Retail Theft charge in Illinois, help!?

Question

My husband is charged with Retail Theft under $150 which is a misdemeanor. He took a bottle of perfume from JC Penny and it was his first time to run into problems with the law. My question is what will happen now? He doesn't speak English very well, and when he signed the papers saying that he did it intentionally he wasn't exactly informed of what he is signing. He was told that they can get him someone who does speak Polish but that last time when they did it, this person was unable to translate anything that was needed, or explain anything, or answer any questions. He was arrested and his court date is coming up. Is there anyone that this will not go on his criminal record? Please help.

Answer 1

He has a class A misdemeanor.

Punishable by up to 364 in jail and 2,500 fine.

Although he won't do jail time you really need to be aware of this law in Illinois - they are going to send you a heafty bill

(720 ILCS 5/16A‑7) (from Ch. 38, par. 16A‑7)

    Sec. 16A‑7. Civil Liability.

    (a) A person who commits the offense of retail theft as defined in Section 16A‑3 paragraphs (a), (b), (c), or (h) 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.

(Source: P.A. 93‑329, eff. 7‑24‑03.)  

Answer 2

Go back to the court and talk with the Clerk of the Court. Explain that your husband was confused , get a lawyer :