Theft

May 12, 2024

Defending Against Shoplifting Criminal Charges in Chicago

by Law Offices of David L. Freidberg, P.C.

Shoplifting is a common criminal charge in Chicago, encompassing a range of actions from stealing merchandise to altering price tags. The consequences of a shoplifting conviction can be significant, affecting not only legal records but also future employment opportunities and social reputation. Understanding the nuances of Illinois law regarding shoplifting, including how to defend against such charges, is essential for anyone involved in such a case.

Understanding Shoplifting Under Illinois Law

In Illinois, shoplifting is legally referred to as retail theft and is governed by the Illinois Compiled Statutes 720 ILCS 5/16-25. This law defines retail theft as knowingly taking possession of, carrying away, transferring, or causing to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail establishment with the intention of retaining such merchandise or depriving the merchant permanently of the possession, use, or benefit of such merchandise without paying the full retail value.

April 30, 2024

Defending Against Identity Theft Charges Under ILCS 5/16-30

by Law Offices of David L. Freidberg, P.C.

Identity theft is an increasingly prevalent issue that affects countless individuals, leading to significant financial and personal repercussions. In Illinois, the legal statutes surrounding this offense are detailed in 720 ILCS 5/16-30, which provides a comprehensive framework for prosecuting identity theft crimes. This article will explore the specifics of the law, including the relevant legal definitions, potential penalties, and effective defense strategies.

Legal Definitions and Scope of Identity Theft in Illinois

720 ILCS 5/16-30 – Identity Theft Law:

April 28, 2024

Possession of Lost or Stolen Credit or Debit Cards Under 720 ILCS 5

by Law Offices of David L. Freidberg, P.C.

Possession of Lost or Stolen Credit or Debit Cards Under 720 ILCS 5

In Illinois, possessing lost or stolen credit or debit cards is a criminal offense that can lead to severe penalties, including hefty fines and incarceration. Under the Illinois Compiled Statutes, specifically 720 ILCS 5/16-1.5, this offense is treated with stringent legal measures to combat financial fraud and protect personal financial information. This article delves into the intricate details of this statute, exploring legal definitions, potential penalties, and effective defense strategies for those accused of such offenses.

Legal Framework Under 720 ILCS 5/16-1.5

April 15, 2024

Understanding the Rights of Store Employees and Customers in Suspected Shoplifting Incidents

by Law Offices of David L. Freidberg, P.C.

In retail settings, incidents of suspected shoplifting are not uncommon, and how they are handled can significantly vary from one store to another. Customers often wonder about their rights and whether a store employee can legally prevent them from leaving the premises on suspicion of shoplifting. Let’s now explore the legal boundaries and responsibilities of both store employees and customers under such legal circumstances.

Legal Framework Surrounding Detainment for Shoplifting

Store owners and their employees have a certain amount of legal protection under what is generally known as the “shopkeeper’s privilege.” This privilege allows them to detain suspected shoplifters on the store premises for a reasonable amount of time, provided they have probable cause to believe that shoplifting has occurred. The key elements here are “probable cause” and “reasonable amount of time,” both of which must be clearly justified to avoid potential legal consequences such as claims of false imprisonment or harassment.

July 14, 2023

Chicago Man Charged With Carjacking

by Law Offices of David L. Freidberg, P.C.

A Chicago man has been charged with carjacking from an incident that occurred last March, according to a recent press release. The incident occurred in Mount Prospect, and Mount Prospect police initiated the arrest. According to the report, the incident occurred at 11 p.m. on March 19, 2022. A white Hyundai Santa Fe was stolen in the 1800 block of North Burning Bush Lane. The vehicle was recovered in Chicago three days later and was towed to Mount Prospect police headquarters. A stolen license plate was found affixed to the vehicle. The suspect was apprehended after fingerprint analysis on the license plate matched the suspect’s. The suspect’s bail was set at $200,000.

Vehicular Hijacking Charges

With the rise in carjackings all across the nation, authorities have been cracking down and filing charges against suspected carjackers. The State of Illinois takes carjacking very seriously. It is punishable by a sentence of either 4 to 15 years or when conditions can be considered aggravated, a term of 6 to 30 years. In some cases, carjacking charges can have enhancements that include the possibility of life in prison.

June 16, 2023

Woman Faces Charges for Looting During George Floyd Protest

by Law Offices of David L. Freidberg, P.C.

A 31-year-old Chicago woman pleaded guilty to weapons charges in connection with an arrest related to looting during the George Floyd protests. She was charged with the possession of a firearm by a felon after officers spotted her in the doorway of a bar. The woman was found in possession of about $5,000 in stolen jewelry as well as an illicit handgun. The tags were still attached to the jewelry, which had been looted from a nearby store.

The defendant had been sentenced previously for aggravated robbery, which is a felony. The felony on her record would bar her from owning a gun. The charge could lead to a maximum sentence of 10 years in prison. However, her attorney announced they would be looking for a sentence in the three-to-five years range.

Being a Felon in Possession of a Weapon

June 14, 2023

Car Thefts Reach Record High in Chicago

by Law Offices of David L. Freidberg, P.C.

After social media videos disseminated online showed how certain models of vehicles can be hotwired, reports of car thefts have skyrocketed in the Chicago area. Criminal experts say that the boom in car thefts is only partly related to the videos, and carjackings and similar crimes are also accounting for a spurt in car thefts. While data released relates to Chicago, the same can be said of major cities all across the U.S., with some putting the uptick as high as 20%.

Security cameras caught the theft of high-end vehicles from a repair shop, a novel approach to stealing cars. The owner of the repair shop said they had six or seven guys jimmying the locks, which allowed them to overpower the locking devices and break into the repair shop.

Car Theft Statistics by State

May 31, 2023

Two Charged in Attempted Carjacking

by Law Offices of David L. Freidberg, P.C.

The victim in this case shot and wounded one of the suspects in an attempted carjacking. The crime occurred in the 7600 block of Cicero Ave near the Ford City Mall, according to the report. The victim, who was 24, was approached by two suspects, one of whom was carrying a handgun. The suspect allegedly fired at the victim, who produced their own handgun and fired back. Police said the victim was legally authorized to carry a weapon and had a valid FOID/CCL license. The victim is not being charged with a crime in this case.

Self-Defense

In this case, the victim has a valid claim of self-defense since the suspect was found carrying a weapon and discharged that weapon. But not all cases of self-defense are so cut-and-dried. In many cases, a victim can be charged with a crime for discharging their weapon in public or even attempted murder.

December 7, 2022

Organized Retail Crime Task Force Announces Recovery of Stolen Items

by Law Offices of David L. Freidberg, P.C.

Since retail theft crimes have become a major problem across the U.S., the Chicago police department has initiated a sprawling effort to reduce the overall number of retail thefts and ensure the prosecution of those who are caught. An Illinois man has since been charged with eight counts of non-probational felony theft and four counts of probational felony theft.

Theft crimes have become a political battlefield, and today, it is common to find different jurisdictions throughout Illinois enforcing different rules pertaining to local ordinances. It was assumed that the rules were overly harsh and antiquated. A defendant could face felony charges for the theft of $150 in merchandise. Today, the threshold is much higher, but the pressure on law enforcement has increased as retail theft crimes become more commonplace and organized. Today, the only way to get a felony by stealing $150 in merchandise is if you steal gasoline from a fuel pump.

Analyzing the New Initiative

November 2, 2022

Justice Department Announces Charges Against Catalytic Converter Ring

by Law Offices of David L. Freidberg, P.C.

The Justice Department announced charges against 21 individuals involved in an organized theft of catalytic converters. From 2018 to 2020, catalytic converter thefts skyrocketed by nearly 700%. Catalytic converters are now big money due in large part to the precious metals used in the manufacture of devices. They are designed to convert harmful gas emissions created by your vehicle into non-harmful gas emissions that reduce smog and protect the environment. Without a catalytic converter, your car will not run properly, either. As the value of these precious metals has increased over the past few years (think inflation), catalytic converters are becoming a prime target for thieves.

As of right now, some states have moved to place catalytic converters on a list of restricted items that require ownership documentation and provenance to exchange. Others have yet to pass legislation addressing the thefts of catalytic converters, but as the situation worsens, chances are likely that more states will join in to include catalytic converters on lists of restricted items.

The 21 individuals charged in the ring lived in nine separate states. 32 search warrants were executed, and millions in assets were seized as a part of the investigation.