charged with theft of services in IL

[irish77]

What is the name of your state (only U.S. law)? IL for charge, PA for residence.

I was in chicago one weekend visiting a friend. We were out at night and we all split up. I lost the group. I decided to get a cab back to my friends apartment. I realized half-way there that I had lost my ATM card and had no cash on me. I suggested to the cab driver that he take me to the apt and I would pay with a credit card. He wasn't having that and called the cops. I was picked up, processed, and released in the span of 2 hours. Charged with theft of services (720 5/16-3).

I know most lawyers will say you need a lawyer, but I have also been in touch with people that say that I can go to court, state what happened, defend myself and let the judge make the determination. It's considered a class A misdemeanor. Apparently things will be pretty cut and dry because it was less than 150.00 and does not carry a lot of severe punishments. I am taking it seriously even if it's not the crime of the century. I reported my ATM card stolen the next day and took cabs the very next day.

Two lawyers I spoke with said that I could get probation or if the cabby doesnt show the case could be dismissed. The clerk I spoke with today said this happens often times, but she didnt want to say that will happen for me obviously.

just looking for some guidance. like I said I already have a lawyer in the event I want to retain counsel. so please only give me your opinion.

thanks

 

[FlyingRon]

Your best bet would be have the lawyer negotiate with the cabbie/cab company to see if they can drop the complaint.

If not, I'd have him go and plead not-guilty.

 

[irish77]

Thanks for the suggestion. That was what I was going to go with before speaking to two lawyers who were friends of friends. They said since it was one charge I can go and defend myself. The state has to prove intent. More to the story was that I lost my ATM card that night, but did have sufficient funds. I asked the cabbie to take me to a second destination and he refused. I am jjust going to take this on my own. Lawyer said at worst I'll get a fine. At best the cabby wont even show. In any case, I'm not shelling out a dime just so someone can tell the same story I will be telling to the judge. The one lawyer said this was the most pathetic charge she's ever heard. I have to agree at this point. It's all about money...

 

[ReformedMan]

You're having a string of bad luck there irish. This definitely seems like a cabbie that had probably dealt with people that had already been on his last nerve and was looking for somebody to be the scape goat. Best of luck!

 

[xylene]

Why would the cabbie drive MORE after you declared you had no money?

 

[irish77]

thanks

Thanks Reformed....

xylene..The cabby should of driven me to another destination because I had cash & cards to pay him with at my place of residence that weekend. I actually did that when I was released from processing. I said, 'please wait here, here's my PA ID, I will be back down with a card to pay you...he waited, I paid. case closed....'

After speaking to a PD last night I'm not even worried about it. She said it will be virtually impossible for them to prove intent to steal when I entered that cab. I agree, I was probably on his last nerve, but instead of getting me arrested, he could of went with Plan A. In any case, I'm not worried about it because I honestly didn't realize I had lost my ATM card until it was too late.

I took 10 cabs that weekend. I paid all but one.