carry heavy legal penalties

Strolling through a typical modern drugstore which sells everything from hairspray to toy sailboats, or a shopping mall where every shop seems bursting with merchandise, it’s possible to think, “No one will notice if I take a small item and don’t pay for it,” or, “It’s OK to get something even though I know my check will bounce.” Unfortunately, the grave error in thinking this might not become obvious until you are sitting in a police station charged with retail theft or deceptive practice.

Because of high theft rates, many businesses in DeKalb and elsewhere automatically prefer criminal charges in theft cases, irrespective of the amount of loss involved, be it $.15 or $1,500.

A person commits retail theft when he or she knowingly takes possession of merchandise held or offered for sale in a retail mercantile establishment with the intention of depriving the merchant permanently of its possession, use or benefit without paying the full retail value. A person also commits retail theft if he or she alters, transfers or removes labels or price tags from merchandise and attempts to purchase it for less than its full market value, or if he or she transfers merchandise from one container to another with similar intent.

etail theft of property which does not exceed $150 in value is a Class A misdemeanor. A person convicted of this charge can be jailed up to one year and/or fined up to $1,000. If the item(s) exceeds $150 in value, the offense is a Class 3 felony, punishable by possible imprisonment of 2-5 years. If a person is charged with a subsequent offense of any type of theft, the second offense is a felony, even if the amount taken is less than $150.

Merchants have a variety of methods to detect retail theft, including floor walkers, electronic sensor tags and hidden mirrors. The retail theft statute specifically authorizes “any merchant who has reasonable grounds to believe that a person has committed retail theft (to) detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time,” to request identification, make inquiry whether the person has unpurchased merchandise and/or to call the police.

Procedurally, a person accused of retail theft suffers the public embarrassment of detention, followed by formal arrest and booking, which can include mug shots and fingerprinting, and the posting of bond. Even in the best of circumstances, a person guilty of retail theft faces a fine and a possible criminal record.

The crime of deceptive practices includes several types of actions in which a person intends to defraud another party for his or her gain. One such deceptive practice occurs when a person writes a bad check with “the intent … to pay for property, labor or services of another.” A bad check is the common term used for the practice of issuing or delivering a “check or other order upon a real or fictitious (bank) depository for the payment of money” knowing the bank won’t honor the check. Writing a bad check to obtain goods or services is a Class A misdemeanor for a first offense, unless the value of property obtained in a single transaction, or in separate transactions within a 90 day period, exceeds $150, in which case the offense is a Class 4 felony. The penalty is 1-3 years of imprisonment. A subsequent conviction for this type of deceptive practice, regardless of the value of property, is also a Class 4 felony.

Under a new law a retailer also can collect civil penalties of up to $500 against someone who has failed to pay amounts due on a bounced check within 30 days of a written demand from the retailer for payment.

etail theft and writing bad checks are clearly not worth the risk. If you are arrested, promptly contact an attorney for assistance.