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I was charged with retail theft because the self-checkout machine was faulty. I have 2 prior misdemeanor retail theft convictions from 25 years ago. What can I do to prove I didnt intentionally steal and can the convictions from 25 yrs ago effect my case. (total amount allegedly stolen was only $ 40) Also - I received a letter from the place regarding a civil suit for restitution ($250). They want the money before my court date. So technically I'm still innocent until proven guilty right?! Should I pay ?
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Criminal Law Attorney serving Naperville, IL
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Law Office of Ken Wang
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Talk to your attorney on how you would prove you didn't intentionally steal. This is a very fact specific question.
Two retail theft convictions from 25 years ago permits the State to "enhance" your Retail Theft to a felony offense. It is a class 4 Felony, punishable by a maximum fine of $25,000 and 1-3 years in the Illinois Department of Corrections.
A civil suit is not a criminal suit, therefore there is no "presumption of innocence". Whether you should pay the civil demand letter or not is a question you should ask your attorney.
Answered on Jan 27th, 2014 at 3:46 PM