Chicago Criminal Lawyer Blog
Schaumburg, Illinois, is home to vibrant shopping destinations like Woodfield Mall and the Streets of Woodfield, making it a magnet for retail activity. While this bustling environment supports economic growth, it also sees its share of legal issues, including shoplifting accusations. Shoplifting, or retail theft, is a serious offense in Illinois, governed by 720 ILCS 5/16-25. If you’re facing these charges in Schaumburg, your reputation, future, and freedom may be at stake. At The Law Offices of David L. Freidberg, we provide dedicated legal defense to protect your rights.
Shoplifting and Illinois Law: What You Need to Know
Retail theft in Illinois encompasses a range of actions beyond physically taking merchandise without payment. Under 720 ILCS 5/16-25, shoplifting includes altering price tags, under-ringing items, using theft detection shielding devices, and failing to return rented items. The severity of the charge depends on the circumstances and value of the merchandise involved.
For merchandise valued under $300, the offense is typically charged as a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500. When the value exceeds $300, or for repeat offenses, the charge is escalated to a Class 4 felony, carrying penalties of one to three years in prison and fines of up to $25,000. The penalties increase significantly for using tools to disable theft detection devices or in cases involving organized retail theft rings.
The Criminal Case Process in Illinois
A shoplifting charge begins with an investigation, often prompted by store employees or loss prevention officers. If they suspect theft, they may detain the accused while contacting law enforcement. The police then arrive to conduct their investigation, which may include reviewing surveillance footage, taking witness statements, and inspecting the alleged stolen merchandise. If probable cause exists, the accused is arrested and charged.
Following the arrest, the defendant is brought before a court for arraignment. Here, the charges are formally read, and the defendant enters a plea. The case then progresses to the discovery phase, where evidence is exchanged between the prosecution and defense. A criminal defense attorney may file pretrial motions to dismiss charges, suppress evidence, or negotiate reduced penalties. If no resolution is reached, the case proceeds to trial.
Penalties and Consequences of Shoplifting Convictions
A conviction for shoplifting can have consequences that extend beyond legal penalties. A criminal record for retail theft can negatively impact employment opportunities, housing applications, and professional licensing. Additionally, retailers may pursue civil lawsuits seeking damages, further compounding the financial burden.
In cases of repeat offenses, even low-value thefts may be charged as felonies. The use of theft detection shielding devices or similar tools also elevates charges to a felony, regardless of the value of the stolen merchandise. Given these potential outcomes, a strategic legal defense is crucial to protecting your future.
Building a Defense Against Shoplifting Charges
Defending against retail theft charges requires a thorough analysis of the evidence and circumstances. Common defenses include demonstrating a lack of intent to steal, such as forgetting to pay or mistakenly leaving the store with unpaid items. Other defenses may involve procedural violations, such as improper detention by store employees or mishandling of evidence by law enforcement.
At The Law Offices of David L. Freidberg, we examine every detail of your case to identify weaknesses in the prosecution’s arguments and develop a defense strategy tailored to your situation.
Call Us Today For Your Free Consultation
If you are facing shoplifting charges in Schaumburg, 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 Schaumburg and the surrounding areas, including Cook County, DuPage County, Will County, and Lake County. Let us fight to protect your rights and your future.
