Legal Question in Criminal Law in Illinois

I recently was arrested for theft from a restaurant. A friend and stole a vacuum from the restaurant (with intent on returning it more as a practical joke) my friend ran out with the vacuum and he threw it in my car and I drove away. Received a call to come in to the police station the next day the detective said we would talk about the situation and to bring a $100 incase we get charged with a misdemeanor. I talked to the district manager and he informed me that he didn't want to ruin our lives and have this go on our record and he would drop the charges as long as community service was given or we had some sort of punishment he just didn't want it on our record. The district manager told me when i came in to the PD to call him and he would talk to the detective. Upon arriving the detective wasn't there and I informed the officer of the situation and he didn't care he just booked me for the theft. I didn't even know i was getting arrested they just brought me a room and handcuffed me and came back 2 hours later asking if i had $100 to bail myself out. When I go to court, if the district manager doesn't show up for court will it be dropped or will i still have to enter a plea and get an attorney? On the paper I have for the charge it says the detectives name, on behalf of buffalo wild wings. So does that mean that the district manager have to show up for court or does the detective?


Asked on 10/29/10, 7:36 am

1 Answer from Attorneys
Stephen Messutta

Gotcha. The most critical thing you omitted telling us is what you actually said to the officer at the police stationwhen you say "I informed the officer of the situation" because if you admitted your crime you can be convicted through the officer's testimony -- it's called a "confession". Now if you didn't confess...and the officer is not an eye witness to the actual "theft", the State can't make out its case. But if the restaurant manager shows up, you can be convicted, and it sounds like he is the one who managed to get you to confess in the first place. Get a lawyer because it sounds like you've already gotten yourself into enough hot wings.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/03/10, 8:18 am


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