Chicago Criminal Lawyer Blog
Retail Theft Defense Lawyer in Hinsdale, Illinois – Protecting Your Future
Hinsdale, Illinois, is a picturesque village located in DuPage County, celebrated for its beautiful homes, vibrant downtown, and excellent schools. Despite its reputation as a safe and serene suburb, Hinsdale, like any community, is not immune to legal challenges. Retail theft, commonly referred to as shoplifting, is a frequent issue that can lead to severe legal consequences. Individuals facing retail theft charges often find themselves overwhelmed, unsure of what to expect, and concerned about their future.
Our Hinsdale retail theft defense lawyer at the Law Offices of David L. Freidberg has decades of experience defending individuals accused of retail theft in Hinsdale and throughout Illinois. With a comprehensive understanding of Illinois criminal law, we provide aggressive and compassionate representation to those in need.
Retail Theft Laws in Illinois
Retail theft is governed by 720 ILCS 5/16-25, which outlines several types of actions that qualify as criminal offenses. Under this statute, retail theft occurs when an individual knowingly takes possession of merchandise, alters price tags, or commits other actions designed to deprive a retailer of the full value of their goods. The law also includes failure to return rented or leased property and the use of theft-detection shielding devices.
The severity of retail theft charges depends on the value of the merchandise involved and the defendant’s criminal history. If the value of the merchandise is less than $300, the offense is classified as a Class A misdemeanor. This carries potential penalties of up to one year in jail and fines up to $2,500. When the value exceeds $300, or the individual has prior convictions, the charge is elevated to a Class 4 felony, punishable by one to three years in prison and fines of up to $25,000.
Repeat offenders face heightened scrutiny, with misdemeanor theft potentially reclassified as a felony. Additionally, Illinois law allows merchants to pursue civil damages for losses related to retail theft, creating further financial implications for those accused.
The Retail Theft Criminal Process
A retail theft case in Hinsdale often begins with an accusation from store employees or loss prevention officers. This can arise from surveillance footage, observations, or a misunderstanding at checkout. Once law enforcement is involved, the individual may be detained, questioned, and arrested. During this phase, law enforcement may collect evidence such as video footage, receipts, and witness statements.
The case progresses to an arraignment, where charges are formally presented, and the defendant enters a plea. From there, the discovery phase allows the prosecution and defense to exchange evidence. If a plea agreement cannot be reached, the case may proceed to trial, where the prosecution must prove the elements of retail theft beyond a reasonable doubt.
Penalties and Long-Term Consequences
Retail theft convictions carry immediate penalties such as jail time, fines, and mandatory restitution. However, the long-term consequences can be just as severe. A criminal record for theft can impact employment opportunities, professional licenses, housing applications, and personal relationships. Felony convictions are particularly damaging, as they remain on your record permanently and are not eligible for expungement in Illinois.
Legal Defenses for Retail Theft
Defending against retail theft charges requires a thorough understanding of the evidence and the circumstances of the case. Common defenses include lack of intent, mistaken identity, and procedural errors during the arrest or evidence collection. A skilled defense attorney can challenge surveillance footage, witness credibility, and the prosecution’s ability to prove intent, creating reasonable doubt in the minds of the judge or jury.
Call Us Today For Your Free Consultation
If you are facing shoplifting charges in Hinsdale, 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 Hinsdale and the all of Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us fight to protect your rights and your future.
