Chicago Criminal Lawyer Blog
Protecting Your Rights Against Shoplifting Charges in Arlington Heights, Illinois
Arlington Heights, a thriving suburb northwest of Chicago, is renowned for its vibrant downtown, welcoming neighborhoods, and popular retail centers. While its bustling economy provides numerous shopping opportunities, it also sees a fair share of retail theft accusations. If you or someone you know has been charged with shoplifting in Arlington Heights, the consequences can be severe, affecting your record and future. At The Law Offices of David L. Freidberg, we provide aggressive and tailored defenses to protect the rights of individuals facing these charges.
Understanding Retail Theft Under Illinois Law
Illinois law defines shoplifting, legally referred to as retail theft, under 720 ILCS 5/16-25. This statute covers a range of offenses beyond physically taking an item without paying. Retail theft occurs when someone knowingly:
- Takes merchandise with the intent to deprive the retailer of its full value.
- Alters or removes a price tag to pay less than the marked price.
- Uses a theft detection shielding device to avoid setting off alarms.
- Engages in under-ringing, where items are deliberately scanned at lower prices.
- Fails to return rented property within the agreed-upon timeframe.
Each act is treated as a serious crime, and charges can escalate based on the value of the stolen goods and the accused’s prior criminal record.
Penalties for Retail Theft in Illinois
Penalties for retail theft depend on the value of the merchandise involved. If the value of the items is less than $300, the offense is considered a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500. However, if the stolen merchandise is valued at $300 or more, the offense is upgraded to a Class 4 felony, which carries a potential prison sentence of one to three years and fines up to $25,000.
Repeat offenses also lead to enhanced penalties. For instance, an individual with prior retail theft convictions may face felony charges for stealing goods valued under $300. The use of tools or devices to avoid theft detection can elevate the charges regardless of the value of the items involved.
How Shoplifting Cases Begin
Shoplifting cases often start with observations by store employees or loss prevention officers. In Arlington Heights, many retail establishments use advanced surveillance systems and security protocols to monitor customers. Once suspected, the individual may be detained by store personnel and questioned until law enforcement arrives. Police officers may then conduct an investigation, which often includes reviewing surveillance footage, interviewing witnesses, and searching the accused’s belongings.
An arrest follows if law enforcement believes there is enough evidence to support the claim of retail theft. After being taken into custody, the accused may be released on bail or their own recognizance, depending on the severity of the charges.
Evidence Used in Shoplifting Cases
In shoplifting cases, the prosecution typically relies on:
- Video surveillance footage: Store cameras are often a primary source of evidence.
- Statements from witnesses or store employees: Testimonies about the incident or the accused’s actions.
- Recovered merchandise: Items allegedly stolen and found in the possession of the accused.
- Intent indicators: Concealment of items, tampered price tags, or attempts to bypass payment stations.
A defense attorney reviews this evidence meticulously, looking for inconsistencies, procedural violations, or weaknesses in the prosecution’s case.
The Criminal Defense Process in Illinois
Once arrested, the defendant must attend an arraignment, where charges are formally presented, and a plea is entered. If the case proceeds, the discovery phase allows both sides to gather and exchange evidence. Pretrial motions may challenge the legality of the arrest or seek to exclude improperly obtained evidence.
During the trial, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. A strong defense strategy involves scrutinizing the evidence, presenting alternative explanations, and highlighting flaws in the prosecution’s case.
The Importance of Hiring a Shoplifting Defense Attorney
Having a criminal defense attorney significantly increases your chances of a favorable outcome. An attorney protects your rights, negotiates with the prosecution, and works to achieve reduced charges or alternative sentencing options like probation or community service. Without legal representation, you may inadvertently make mistakes that weaken your defense or lead to harsher penalties.
Contact Attorney David Freidberg Today For Your Free Consultation
If you’re facing shoplifting charges in Arlington Heights, Illinois, act now to protect your rights and future. 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 defend clients in Arlington Heights, Cook County, and surrounding areas.
