Chicago Criminal Lawyer Blog
Understanding and Fighting Shoplifting Charges in Skokie, Illinois
Skokie, Illinois, is a bustling suburb just outside of Chicago, known for its vibrant shopping districts, including the iconic Old Orchard Mall. With a high volume of retail activity, accusations of shoplifting, or retail theft, are not uncommon. If you’re facing shoplifting charges in Skokie, it’s essential to understand the legal process and how a skilled defense attorney can make a significant difference in the outcome of your case.
Illinois Retail Theft Laws
Shoplifting is categorized as retail theft under 720 ILCS 5/16-25 of the Illinois Criminal Code. This law defines various forms of theft, including:
- Removing merchandise from a store without paying.
- Altering or switching price tags to pay less than the full retail value.
- Under-ringing items at a register or self-checkout.
- Using a theft detection shielding device to bypass security systems.
- Failing to return leased or rented property.
Retail theft applies to a wide range of actions, not just walking out of a store with unpaid items. For example, intentionally scanning a lower-priced item instead of the correct product at a self-checkout station is considered retail theft.
Penalties for Shoplifting in Skokie
The penalties for shoplifting in Illinois depend on the value of the stolen merchandise. Items valued at less than $300 typically result in a Class A misdemeanor, which carries up to one year in jail and fines of up to $2,500. For merchandise valued at $300 or more, the charge becomes a Class 4 felony, punishable by 1 to 3 years in prison and fines up to $25,000.
Certain aggravating factors, such as prior convictions or the use of theft detection shielding devices, can elevate misdemeanor charges to felonies, even for low-value items. Beyond these criminal penalties, a conviction can lead to civil liability, requiring the defendant to pay restitution to the merchant.
The Legal Process for Shoplifting Cases
Shoplifting cases typically begin when store personnel or security officers identify suspicious behavior. In Skokie’s major retail hubs, sophisticated surveillance systems and trained loss prevention teams often play a significant role in detecting and documenting alleged theft. Once law enforcement is called, the accused may be arrested and taken into custody.
Following an arrest, the individual will face a bail hearing or be released on bond. The case then enters the pretrial phase, where the prosecution and defense exchange evidence and arguments. A defense attorney can review the evidence, challenge its validity, and negotiate with prosecutors to reduce or dismiss the charges. If the case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt.
Types of Evidence in Shoplifting Cases
Evidence in shoplifting cases often includes:
- Surveillance footage capturing the alleged theft.
- Statements from witnesses, including store employees or loss prevention officers.
- Inventory records and receipts showing discrepancies.
- Physical evidence, such as the recovered merchandise or theft detection devices.
An attorney can challenge the credibility of eyewitness testimony, the clarity of surveillance footage, or the chain of custody for physical evidence. By identifying flaws in the prosecution’s case, a defense attorney can create reasonable doubt and improve the chances of a favorable outcome.
Legal Defenses Against Shoplifting Charges
There are several potential defenses to shoplifting charges. Lack of intent is a common defense, as the prosecution must prove that the accused intended to permanently deprive the merchant of the merchandise’s value. For example, forgetting to pay for an item before leaving the store does not constitute shoplifting. Other defenses include mistaken identity, procedural violations, or evidence mishandling.
Call Us For A Free Consultation
If you’re facing shoplifting charges in Skokie, Illinois, don’t wait to secure 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 serve clients in Joliet, Will County, and surrounding areas, including Cook, DuPage, and Lake Counties. Let us fight to protect your rights and your future.
