Illinois Criminal Defense Legal Questions

Shops have something called a "million dollar stop" policy.  Basically, the idea is if the shopkeeper makes an unlawful stop, they could be sued and it could cost them a million dollars. Stopping someone once they are outside of the store is a way to be guaranteed they have stolen.  Under Illinois law, evidence that someone has taken an item from the store past the last point of sale can be considered evidence of intent to steal. Typically what happens in reality is this:  The store gets stolen from multiple times.  The first time, they don't realize it. The second time, they have a camera watching you and they follow you for as long as possible.  Otherwise, why would the manager follow you if you have not stolen?  So, they follow you until you walk out the door, at which point they make the stop.  That's why they let you steal multiple times - because they are rarely certain the first time that they have been stolen from.            ... Read More

Courts have held that a single eye-witness to an occurrence is enough to find a person guilty beyond a reasonable doubt of committing a criminal act.  The police need not interview the suspect or advise the suspect that they will issue a warrant.  The standard for the issuance of a warrant is "probable cause", which is one of the lowest burdens of proof in Illinois. If the testimony of one eye-witness is good enough for guilty beyond a reasonable doubt, it can be good enough for probable cause. The fact that the police failed to interview the suspect can be used as a potential cross-examination subject at trial though.  "Officer Humdum, isn't it true you didn't even bother to contact my client to hear his side of the story?  So you came and arrested my client when you only heard one side of the story?" etc.  A hitting or pushing is called a "Battery" in Illinois, which requires unauthorized physical contact of an insulting or provoking nature, or the causing of bodily harm through physical contact.        ... Read More

   There may be a possibility of having the evidence surpressed. An experienced criminal defense attorney should be contacted immediately. That lawyer can review the evidence, consult with you and determine if a pre-trial motion to suppress the evidence should be filed.    This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship between the parties.   Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More