 |
|
|
 |
New Member
|
|
Apr 9, 2010, 06:35 AM
|
|
Question regarding Retail theft
Hi,
I made a STUPID mistake recently nad was charged with retail theft in the state of Illinois.. I got a ticket from a police officer.
The ticket is titled "Non Traffic Complaint and Arrest Ticket"
The ticket says "Without admitting guilt, I promise to comply with the terms of this citiation and individual bond."
I was asked to sign on the ticket saying that all charges are true. The ticket says that I need to pay $250 to the city.
There is also a Notice on the ticket which says "The court will issue a warrant for the arrest of any defendant who has failed to
appear to answer an arrest ticket duly served upon him and upon which a complaint has been duly filed".
There is also a section in the ticket that says
Appearance Plea of Guilty and Waiver
I, the undersigned, do hereby enter my appearance on the complaint of this offense, charged on the ticket. I have been informed of
My right to a trial, that my signature to this plea of guilty will have the same force anf effect as a judgement of court.
I do hereby PLEAD GUILTY to said offense as charged, WAIVE my right to a HEARING by the court, and agree to pay the
Penalty prescribed for my offense."
My questions are:
What should I do?
Is this a misdemeanor?
I am ready to pay $250. If I send the amount, will my case be closed?
If this ticket ever go on my record?
If somebody does a background check, will this ticket show up?
Please advise.
- Rex
|
|
 |
New Member
|
|
Apr 9, 2010, 09:21 AM
|
|
Thank you.
Regarding my question about "Is this a misdemeanor?"
I was given a citation by the police officer. Will I get a warrant asking me to appear in court? Will I be convcted? I am really scared.
|
|
 |
Uber Member
|
|
Apr 9, 2010, 09:26 AM
|
|
 Originally Posted by RajP123
Hi,
My questions are:
What should I do?
Is this a misdemeanor?
I am ready to pay $250. If I send the amount, will my case be closed?
If this ticket ever go on my record?
If somebody does a background check, will this ticket show up?
Please advise.
- Rex
If you don't want to go before a Judge and/or have a trial on this charge, yes, sign and return the ticket with your fine ($250). You may still owe restitution to the store.
Yes, paying the fine within the time limit ends/closes the case BUT if is a guilty plea on your arrest record. If the fine is $250 this is undoubtedly a misdemeanor.
The ticket doesn't go on your criminal record. The arrest and guilty plea do and, yes, that record can be accessed by anyone doing a background check.
|
|
 |
Uber Member
|
|
Apr 9, 2010, 09:27 AM
|
|
 Originally Posted by admin_atf
What should I do?
(Get a Lawyer)
Is this a misdemeanor?
(Probably hard to say with your post)
I am ready to pay $250. If I send the amount, will my case be closed?
(it appears so but consult an Attorney)
If this ticket ever go on my record?
(I am sure it will)
If somebody does a background check, will this ticket show up?
(Probably)
There is a website called ********* there are experts ther that can answer your questions
We take pride in our answers on the legal boards and your advice is not legally sound.
|
|
 |
Uber Member
|
|
Apr 9, 2010, 09:28 AM
|
|
 Originally Posted by RajP123
Thank you.
Regarding my question about "Is this a misdemeanor?"
I was given a citation by the police officer. Will I get a warrant asking me to appear in court? Will I be convcted? I am really scared.
If you fail to appear and/or pay the fine, yes, a warrant will be issued for you.
If you take care of the ticket within the time frame there will NOT be a warrant issued.
Whether you will be convicted depends on whether you stole and/or what proof the retailer has. No one here has that info.
|
|
 |
-
|
|
Apr 9, 2010, 09:39 AM
|
|
 Originally Posted by JudyKayTee
We take pride in our answers on the legal boards and your advice is not legally sound.
What is not "sound" about my answer?
|
|
 |
New Member
|
|
Apr 9, 2010, 09:51 AM
|
|
 Originally Posted by JudyKayTee
If you don't want to go before a Judge and/or have a trial on this charge, yes, sign and return the ticket with your fine ($250). You may still owe restitution to the store.
Yes, paying the fine within the time limit ends/closes the case BUT if is a guilty plea on your arrest record. If the fine is $250 this is undoubtedly a misdemeanor.
The ticket doesn't go on your criminal record. The arrest and guilty plea do and, yes, that record can be accessed by anyone doing a background check.
Many Thanks for your reply JudyKayTee. How can I get the record removed? Should I consult a lawyer? I am looking for employment. Is this a serious offence where employers will refuse to hire me.
|
|
 |
Uber Member
|
|
Apr 9, 2010, 09:52 AM
|
|
 Originally Posted by admin_atf
What is not "sound" about my answer?
What should I do? (Get a Lawyer)
Is this a misdemeanor? (Probably hard to say with your post)
I am ready to pay $250. If I send the amount, will my case be closed? (it appears so but consult an Attorney)
If this ticket ever go on my record? (I am sure it will)
If somebody does a background check, will this ticket show up? (Probably)
There is a website called retailtheftanswers.org there are experts ther that can answer your questions
Your answers are all conjecture - "... Probably hard to say;" "... it appears so but ...;" "Probably." I see no facts. I see no legal advice or opinion.
There is no need to advertise another site - there are, in fact, experts here (by education, training experience) who know the answers to this relatively simply matter.
And the OP does not need an Attorney unless he wants to fight this matter. It is a very simple situation.
I have asked before that you post your research before you give legal advice and I am still waiting for your response - https://www.askmehelpdesk.com/crimin...ml#post2298597.
Again, the legal threads are not "how I feel boards" where opinions differ. They are advice boards.
|
|
 |
-
|
|
Apr 9, 2010, 09:55 AM
|
|
 Originally Posted by JudyKayTee
What should I do? (Get a Lawyer)
Is this a misdemeanor? (Probably hard to say with your post)
I am ready to pay $250. If I send the amount, will my case be closed? (it appears so but consult an Attorney)
If this ticket ever go on my record? (I am sure it will)
If somebody does a background check, will this ticket show up? (Probably)
There is a website called retailtheftanswers.org there are experts ther that can answer your questions
Your answers are all conjecture - "... Probably hard to say;" "... it appears so but ...;" "Probably." I see no facts. I see no legal advice or opinion.
There is no need to advertise another site - there are, in fact, experts here (by education, training experience) who know the answers to this relatively simply matter.
And the OP does not need an Attorney unless he wants to fight this matter. It is a very simple situation.
So your advising the OP to pursue this without the aid of an Attorney! Now who isn't giving sound advice. By the way even if licensed its against the law to practice law without being licensed in state of incident. Giving advice (legal advice) over the internet crosses that line
|
|
 |
Uber Member
|
|
Apr 9, 2010, 10:00 AM
|
|
 Originally Posted by RajP123
Many Thanks for your reply JudyKayTee. How can I get the record removed? Should I consult a lawyer? I am looking for employment. Is this a serious offence where employers will refuse to hire me.
Some of this depends on how thorough a background investigation is done.
If you plan to work in retail or handle money, yes, it certainly could haunt you.
I don't know if it is a serious offense other than it would bring your honesty into question. I'm sure you can understand that.
It never "hurts" to retain an Attorney. With the right Attorney this can be settled without going on your arrest record.
In some Courts if you are very, very and honestly sorry the Judge will be understanding, reduce the charge (although keeping the fine the same) and give you a break. In other Courts Judges will not.
Again - it is never a bad idea to be represented by counsel. Take a look at the circumstances and then decide.
|
|
 |
Uber Member
|
|
Apr 9, 2010, 10:02 AM
|
|
 Originally Posted by admin_atf
So your advising the OP to pursue this without the aid of an Attorney!? Now who isnt giving sound advice. By the way even if licensed its against the law to practice law without being licensed in state of incident. Giving advice (legal advice) over the internet crosses that line
Please post the results of your research concerning how I am giving legal advice without being licensed as well as giving advice over the Internet "crossing that line."
Many of us who post here would like to know more about that. For that matter, so would my liability insurance carrier who feels the AMHD disclaimer and my personal disclaimer are sufficient. I suggest you read section II of the sites TOS: https://www.askmehelpdesk.com/faq.ph...#faq_faq_rules
And, yes, that's what I said.
And, by the way, it's "you're," a short form of you are, not your which indicates possession.
|
|
 |
New Member
|
|
Apr 12, 2010, 06:24 AM
|
|
 Originally Posted by JudyKayTee
If you don't want to go before a Judge and/or have a trial on this charge, yes, sign and return the ticket with your fine ($250). You may still owe restitution to the store.
Yes, paying the fine within the time limit ends/closes the case BUT if is a guilty plea on your arrest record. If the fine is $250 this is undoubtedly a misdemeanor.
The ticket doesn't go on your criminal record. The arrest and guilty plea do and, yes, that record can be accessed by anyone doing a background check.
JudyKayTee,
I spoke to a lawyer over the phone and he said we should plead not guilty. He also said that we not pay the civil demand to the store because if we pay then that will be an admission of guilt.
If I do not pay then can the store lodge a criminal complaint?
I am very worried.
|
|
 |
-
|
|
Apr 12, 2010, 06:27 AM
|
|
You have a court date a criminal complaint has already been filed
|
|
 |
Uber Member
|
|
Apr 12, 2010, 07:17 AM
|
|
 Originally Posted by RajP123
JudyKayTee,
I spoke to a lawyer over the phone and he said we should plead not guilty. He also said that we not pay the civil demand to the store because if we pay then that will be an admission of guilt.
If I do not pay then can the store lodge a criminal complaint?
I am very worried.
You have already been charged - that's why you got the ticket.
I would believe the Attorney who is familiar with the laws in your area and the specifics of your case.
|
|
 |
Uber Member
|
|
Apr 12, 2010, 07:18 AM
|
|
 Originally Posted by admin_atf
You have a court date a criminal complaint has already been filed
You have made a serious accusation against me concerning practicing law without a license. I have responded.
Please post your research - as I requested.
|
|
 |
Junior Member
|
|
Apr 13, 2010, 02:24 PM
|
|
I would follow the lawyers advise,worry about the criminal charge and when that issue is resolved,then decide what to do about the civil demand. Maybe the lawyer can arrange something that would avoid a criminal record.
|
|
 |
New Member
|
|
Dec 21, 2010, 12:01 PM
|
|
Hello
I was charged with retail theft but was not arrested the officer gave me a court date and told me to call a number a week before the court date I don't know if I should plead guilty or not because they don't have me recorded or anything camera the thing is I have finger printing for my immigration status before court date will that appear on immigration
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Retail theft
[ 2 Answers ]
What is the offense for a retail theft under 40 dollars, after they accused me of stealing personal pictures, I paid for them after the citation was given to contact the court. My question is will I get jail time for a first offense of a small amount of retail theft, even though I paid for the...
Retail Theft.
[ 8 Answers ]
Hello...
Well I applied to a job and I omitted the fact that I was charged with retail theft a few years ago. The thing is... I was not caught red handed and I never saw the supposed video tape that they said there was. I moved out of the area and they tracked me down and instead of fighting them...
Retail theft
[ 3 Answers ]
I quit my position at this retail store that I use to work for about one week and half ago.
2 days ago I received a call from the asset protection from the company regarding my recent departure from the company and they want me to call. The next day they called again and said that they are doing...
Retail Theft
[ 1 Answers ]
Hello, I committed retail theft a few years ago.
I admitted to my employer that I had been committing retail theft and I had to pay every cent I took back and write a formal letter of apology.
Will this go on my Criminal record?
I never got arrested or went to court for this matter?
Will...
Retail Theft question
[ 4 Answers ]
I am applying to nursing school. This is my second degree. It states on the application that I need to have a clear criminal record. I was arrested at age 18 for retail theft. It was a stupid teenage prank, but I know I was old enough to know better. This was in 1993. My record shows that I...
View more questions
Search
|