Orland Park Theft of Lost or Mislaid Property Lawyer

Tinley Park Theft Charges Defense Attorney

In Illinois, there are a variety of laws that address theft. While these cases generally focus on situations where money or property is directly taken from a person or location, the laws also extend to situations where a person finds lost or mislaid property. Many people are unaware that finding, keeping, and/or reselling someone else's property, even if it appears abandoned, can lead to criminal charges. The offense of theft of lost or mislaid property is a serious matter in Illinois, and understanding the legal implications is crucial for anyone who finds themselves in this situation.

At Issa Law, LLC, we understand how Illinois law applies to people charged with property crimes. We can help develop effective defense strategies in these situations, and we will work to help avoid a conviction whenever possible. We are ready to provide a strong defense while working to protect the rights of our clients.

What Constitutes Lost or Mislaid Property?

• Lost Property: This generally refers to items that are found in locations where they would not ordinarily be. For example, finding a wallet stuffed with cash, credit cards, and identification in a trash can or on a street corner is considered discovering lost property. The nature of the location makes it clear that the item was likely lost by the owner and was not intentionally placed there.
• Mislaid Property: On the other hand, mislaid property is found in a place where it is reasonable to believe that the owner placed it intentionally but then forgot to retrieve it. An example of this could be finding a wallet left on the counter of a fast-food restaurant. The wallet was likely set down by the owner and inadvertently left behind, rather than dropped or discarded.

When a person comes across lost or mislaid property, their actions afterward determine whether they are simply a finder or if they could be charged with theft. When someone gains control over property that does not belong to them, knows or learns the identity of the rightful owner (or a way to identify them), and then fails to take reasonable steps to return the property while intending to permanently deprive the owner of its use, they could be charged with a criminal offense. It is a misconception to believe that finding an item gives the finder automatic ownership rights. The law is clear: the original owner's rights remain intact, and failure to respect those rights can lead to significant legal consequences.

Elements of the offense

For someone to be charged with theft of lost or mislaid property, several elements must be present:

• Control Over the Property: The person must obtain physical possession or control over the lost or mislaid item.
• Knowledge of the Owner's Identity: The person either knows the identity of the owner, learns it through some means (such as through identification found with the item), or becomes aware of a reasonable method to identify the owner.
• Failure to Take Reasonable Measures: Despite knowing or being able to identify the owner, the person fails to take reasonable steps to restore the property to its rightful owner.
• Intent to Permanently Deprive: The person intends to keep the property permanently, thus depriving the owner of its use or benefit.

Penalties for Theft of Lost or Mislaid Property

The penalties for theft of lost or mislaid property will generally depend on the value of the item(s) in question:

• Class B Misdemeanor: If the value of the property is $500 or less, the offense is typically charged as a Class B misdemeanor. This is the least severe classification, and a person may face a sentence of up to six months in jail and fines up to $1,500.
• Class A Misdemeanor: For property valued at more than $500 but not exceeding $10,000, the offense may be upgraded to a Class A misdemeanor. A person may face penalties of up to one year in jail and fines up to $2,500.
• Class 4 Felony: If the value of the stolen property exceeds $10,000, the offense may be charged as a Class 4 felony. A person who is convicted may face one to three years in prison and fines up to $25,000.

Probation and/or court supervision may be available in these cases.

Contact Our DuPage County Property Crimes Lawyer

For legal help with theft charges, contact us by calling 708-966-2408 and scheduling a consultation.