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Aggressive. Experienced.
Skokie Criminal Defense Attorney
Former Cook County Felony Prosecutor
Theft of Lost or Mislaid Property
Theft of Lost or Mislaid Property Charges in Skokie, Illinois
Theft of lost or mislaid property is a criminal offense in Illinois that can result in significant legal consequences, including fines, jail time, and a permanent criminal record. If you are facing charges of theft of lost or mislaid property in Skokie, it is crucial to understand the nature of these charges, the potential penalties, and the importance of securing experienced legal representation to protect your rights and future.
What Constitutes Theft of Lost or Mislaid Property?
Under Illinois law, specifically 720 ILCS 5/16-2, theft of lost or mislaid property occurs when an individual comes into possession of property that has been lost or mislaid by its rightful owner and, instead of making a reasonable effort to return the property to the owner, knowingly keeps it for their own use or benefit. Key elements of this offense include:
Possession of lost or mislaid property: The property in question must have been lost or mislaid by the owner, meaning the owner unintentionally left it behind.
Knowledge of ownership: The individual must know, or have reason to believe, that the property belongs to someone else.
Failure to return the property: Instead of making an effort to find the rightful owner and return the property, the individual keeps the property for personal use or benefit.
Penalties for Theft of Lost or Mislaid Property in Skokie
The penalties for theft of lost or mislaid property in Illinois depend on the value of the property involved:
Class B Misdemeanor: If the value of the property is less than $500, the charge is typically a Class B misdemeanor, with penalties including up to 6 months in jail and fines up to $1,500.
Class A Misdemeanor: If the value of the property is between $500 and $10,000, the charge may be elevated to a Class A misdemeanor, with penalties including up to 1 year in jail and fines up to $2,500.
Class 4 Felony: If the value of the property exceeds $10,000, the charge can be elevated to a Class 4 felony, with penalties including 1 to 3 years in prison and fines up to $25,000.
Permanent criminal record: A conviction for theft of lost or mislaid property will result in a permanent criminal record, which can impact your ability to find employment, secure housing, and maintain personal relationships.
Defending Against Theft of Lost or Mislaid Property Charges in Skokie
Given the potential consequences of a conviction, it is essential to mount a strong defense against charges of theft of lost or mislaid property. Some potential defense strategies include:
Lack of intent: The prosecution must prove that you knowingly kept the property with the intent to deprive the owner of it. If you intended to return the property or were unaware of its value, the charges may be reduced or dismissed.
Reasonable effort to return: Demonstrating that you made a reasonable effort to locate the rightful owner and return the property can be a valid defense.
Mistaken identity: If you were wrongly identified as the person who took the property, presenting evidence of mistaken identity or an alibi can be crucial.
Violation of rights: If your rights were violated during the investigation or arrest, such as through unlawful search and seizure, it may be possible to suppress key evidence, weakening the prosecution’s case.
Why Choose Andrew M. Weisberg as Your Skokie Defense Attorney for Theft of Lost or Mislaid Property?
Andrew M. Weisberg is a highly experienced criminal defense attorney with a deep understanding of Illinois law and a proven track record of defending clients against charges like theft of lost or mislaid property in Skokie and throughout Cook County. His background as a former prosecutor provides him with unique insights into the prosecution’s strategies, enabling him to build a strong and effective defense tailored to your case.
Contact Andrew M. Weisberg for a free consultation today at (847) 350-1266 to discuss your case. With his dedication to protecting your rights and fighting for the best possible outcome, Andrew is the advocate you need in these challenging legal circumstances.
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