How to Defend Against Shoplifting Charges in Chicago

Expert Defense Strategies to Protect Your Rights and Future

As an experienced criminal defense attorney in Chicago, I’ve guided numerous clients through the challenges of facing shoplifting charges. Understanding the complexities of Illinois law and the potential consequences of these charges is crucial. Here, I will discuss what you can expect if you’re accused of shoplifting, the legal ramifications, and how hiring a private attorney can not only help you possibly beat the charge but also safeguard your future.

What Constitutes Shoplifting in Illinois?

In Illinois, shoplifting is typically charged under the offense of retail theft. According to 720 ILCS 5/16-25, retail theft can occur in various forms, including physically taking merchandise without paying, altering price tags, or transferring items to different containers with the intent of paying less or not at all.

The severity of a shoplifting charge in Illinois can vary based on the value of the stolen goods:

• Items valued at less than $300 usually result in misdemeanor charges.
• Items valued over $300 are generally treated as felonies, potentially leading to more severe penalties.

Legal Ramifications of Shoplifting Charges

The penalties for shoplifting in Illinois can be quite severe, influencing your freedom, finances, and future opportunities. Here’s what you might face if convicted:

• Misdemeanor Charges: For goods valued under $300, penalties can include up to one year in jail and fines up to $2,500.
• Felony Charges: For goods valued over $300 or for repeat offenses, the penalties escalate significantly, potentially leading to years in state prison and thousands in fines.

Moreover, having a shoplifting conviction on your record can hinder job prospects, educational opportunities, and professional licenses.

How Can a Private Attorney Help?

1. Understanding Your Rights and the Law

One of the first benefits of hiring a private attorney is gaining an ally who understands the nuances of Illinois retail theft laws. I ensure you are fully aware of your rights and the legal processes, which is crucial in managing the stress and uncertainty of facing criminal charges.

2. Developing a Tailored Defense Strategy

Every shoplifting case is unique. As your attorney, I assess the evidence, scrutinize the circumstances of your arrest, and consider your personal background to craft a defense strategy that aims for the best possible outcome. Common defenses include challenging the evidence of intent, proving a misunderstanding, or negotiating restitution for a lesser charge.

3. Negotiating with Prosecutors

With deep knowledge of local legal practices and prosecutor tactics, I negotiate to reduce your charges, sometimes to lesser offenses or even to alternative resolutions like diversion programs, which can ultimately lead to a dismissal of charges upon successful completion.

4. Protecting Your Future

Perhaps most importantly, I strive to mitigate the long-term consequences of a shoplifting charge. This includes fighting to keep your criminal record as clean as possible and preserving your personal and professional reputation.

Building Your Defense Against Shoplifting Charges

If you’re charged with shoplifting, your defense might include demonstrating a lack of intent to steal (perhaps it was a genuine mistake), questioning the store’s loss prevention policies, or citing any procedural errors made during your detention or arrest.

The Role of a Private Attorney in Charge Mitigation

A private attorney doesn’t just defend you in court. We play a crucial role in managing the situation to prevent charges from escalating. Here are some ways I can help:

• Preventing Charges: Sometimes, I can intervene before charges are formally filed, especially if notified immediately after your arrest. Early intervention can lead to reduced charges or even prevent them.
• Tailored Legal Advice: I provide personalized advice based on your specific circumstances. This isn’t just about the law; it’s about ensuring your legal strategy aligns with your personal and professional goals.
• Hands-On Case Management: Your case receives the attention it deserves. Unlike overloaded public defenders, I have the resources to devote substantial time and effort to your defense.

Why Choose Our Firm?

At The Law Offices of David L. Freidberg, we understand that being charged with shoplifting is overwhelming. With over two decades of experience defending clients in Chicago, we are committed to providing a robust defense that prioritizes your rights and aims for the best possible outcome.

Contact Us Today for Expert Legal Representation

If you’re facing shoplifting charges in Chicago, don’t navigate this challenging time alone. Contact our Chicago criminal defense attorney, David Freidberg, founding attorney of The Law Offices of David L. Freidberg. We offer a free consultation to discuss your case and how we can help. Call us at (312) 560-7100 or toll-free at (800) 803-1442.

Frequently Asked Questions About Shoplifting Charges in Chicago

What should I do immediately after being detained for shoplifting?

If you’re detained for shoplifting, it’s crucial to remain calm and avoid making any statements to store personnel or police. Anything you say can be used against you in court. Politely decline to discuss the incident until you have legal representation.

Can a shoplifting charge be expunged from my record?

Yes, under certain circumstances, a shoplifting charge can be expunged from your record, especially if it’s a first-time misdemeanor and you’ve completed a diversion program or other court requirements. I can help you understand if expungement is possible in your case and guide you through the process.

What are diversion programs?

Diversion programs are alternatives to traditional court proceedings, often involving community service, educational courses about theft, and sometimes restitution. Successfully completing a diversion program can result in the dismissal of your charges, effectively keeping your record clean.

How can I prove I didn’t intend to steal?

Proving lack of intent involves demonstrating that taking the item was a mistake—for instance, you forgot to pay due to distraction. We can gather evidence such as witness statements or surveillance footage to support this defense.

Is it worth hiring a private attorney for a minor shoplifting charge?

Absolutely. Even a minor shoplifting charge can have disproportionate consequences on your life. A private attorney can provide a personalized defense strategy aimed at reducing, if not eliminating, these charges and their impact.

What impact can a shoplifting charge have on my future?

A shoplifting conviction can affect your ability to secure employment, educational opportunities, and professional licensing. It’s important to address these charges seriously and with a strategic defense to protect your future.

Contact Us For Your Free Consultation

If you are facing DUI charges in  Chicago, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.