Juvenile Shoplifting Offenses

Juvenile Shoplifting Offenses: A Guide for Parents and Teens

Shoplifting is a common offense committed by juveniles, but it can have serious consequences. As a parent, it’s important to understand how these cases are handled so you can best support your child. This article provides an overview of juvenile shoplifting laws, penalties, and defense strategies in Illinois.

What is Shoplifting?

Shoplifting, also called retail theft or larceny, is the act of taking merchandise from a store without paying for it. This can include behaviors like:

• Concealing items in a bag, pocket or under clothes
• Switching price tags
• Not scanning items at self-checkout
• Charging purchases to someone else’s account without permission

Shoplifting becomes a juvenile offense when the person committing it is under 18. It’s considered a delinquent act rather than a criminal offense.

Prevalence of Juvenile Shoplifting

Shoplifting is one of the most common crimes committed by juveniles. According to the Office of Juvenile Justice and Delinquency Prevention, over 175,000 juveniles were arrested for larceny-theft offenses in 2019 alone.

Many kids shoplift on a dare or to fit in with peers. Sometimes it stems from deeper issues like depression, trauma or substance abuse. Understanding the root causes can help prevent repeat offenses.

How Juvenile Cases Are Handled

When a minor is caught shoplifting, the store has a few options:

• They may give a warning and release the child to a parent or guardian.
• They may call the police, who will often just give a stern warning at the station before releasing the child to a parent.
• They may press charges, in which case the child will have to go through juvenile court proceedings.

If charged, the case stays in juvenile court rather than adult criminal court. The goals are education and rehabilitation rather than strict punishment.

An adjudication hearing is held rather than a trial. If the minor is found “delinquent,” the judge determines appropriate penalties.

Common Penalties for Juvenile Shoplifting

• Restitution – Paying the store for the stolen merchandise. This is very common.
• Community service – Performing volunteer work, often related to the offense. For example, cleaning up around the store.
• Counseling – Seeing a counselor or therapist, individually or with family.
• Diversion programs – Completing an education course, community service hours, school attendance, etc. to avoid adjudication.
• Probation – Abiding by rules set by the court like obeying curfews, attending school, etc. Probation usually lasts 6-12 months.
• Fines – Monetary fines paid to the court. Restitution is usually paid first.
• Driver’s license suspension – Even if the minor doesn’t have a license yet, eligibility can be suspended for 6 months or more.
• Juvenile detention – Confinement in a juvenile facility. This is rare for minor first offenses.

The judge has wide discretion based on factors like age, prior record, cooperation, and severity of the offense.

Shoplifting Charges and Records

The juvenile court process aims to provide accountability without permanently damaging the minor’s future prospects. However, shoplifting charges and records can still cause problems down the road depending on the state.

• Most states keep juvenile records confidential, but there are exceptions. Colleges and employers may be able to access records in some cases.
• Some states make juvenile records public when the minor turns 18. However, expungement may be possible. An attorney can advise on this.
• Shoplifting can be grounds for denial of federal college aid through the FAFSA form. This can last for 1-2 years.
• The offense remains on a minor’s juvenile record permanently in some states like Illinois. While the records are sealed, they can still be accessed by courts, law enforcement and military.

Retailer Policies on Juvenile Shoplifting

Most major retailers have special policies in place for dealing with juvenile shoplifters:

• Walmart – Employees are instructed not to apprehend minors caught shoplifting. They will notify parents and police. Police then decide whether to press charges.
• Target – They do not contact police for first-time offenders caught stealing merchandise under $25. The child is banned from stores for 90 days and parents are notified.
• Home Depot – They contact police and parents but generally do not press charges for minor first offenses. The child will be banned from Home Depot locations.
• Best Buy – They contact police regarding juvenile shoplifting but do not always push for criminal charges. The child is banned from Best Buy.

Knowing store policies provides insight into how they may handle the situation if your child is caught.

Hiring a Juvenile Defense Lawyer

While juvenile court aims for rehabilitation, the penalties can still be life-altering. Having an experienced criminal defense attorney can make all the difference. A lawyer can help by:

• Advocating for diversion programs instead of adjudication when possible
• Negotiating the least damaging penalties
• Ensuring proper procedures are followed to keep the case in juvenile court
• Investigating any illegal search and seizure or interrogation issues
• Sealing records once the case is resolved

Although some parents handle juvenile cases alone to save money, a lawyer is highly recommended. The costs of not defending the case properly could follow your child for years.

Tips for Parents of Shoplifters

As a parent, you play a crucial role in getting your child back on the right path after shoplifting:

• Remain calm – Getting angry may discourage your child from opening up about underlying issues.
• Talk it through – Have an open conversation about what led to the behavior and how to make better choices.
• Enforce consequences – Set reasonable discipline like grounding without being overly harsh.
• Get help if needed – Seek counseling for any mental health or substance abuse factors.
• Keep close tabs – Monitor your child’s activities, peers and whereabouts more diligently.
• Emphasize ethics – Reinforce the importance of honesty and respect for others.

With support and guidance, even good kids can learn from youthful mistakes. Handled properly, a shoplifting incident can become a valuable life lesson rather than a catastrophe.

Conclusion

Juvenile shoplifting is common but has real legal consequences. While juvenile court aims to rehabilitate rather than punish, penalties like probation, fines and license suspension can still follow a child. Hiring an experienced criminal defense lawyer can help minimize damages. With proper parental support, even good kids can learn and grow from their mistakes. Taking the time to understand juvenile shoplifting laws and policies allows parents to better guide their children back onto the right path.