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Asked 439 days ago by a user from Elmhurst, IL

Is it wise to defend myself in a retail theft charge....was a mistake by myself yet store and police were not understanding.

Want to defend myself to save money, don't believe prosecutor can prove intent to steal......I walked out of a store with an unpaid item ($40.00 in value) by mistake. I feel this would be easy to defend since burden of proof would be on prosecutor?

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Answer 1 of 1 - Answered 423 days ago

Craig C Cunningham Attorney - Lawyer from Sycamore, IL

I would not advise defending yourself in any criminal prosecution. I understand that you are trying to make this sound simple, but actually the State's Attorney, who is the prosecutor does not have to demonstrate intent in the way you described. I am a former State's Attorney. I am a former prosecutor right here in Illinois. In fact, I am a former prosecuting State's Attorney in your area of Elmhurst, Illinois. I recommend that you speak with an Attorney with 20 years experience in criminal law, such as myself. You should always have an attorney representing you in a criminal prosecution such as this. Disclaimer: Please note that the answer provided above is intended only to be a general answer to a question provided on legaljet.com and is in no way intended to be taken and/or relied upon as legal counsel, guidance, or advice. Furthermore, this answer does not nor is it intended to create an attorney-client relationship. it is always suggested that you seek counsel from a local attorney who practices in the area in which you are seeking assistance.

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