Facing Shoplifting Allegations in Cicero? Here’s What You Need to Know
Cicero, Illinois, is a vibrant community just west of Chicago that offers a wide range of shopping opportunities, from small local businesses to larger retail chains. While this environment provides convenience for shoppers, it also leads to shoplifting allegations that can have serious legal consequences. Being charged with shoplifting in Cicero is more than just an embarrassment; it can result in severe penalties, including jail time and a criminal record. If you are facing these charges, understanding Illinois’ retail theft laws and your defense options is critical.
Illinois Retail Theft Laws Explained
Retail theft is defined under 720 ILCS 5/16-25, and it covers a variety of actions that aim to deprive a retailer of the full value of their merchandise. These actions include physically taking items without paying, altering price tags, under-ringing items, and failing to return rented property within the agreed time frame. Illinois law also criminalizes the possession of theft detection shielding devices and tools used to disable security tags.
The penalties for shoplifting in Illinois depend on the value of the merchandise and any prior convictions. For merchandise valued at less than $300, the offense is generally classified as a Class A misdemeanor, which can result in up to one year in jail and fines of up to $2,500. However, if the value of the items exceeds $300, the offense is elevated to a Class 4 felony, punishable by one to three years in prison and fines up to $25,000. Repeat offenders or cases involving aggravating factors, such as the use of sophisticated tools, can face enhanced charges and harsher sentences.
Retail theft charges also often come with civil penalties. Illinois law allows retailers to file civil claims against individuals accused of shoplifting, seeking restitution for the value of the items and additional damages.
The Criminal Process for Shoplifting Cases
Shoplifting cases usually start when a retailer suspects that theft has occurred. Loss prevention officers often detain the accused and contact law enforcement, who may arrest the individual or issue a citation requiring a court appearance. The formal criminal case process begins with an arraignment, where the accused is informed of the charges and has the opportunity to plead guilty or not guilty.
The case then moves into the discovery phase, where both the prosecution and defense gather and exchange evidence. During this phase, your attorney will review the evidence, including surveillance footage, witness statements, and any recovered merchandise, to identify weaknesses in the prosecution’s case. Depending on the strength of the evidence, your attorney may negotiate with prosecutors to reduce the charges or seek alternative sentencing options.
Evidence in Retail Theft Cases
Evidence in shoplifting cases often includes surveillance footage from the store, witness statements from employees or customers, and physical evidence such as the items allegedly stolen. Retailers may also provide transaction records or inventory logs to demonstrate discrepancies in their merchandise.
If law enforcement officers searched the accused’s belongings to recover the alleged stolen items, it is essential that the search was conducted legally. Unlawful searches or seizures can result in the evidence being suppressed, potentially leading to a dismissal of the charges. Your attorney will closely examine how the evidence was obtained and challenge any procedural errors.
Legal Defenses for Shoplifting Charges
Several defenses can be used to fight shoplifting charges. Lack of intent is one of the most common, as the prosecution must prove that the accused knowingly and intentionally took or altered merchandise to avoid paying its full value. For example, accidentally walking out of the store with an unpaid item in your cart may not constitute theft if there was no intent to steal.
Other defenses include mistaken identity, challenging the credibility of witnesses, or disputing the accuracy of video footage. If law enforcement violated your constitutional rights during the investigation, such as by conducting an illegal search, your attorney can file a motion to suppress the evidence.
Call Us Today For Your Free Consultation
If you are facing shoplifting charges in Cicero, 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 Cicero and the surrounding areas, including Cook County, DuPage County, Will County, and Lake County. Let us fight to protect your rights and your future.