Chicago, IL asked in Criminal Law for Illinois

Q: Given code to gate and email permission and text to take scrap manager says no. Warrant issued now theft/burglary?

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T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Illinois, if you were given a code to a gate and received email and text permission to take scrap, but a manager later denied this permission and a warrant was issued for theft or burglary, the situation becomes legally complex. The key issue revolves around the legitimacy and understanding of the permission granted. If you genuinely believed you had permission based on the communications received, this could be a defense against the charges of theft or burglary, as both crimes typically require intent to commit a crime without consent. However, if the manager's denial of permission is seen as more legally binding or if there's evidence suggesting you knew or should have known the permission was invalid or revoked, this could undermine your defense. The outcome would depend on the specific details of the communication, the timing of the manager's denial, and the interpretation of your actions in relation to this information.

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