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Archive for the ‘private person arrest statute’ tag

Detained for Shoplifting? Know Your Legal Rights in Illinois

December 5th, 2017 at 3:55 pm

allegedly shoplifting, private person arrest statute, Rolling Meadows criminal defense attorney, shoplifting, criminal defenseDid you know that when a security guard at a mall in Illinois detains someone who is suspected of shoplifting, the guard is actually making a citizen’s arrest? In other words, he or she is acting as a private citizen and is therefore bound by our state’s private person arrest statute just like anyone else who makes a citizen’s arrest.

Citizen’s Arrests: The Basics

In Illinois, our private person arrest statute is codified in code section 725 ILCS 5/107-3 and states, “Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed.” Therefore, a store’s security guard (or any other person for that matter) is legally within his or her rights under Illinois law to arrest you if he or she reasonably believe that you are shoplifting.

In order for his or her suspicion to be reasonable, he or she generally must have seen you take merchandise, or have been alerted to the fact that you have merchandise on your person when a security tag sounded.

However, it should be noted that what the court finds to be a reasonable belief in one situation may not hold up under different circumstances and that a local criminal defense lawyer should review the facts of your case in order to determine whether or not your detention was proper.

Your Rights

If you are detained for allegedly shoplifting, remember that you have rights and try to keep your wits about you no matter how stressful the circumstances may be. For instance, do not feel pressured to sign anything. Those who detain you may try to pressure you into signing a statement admitting your guilt; you are under no legal obligation to sign such a document. Furthermore, if the person who detained you did so without possessing the requisite legal grounds, then you may be able to file a claim against them for false imprisonment.

Additionally, if the police are ultimately called remember that you have the right to remain silent. They can ask you questions; however, beyond identifying yourself, you are not legally obligated to answer them. Also, keep in mind that if you are arrested by the police you have the right to speak to a lawyer and that if you are under 18 you have the right to have a parent or legal guardian present when you talk to the police.

Need Legal Advice?

Accused of shoplifting in Illinois? If so, contact The Law Offices of Christopher M. Cosley without delay. Shoplifting is often thought of as a minor offense for which violators are given only a slap on the wrist, but be warned that in Illinois that is not always the case!

Depending on the facts surrounding your arrest a shoplifting conviction could mean spending significant time behind bars. Do not bury your head in the sand; be proactive and contact our office to schedule a consultation with an experienced Rolling Meadows criminal defense attorney today.

Source:

https://www.law.cornell.edu/wex/citizens_arrest

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