Can You Be Arrested for Accidentally Forgetting to Pay?

 Posted on October 22, 2025 in Theft

Forgetting to pay can happen to anyone. Maybe you were distracted by your phone or rushing to get home. Even though it was an honest mistake, store employees or police may see it differently. In Illinois, even small misunderstandings can sometimes lead to criminal charges. You could be accused of theft even if you did not mean to steal. If you are facing this situation, a Wheaton, IL theft defense attorney at Davi Law Group, LLC can help you fight the charges.

Common Situations Where People Forget To Pay

Most cases of accidental nonpayment start with simple mistakes. They may seem harmless, but stores often treat them seriously. Common examples include:

• Leaving a self-checkout station without scanning one or two items

• Walking out of a store with something still in a stroller, basket, or pocket

• Accidentally driving off after fueling up

• Leaving a restaurant after assuming someone else in your group paid the bill

In each of these cases, the key issue is intent. A simple mistake is not the same as a deliberate act. Sometimes, proving that difference requires legal help.

What Is the Difference Between a Mistake and Theft?

Illinois law, under 720 ILCS 5/16-1, separates honest mistakes from intentional theft. The statute says that theft happens when a person knowingly takes or controls someone else’s property and intends to keep it or permanently deprive that person of it.

Note the words "knowingly" and "intends." You need to have knowledge of the theft and intend to commit it to be charged. If you forgot to pay or left a store without realizing you still had an item in your possession, that does not meet this definition.

However, if you hide merchandise, avoid cameras, or refuse to cooperate, that might indicate you intended to illegally take something. The facts of each situation matter. You need a lawyer who understands how to tell your side of the story.

Can the Police Still Arrest You if You Accidentally Stole Something?

Police officers often act based on what the store reports. If an employee believes you tried to steal or if the security footage looks suspicious, the police may respond as if a crime occurred. Even if you try to explain that it was a mistake, they might still arrest you until more facts are known.

If you are stopped or questioned, stay calm. You have the right to remain silent and to ask for a lawyer. What you say can later be used against you, even if you meant no harm. An attorney can speak with the police on your behalf and help explain that the situation was an accident, not a crime.

How Do You Prove That You Did Not Intend To Steal?

Under 720 ILCS 5/4-3, Illinois law says prosecutors must show beyond a reasonable doubt that you acted "knowingly" or "intentionally." Intent can be hard to prove because it involves what was in your mind at the time. Evidence that your attorney might use to demonstrate what your state of mind was at the time and to help fight the charges can include:

• Security footage showing that you were distracted or unaware at the time

• Witness statements confirming that you appeared confused, forgetful, or distracted

• Receipts or purchase records showing your normal buying habits

• Proof that you returned to the store or offered to pay as soon as you noticed

Even a quick reaction after realizing the mistake can help show that you never intended to steal anything.

What Are the Possible Penalties for Theft in Illinois?

The penalties for theft depend on the value of what was taken and where it happened. Taking property worth less than $500 is usually a Class A misdemeanor. A conviction under 730 ILCS 5/5-4.5-55 can result in up to one year in jail and a fine of up to $2,500.

If the value is higher or if the theft happened at a school, government office, or place of worship, the charge can become a felony. Felonies carry much more serious consequences, including longer prison terms and larger fines.

Jail and fines are not the only consequences. Even a misdemeanor conviction may appear on background checks and make it harder to find a job or rent an apartment. Your best chance at avoiding conviction is an attorney with experience defending against theft charges.

Can Someone Still Press Charges Even if You Offer To Pay?

Unfortunately, offering to pay will not always solve the problem. Once a store files a police report, the case often goes to the state’s attorney, who decides whether to press charges. The store itself cannot always drop the charge.

However, your offer to pay can still help. It shows that you are being honest and that your actions were not intentional. Your lawyer can contact the prosecutor early and try to resolve the matter before formal charges are filed. Sometimes, they can prevent the case from moving forward or negotiate a solution that avoids court.

What Will an Illinois Criminal Defense Lawyer Do for Your Case?

Your lawyer’s first job is to learn what happened. This means reviewing the evidence, such as security footage or witness statements, and looking for anything that proves your mistake was unintentional. A thorough investigation involves examining police conduct to ensure no one violated your rights as well.

Attorneys are experienced negotiators. Often, they can talk to the prosecutor to reduce or dismiss the charges. Even if the case cannot be dismissed, your lawyer can work to keep the penalties as light as possible.

Contact a DuPage County, IL Criminal Defense Attorney for a Free Consultation

An honest mistake does not make you a criminal. The focus on intent gives us a strong foundation to defend you.

At Davi Law Group, LLC, founding attorney Dion U. Davi created his firm to provide affordable, reliable legal help for the people of Northern Illinois. As a former prosecutor, he understands how the legal system works and will use that knowledge to defend you. He and his team have helped hundreds of people through difficult legal situations with compassion and aggressive representation.

If you or someone you know has been accused of theft after an honest mistake, contact us at 630-580-6373 to schedule a free consultation with a Wheaton, IL theft defense lawyer today. Se habla Español.