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California Lawyer
California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1043
Experience:  Licensed to practice law in California
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I have a couple of questions today I was at carson pirie

Customer Question

Hi my name is***** have a couple of questions today I was at carson pirie scott shopping with my son I was going to go buy a co worker a gift Chanel no5 which she wanted I then later saw other perfume which I was walking around trying to locate a cart had the perfume under my arm later i scan to see what the price was but really wasn't sure if I wanted it or not because it wasn't what she wanted I then find a cart put it in the cart and other items I purchase a coach wallet then I told my son to put the shirt I had in cart back but forgot the perfume was in the cart as I was walking out slowly texting on phone then two guys approached outside telling me to follow him for taking perfume I explained I wasn't stealing I just realize I had it they stated they was watching me but why I was walking in the store looking trying to determine if I wanted to buy such a small bottle for that amount of money my question is will I be fined plus court cost or put on probation really not sure how IL laws work plus it's my first offense ever doing something so stupid especially having my son with me such an imbarressment to me I would never do anything like this. I also offered the store to pay for the perfume which security guard refused. Please help thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  California Lawyer replied 1 year ago.


I'll try and help. I'm assuming this was under $300 and as such is a class A misdemeanor. In addition to criminal penalties, an adult shoplifter may be held liable in a civil lawsuit for the retail value of the stolen merchandise, damages between $100 and $1,000, attorney fees, and court costs.

That said, for many nonviolent crimes, such as theft, pretrial diversion is an option. To qualify for diversion, you must be willing to admit your guilt and offer a guilty plea, which the court will hold without a final judgment while you participate in a program similar to probation for a period of time. Requirements may include making restitution to the victim, attending an educational program and performing community service. If you successfully complete the program, the court will dismiss the charge against you and expunge the record of your arrest. This means that you will never be convicted of any crime, and even the record of your arrest will no longer be available to the public.

It is impossible to know the facts of your case here, but if you feel the case against you is strong, I would looking into diversion as with a little effort it will allow you to ultimately clear your name/record. Do not plead guilty before you explore these options as they differ from court to court.

I hope this helps.


Customer: replied 1 year ago.
Hi do you saying I would face jail time since it's my first offense but may be sentence to an educational program or community service if not those be put on probation but have to pay fines and pay the store the valve is $100. So would I need an attorney to represent me in court? Or I just hear judge out and plea guilty with diversion?
Customer: replied 1 year ago.
Sorry typo so you are saying I wouldn't face jail time since first offense right?
Expert:  California Lawyer replied 1 year ago.


In a diversion plea, you plead guilty and then essentially go on probation with conditions. No jail. If you follow all those conditions and have no more incidents, then at the end of the term, the court dismisses your case.

You can probably do this in court if you talk with the prosecutor. There is likely a program in place.


Customer: replied 1 year ago.
Okay thanks for your help