Illinois
I was arrested for retail theft. I went into a grocery store when i found out that I had got a raise at work. Happy, i was going to treat myself to a steak and a bag of good coffee. I had no cart to put the items in because that is all i planned to get. After getting the items i thought i better get some pop also. While walking over to the pop isle i place the steak and coffee in my coat. this way i could carry the case of pop.
When i got to the pop i noticed that the price must have been wrong. I approached a store clerk and asked about the cost. He said it was wrong and he would fix it. He said he would go get it for me. I told him, "I will get it later" then walked away from him with the intent to go get a cart to put my two items in along with the pop when i went back. I also figured I would get some fresh mushrooms to go with my steak. When I started to walk away to get a cart and the mushrooms, the store clerk told me "Come with me sir". I told him i was not done shopping. I told him i needed a cart because I wanted more stuff. I turned around and again began to walk and get a cart. Again the clerk said come with me sir. I asked him what this was about and he said you know why sir. I was brought to an office and the police were called. I told them I had not finished shopping, that I wasnt trying to leave the store, that I didnt even walk toward the exit or through or past the checkout . What are my chances of beating these charges ?
does the state statue apply ? can I win this case ?
(720 ILCS 5/16A‑4) (from Ch. 38, par. 16A‑4)
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.
(Source: P.A. 80‑352.)
I was arrested for retail theft. I went into a grocery store when i found out that I had got a raise at work. Happy, i was going to treat myself to a steak and a bag of good coffee. I had no cart to put the items in because that is all i planned to get. After getting the items i thought i better get some pop also. While walking over to the pop isle i place the steak and coffee in my coat. this way i could carry the case of pop.
When i got to the pop i noticed that the price must have been wrong. I approached a store clerk and asked about the cost. He said it was wrong and he would fix it. He said he would go get it for me. I told him, "I will get it later" then walked away from him with the intent to go get a cart to put my two items in along with the pop when i went back. I also figured I would get some fresh mushrooms to go with my steak. When I started to walk away to get a cart and the mushrooms, the store clerk told me "Come with me sir". I told him i was not done shopping. I told him i needed a cart because I wanted more stuff. I turned around and again began to walk and get a cart. Again the clerk said come with me sir. I asked him what this was about and he said you know why sir. I was brought to an office and the police were called. I told them I had not finished shopping, that I wasnt trying to leave the store, that I didnt even walk toward the exit or through or past the checkout . What are my chances of beating these charges ?
does the state statue apply ? can I win this case ?
(720 ILCS 5/16A‑4) (from Ch. 38, par. 16A‑4)
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.
(Source: P.A. 80‑352.)
