Chicago Criminal Lawyer Blog
Under-ringing merchandise is a serious theft offense in Illinois, defined under 720 ILCS 5/16-25(a)(3). This crime occurs when a person intentionally rings up merchandise at a lower price than its full retail value, intending to deprive the retailer of the full price of the item. Under-ringing can occur during self-checkout or when an employee assists in intentionally discounting items without proper authorization. Although it may seem minor, Illinois law considers this a form of retail theft, leading to severe criminal penalties.
The Law Offices of David L. Freidberg has decades of experience defending clients charged with under-ringing and retail theft offenses throughout Des Plaines and Cook County. If you’re facing these accusations, understanding Illinois law and how to defend against these charges is critical to protecting your future.
Under-Ringing Merchandise: What the Law Says
Illinois law, specifically 720 ILCS 5/16-25(a)(3), criminalizes under-ringing merchandise. According to this statute, a person commits retail theft if they knowingly ring up merchandise for less than its full retail value with the intent to deprive the merchant of full payment.
Under-ringing can occur in various ways. An employee might knowingly scan items at a lower price as a favor for a friend, or a customer at self-checkout might intentionally scan a lower-priced item while concealing a higher-priced product. Whether intentional or due to a misunderstanding, prosecutors often treat these cases aggressively, pursuing charges similar to shoplifting or other forms of retail theft.
Illinois law treats theft crimes seriously, classifying offenses based on the value of the merchandise involved. If the under-rung merchandise is valued at less than $300, the offense is generally charged as a Class A misdemeanor, punishable by up to one year in jail and a maximum fine of $2,500. If the merchandise exceeds $300 or if the defendant has prior theft convictions, the charge may be elevated to a Class 4 felony, which carries a potential prison sentence of one to three years and fines up to $25,000.
Beyond criminal penalties, a conviction can lead to permanent damage to a person’s reputation, employment prospects, and even housing opportunities due to the public nature of a criminal record.
How Criminal Cases for Under-Ringing Merchandise Begin
Criminal cases involving under-ringing merchandise often begin when store employees or loss prevention personnel detect suspicious behavior during checkout. Surveillance footage, receipt analysis, and point-of-sale audits can trigger a retail theft investigation. Once identified, law enforcement may be contacted to investigate further.
The arrest process often begins when the suspect is detained in the store and questioned by security personnel. If law enforcement determines there is probable cause, the suspect may be arrested and formally charged. Following the arrest, the accused will attend an arraignment where the charges are formally presented, and a plea is entered.
The next phase involves pretrial hearings where both sides exchange evidence, including surveillance footage, witness statements, and point-of-sale transaction data. If a plea agreement cannot be reached, the case proceeds to trial, where the prosecution must prove the defendant knowingly committed under-ringing with intent to deprive the merchant.
Evidence Used in Under-Ringing Merchandise Cases
Prosecutors in under-ringing cases often rely on various types of evidence to build their case. Common forms of evidence include:
- Surveillance Footage: Security cameras may capture the act of under-ringing or suspicious behavior during checkout.
- Point-of-Sale Records: Transaction data can reveal whether the scanned price matched the actual price of the items purchased.
- Loss Prevention Testimony: Statements from store security personnel who witnessed the event or conducted the investigation may be introduced as evidence.
- Receipts and Transaction Logs: The receipt reflecting the undercharged amount may be used as direct evidence.
- Statements from the Accused: Any statements made during questioning can be used against the defendant if not handled carefully.
A skilled defense attorney will closely examine the accuracy, reliability, and handling of this evidence to identify potential weaknesses in the prosecution’s case.
The Criminal Trial Defense Process in Illinois
The criminal trial defense process for an under-ringing charge involves multiple stages, starting with the arrest and arraignment. Once formal charges are filed, the case moves into the discovery phase, where the defense and prosecution exchange evidence.
During this phase, your attorney will investigate whether the evidence was lawfully obtained and whether the prosecution can prove both the act of under-ringing and the intent to deprive the merchant. Pretrial motions may be filed to challenge the admissibility of certain evidence, particularly if there were constitutional violations during the arrest or investigation.
If the case proceeds to trial, the prosecution bears the burden of proving guilt beyond a reasonable doubt. This includes proving that the defendant intentionally under-rang merchandise with the specific intent to commit theft. The defense will work to create reasonable doubt by highlighting inconsistencies in the evidence, questioning the credibility of witnesses, and presenting alternative explanations for the incident.
Potential Legal Defenses for Under-Ringing Merchandise Charges
Several legal defenses can be used to challenge under-ringing merchandise charges in Illinois. Some of the most effective strategies include:
- Lack of Intent: The prosecution must prove that the defendant intentionally under-rang merchandise. If the action was accidental or due to a misunderstanding, this can be a valid defense.
- Mistaken Identity: In cases where surveillance footage is unclear, mistaken identity may be a valid defense.
- Insufficient Evidence: The prosecution must establish guilt beyond a reasonable doubt. If the evidence is circumstantial or weak, the charges may be dismissed.
- Procedural Violations: If law enforcement violated your rights during the investigation, such as failing to provide proper Miranda warnings, this could result in evidence suppression.
A knowledgeable defense attorney will assess the specific facts of your case to determine the most effective defense strategy.
Why You Need an Experienced Defense Attorney for Under-Ringing Merchandise Charges
Facing a criminal charge for under-ringing merchandise can be overwhelming, especially with the potential for jail time, fines, and a permanent criminal record. A criminal defense attorney provides essential guidance throughout the process, ensuring your rights are protected at every stage.
An experienced attorney can challenge the prosecution’s evidence, negotiate plea agreements, and seek reduced charges or even case dismissals when appropriate. Without legal representation, you risk facing severe penalties and long-term consequences that can impact your life for years to come.
Qualities to Look for in a Criminal Defense Attorney
When selecting a theft defense attorney for an under-ringing charge, consider their experience handling retail theft cases, knowledge of Illinois criminal law, and reputation for successfully defending clients. The right attorney will be proactive, communicative, and committed to achieving the best possible outcome for your case.
Call Attorney David Freidberg For A Free Consultation
If you have been accused of under-ringing merchandise in Des Plaines, Illinois, the consequences can be life-altering. Protect your future by working with a criminal defense attorney who understands Illinois retail theft laws and has a proven history of defending clients successfully. The Law Offices of David L. Freidberg provides aggressive legal defense for under-ringing and retail theft charges throughout Des Plaines and Cook County.
Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We are committed to protecting your rights, minimizing penalties, and securing the best possible outcome for your case.
