Aggressive Defense Against Retail Theft Charges in Schaumburg, Illinois
Schaumburg, located in Cook County, is a bustling community known for its thriving retail sector, including Woodfield Mall, one of the largest shopping centers in the United States. While Schaumburg’s vibrant retail environment contributes to its charm, it also leads to frequent accusations of retail theft. These charges carry serious consequences, and individuals accused of retail theft must act quickly to protect their rights. At The Law Offices of David L. Freidberg, our Schaumburg retail theft defense lawyer provides experienced legal representation to those facing retail theft charges in Schaumburg and throughout Illinois.
Retail Theft Laws and Penalties in Illinois
Retail theft, as defined under 720 ILCS 5/16-25, includes taking merchandise without paying, altering price tags, under-ringing items, and using theft detection shielding devices. Illinois law takes a firm stance against retail theft to protect merchants from financial losses. The penalties depend on the value of the merchandise and the defendant’s prior criminal record.
For merchandise valued at less than $300, retail theft is generally charged as a misdemeanor. However, when the value exceeds $300, or the defendant has prior convictions, the charges escalate to a felony. Felony convictions carry harsher penalties, including significant prison sentences and steep fines. Repeat offenders face particularly severe consequences, with even minor thefts prosecuted as felonies in some cases.
The Legal Process for Retail Theft Cases
Retail theft cases in Schaumburg begin when store personnel or security accuse someone of theft. Once law enforcement is contacted, an investigation is launched, often involving surveillance footage, witness statements, and the alleged stolen items. After sufficient evidence is gathered, the individual may be arrested and charged.
The case proceeds to arraignment, where the defendant enters a plea. From there, the prosecution and defense exchange evidence during the discovery phase. This phase is critical for your attorney to identify weaknesses in the prosecution’s case and develop a defense strategy. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the accused intended to commit theft.
The Importance of Evidence in Retail Theft Cases
Evidence plays a pivotal role in retail theft cases. Prosecutors rely on surveillance footage to establish the defendant’s actions, while witness testimony from store employees adds weight to the accusations. Physical evidence, such as the merchandise or tools allegedly used in the theft, is often presented in court.
Defense attorneys scrutinize this evidence for inaccuracies or procedural violations. For example, poorly maintained surveillance footage or contradictory witness accounts can undermine the prosecution’s case. Ensuring that evidence is handled and presented correctly is essential for both sides.
Defending Against Retail Theft Charges
There are several strategies for defending against retail theft charges. A lack of intent to steal is a common defense, particularly if the accused mistakenly left a store with unpaid items or believed they had paid. Challenging the admissibility or reliability of evidence, such as unclear surveillance footage, is another effective approach. Additionally, procedural violations, such as unlawful detention or improper handling of evidence, can lead to charges being dismissed or evidence excluded.
Having an experienced defense attorney is critical to navigating these defenses and achieving the best possible outcome for your case.
Call Us Today For Your Free Consultation
If you are facing shoplifting charges in Schaumburg, Illinois, act quickly to secure skilled legal representation. Contact the Law Offices of David L. Freidberg for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We proudly serve Schaumburg and the surrounding areas, including Cook County, DuPage County, Will County, and Lake County. Let us fight to protect your rights and your future.