Articles Tagged with shoplifting

In retail settings, incidents of suspected shoplifting are not uncommon, and how they are handled can significantly vary from one store to another. Customers often wonder about their rights and whether a store employee can legally prevent them from leaving the premises on suspicion of shoplifting. Let’s now explore the legal boundaries and responsibilities of both store employees and customers under such legal circumstances.

Legal Framework Surrounding Detainment for Shoplifting

Store owners and their employees have a certain amount of legal protection under what is generally known as the “shopkeeper’s privilege.” This privilege allows them to detain suspected shoplifters on the store premises for a reasonable amount of time, provided they have probable cause to believe that shoplifting has occurred. The key elements here are “probable cause” and “reasonable amount of time,” both of which must be clearly justified to avoid potential legal consequences such as claims of false imprisonment or harassment.

clem-onojeghuo-173534-copy-300x205Shoplifting is classified under the theft statutes. The key provisions are contained in statutory instrument number 720 ILCS 5/16-1. It is at the lower end of the crimes of dishonesty but can still be prosecuted and lead to terms of imprisonment. Over the years, there have been many changes that were designed to reform the regime. For example, there are some new sophisticated techniques for shoplifting that may not have been covered by the original statutes in Chicago. That is why defense attorneys have to ensure that they are up to date with the latest versions of the law. This is one of the most prosecuted crimes not because of its seriousness but rather its frequency of occurrence. Shoplifting is an occupational hazard for marketplaces because there are always people who want to take things without paying for them.

Contrary to popular belief, this is not a crime that is consigned to the lower orders of society. Rather, it cuts across, and there have been instances of perfectly wealthy people who have been caught shoplifting. Sometimes, it is a case of temporary economic deprivation; other times, the defendant may be suffering from psychosocial problems such as kleptomania. It is imperative that the defense attorney explores all the possible explanations before the client is either found guilty or sentenced. The existence of a recognized condition might be a mitigating factor in such cases. It is also important to advise the client not to accept higher charges in order to avoid appearing in court because the resultant criminal record can become a hazard.

Protections for the Defendants

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