from a store. Some may be in serious financial trouble and unable to afford the item or they may simply not wish to pay for it. Others may be influenced by peer pressure or steal in order to impress those with them. Many people shoplift because they believe that it is a victimless crime. Whatever the reason, shoplifting is illegal and doing it can be devastating to a person’s future.
An Eventful Overseas Trip
A college basketball player who had dreams of one day playing for the NBA is facing a much different future after making a mistake many college-aged people make. The young man was visiting China with fellow teammates when the group decided to visit a Louis Vuitton store. The man claimed that his teammates began taking items from the store without the intent to pay for them. He explained that he then started taking items as well because he saw his teammates do it. "We all went out one night, went to the malls…people started taking stuff, and then, you know, me just not thinking and being with them, I took something too," he said.
I Have Been Arrested on Shoplifting Charges, Now What?
The National Association for Shoplifting Prevention reports that over 10 million people have been caught shoplifting in the last five years. Even more surprising, they estimate that about one out of every 11 people in the U.S have shoplifted. Many people consider shoplifting to be "no big deal" or even see it as a rite of passage for young people. The truth is that retail theft is a crime, and depending on the circumstances, can result in serious criminal penalties.
What is Considered Shoplifting?
The most common example of shoplifting occurs when a person attempts to take merchandise from a store without paying for it. He or she may hide the items in a coat or bag while shopping and then attempt to leave the store without paying for those items. Often, a loss prevention officer (LPO), or an employee who is tasked with preventing shoplifting, confronts the person attempting to steal from the store.
Illinois Burglary Laws: The Basics
The terms burglary, breaking and entering, robbery, and theft often get used interchangeably, and some confusion about the meaning of the terms exists. If you have been charged with burglary, you are probably unsure of what will happen next or what punitive consequences you may face. Read on to learn about burglary charges in Illinois and how a criminal defense attorney can help you fight these charges.
Burglary Occurs When Someone Trespasses with Intent to Commit a Crime
The Illinois Criminal Code provides the technical definition of burglary. "A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft." Put simply, a person who enters or remains on another person’s property without permission and intends to steal something or commit another crime on that property is committing burglary. Someone who breaks into a property but does not attempt to steal something or has no other criminal intent will usually only be charged with trespassing or another lesser crime.
The Sneaky Methods Thieves Are Using to Shoplift
Retail theft costs American retailers over $40 billion each year in lost revenue. Stores must constantly be on the lookout for individuals who attempt to conceal products and leave the store without paying for them. Even with advances in security systems and vigilant loss prevention officers carefully observing patrons, stores continue to see increases in shoplifting.
Each year, more and more individuals are apprehended for stealing. Some retailers blame the increase in organized retail crime for the increase in theft losses each year. Many instances of shoplifting are not carried out by individuals but instead organized teams of thieves who work together to steal items from the store and sell them. Another method of shoplifting which is quickly gaining popularity is the use of "booster bags" which are designed to beat the in-store security systems. If you have attempted this or other methods of retail theft, you may face serious punitive consequences.
Marijuana Decriminalization Bill Passes Senate
The future of the debate over marijuana decriminalization in Illinois will soon be in the hands of Governor Bruce Rauner after a bill cleared the state Senate earlier this month. The proposed law would decriminalize low-level possession of marijuana in the state, making such possession punishable as a civil offense, similar to a traffic ticket. Possession of larger amounts, as well as the illegal production and trafficking of marijuana would remain prosecutable in the criminal system, but the law is seen by many as a reasonable approach to a contentious topic.
"Serious criminal penalties should be reserved for individuals who commit serious crimes," said Representative Kelly Cassidy, D-Chicago, who introduced the in the state House earlier this year. "Criminalizing people for marijuana possession is not a good use of our state’s limited law enforcement resources." The bill was passed by the House in April, and was recently approved in the Senate by a vote of 37-19.
State Considering Sanctions Against Medical Marijuana Producer for Marketing Campaign
After nearly two years of bureaucratic delays and litigation over licensing, Illinois finally seems poised to get its medical marijuana pilot program off the ground. Throughout the summer, approved cultivation centers have been preparing their first legally-produced crops in anticipation of harvesting them and making them available to dispensaries as early as this month. A company planning to get into the cultivation business, however, may be in hot water with the state over an announced public outreach campaign.
Public Marketing
Cresco Labs, while looking to open cultivation centers in Joliet, Kankakee, and Lincoln, recently unveiled marketing plans designed to spread the message regarding medical marijuana in print ads, billboards, radio spots, social media, and health publication notices. The more visual advertisements feature the shape of Illinois prominently with healthy lifestyle images, along with messages like "Welcome to a state of relief." The company logo is also present along with a referral to Cresco’s website for more information.
Registered Illinois Medical Marijuana Users Nearing 5,000
Despite taking nearly two years to get underway, the medical marijuana test program is off and running around Illinois. State officials are reporting that February was the program’s best month to date, with sales numbers approaching $1.5 last month. This brings total sales revenue to more than $4.4 million since the statewide program launched on November 9, 2015.
Increased Availability
When sales of medical marijuana first began in November, it started on a very small scale, with only a handful of registered dispensaries open for business. Today, the number of licensed retail outlets in the state has more than quadrupled, with 29 dispensaries now open, including two that just opened their doors in February. Most notably, one of the largest facilities in the state began operation in Springfield last month, making medical marijuana legally available in the state capital for the first time.
Lawmakers Give Marijuana Decriminalization Another Chance
As more states around the country are beginning to reconsider the criminal prosecution of low-level marijuana possession, the debate continues here in Illinois as well. Despite last year’s bipartisan efforts to decriminalize the possession of small amounts of the drug, the measure stalled when Governor Bruce Rauner took issue with limits that he found too permissive and fines that he thought were too lenient. The topic is now back under consideration by the state Senate as part of an omnibus bill which may see a vote as early as next month.
Lower Possession Threshold, Higher Fines
Compared to last year’s legislation, this year’s version is a little stricter. The bill proposes to make possession of up to 10 grams of marijuana—down from 15 grams—a civil offense, on par with a traffic violation. Last year, Governor Rauner thought the proposed fines of $55 to $125 to be too low, so the current measure would allow the financial penalties to range from $100 to $200, dependent upon the circumstances of the offense. The governor’s office has expressed its general approval regarding lawmakers’ cooperation with Rauner’s requests, and "will continue monitoring the legislation."
Marijuana Decriminalization Goes Back to Governor
For the second time in two years, Illinois Governor Bruce Rauner will have to decide whether or not to approve legislation that would make low-level possession of marijuana a civil offense rather than a crime. Last summer, the Republican governor used his amendatory veto authority to rewrite the proposed decriminalization measure, reducing the amount of marijuana to be considered low-level and increasing the punitive fines. Last year’s bill eventually stalled before making it back to the governor’s desk, but this year’s version also includes the changes Rauner made a year ago.
Current Legal Guidelines
Under existing Illinois law, if you possess or use marijuana, you are subject to criminal prosecution unless you have been formally approved for participation in the state’s medical cannabis pilot program. While many people may not think of marijuana possession as a serious crime, possession of up to 2.5 grams is a Class C misdemeanor, and up to 10 grams constitutes a Class B misdemeanor. Anything more than 10 grams is a may be prosecuted as a felony depending upon your conviction history, and potential penalties are increased if you are found to have intent to deliver.
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