Arlington Heights Shoplifting Defense Lawyer

Retail Theft Defense Attorney in Arlington Heights, Illinois

Arlington Heights, located in the northwest suburbs of Chicago, is a thriving community known for its welcoming neighborhoods, vibrant downtown, and proximity to top-tier shopping centers and businesses. While the area enjoys a reputation for safety and prosperity, shoplifting offenses are not uncommon, especially in busy retail areas. If you have been arrested of shoplifting in Arlington Heights, understanding the legal process and your rights under Illinois law is critical. At The Law Offices of David L. Freidberg, we are dedicated to defending individuals accused of shoplifting, helping them protect their rights and minimize the consequences.

Shoplifting Laws in Illinois

Shoplifting, legally referred to as retail theft in Illinois, is governed by 720 ILCS 5/16-25. This statute defines retail theft as knowingly taking or attempting to take merchandise from a retail establishment without paying the full value of the item. The law encompasses various acts, including removing merchandise without payment, altering price tags, under-ringing items, or using theft detection shielding devices.

Retail theft charges are categorized based on the value of the stolen merchandise and whether the accused has prior convictions. For merchandise valued at less than $300, the charge is typically a misdemeanor. For items valued at $300 or more, the offense becomes a felony. Additionally, if the accused has a history of retail theft convictions, even theft of items valued under $300 can result in felony charges.

Penalties for Retail Theft

The consequences of a retail theft conviction in Illinois depend on the value of the stolen property and the circumstances of the offense. For a first offense involving merchandise valued at less than $300, the charge is classified as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. For merchandise valued at $300 or more, the charge is elevated to a Class 4 felony, carrying potential penalties of one to three years in prison and fines up to $25,000.

Repeat offenses can significantly increase the severity of the charges. If a person has a prior retail theft conviction, even theft of items under $300 can result in a Class 4 felony charge. Using a theft detection shielding or removal device during the commission of a theft can also elevate the charges, regardless of the value of the merchandise.

How Shoplifting Cases Begin

Shoplifting cases often begin when a store employee or loss prevention officer suspects an individual of stealing merchandise. Retail establishments commonly use surveillance cameras and electronic sensors to monitor shoppers and detect theft. Once suspected, the individual may be stopped by store personnel and detained until law enforcement arrives. At this point, the police may conduct an initial investigation, which could include reviewing surveillance footage or interviewing witnesses.

After an arrest, the accused is taken into custody and may be released on bail or their own recognizance, depending on the severity of the charges. The case then proceeds to court, beginning with an arraignment where the accused will enter a plea of guilty or not guilty. The legal process that follows can be overwhelming, especially without proper legal representation.

Criminal Trial Defense Process in Illinois

The criminal trial process in Illinois for shoplifting cases involves several stages, each requiring careful attention to detail and a thorough understanding of the law. After the arraignment, both the prosecution and defense engage in the discovery phase, where evidence is exchanged and reviewed. During this time, your attorney will scrutinize the prosecution’s case to identify weaknesses or procedural errors.

Pretrial motions may be filed to suppress evidence or dismiss the charges entirely, particularly if law enforcement or store personnel violated your rights during the investigation or arrest. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you intended to permanently deprive the retailer of the merchandise. Your attorney will challenge the evidence, cross-examine witnesses, and present alternative explanations to cast doubt on the prosecution’s claims.

Evidence in Shoplifting Cases

In shoplifting cases, evidence plays a central role in determining the outcome. Common types of evidence used by the prosecution include:

• Surveillance footage capturing the alleged theft.
• Witness statements from store employees or other shoppers.
• Merchandise recovered from the accused or found in their possession.
• Electronic sensor alerts triggered by stolen items.
• Evidence of intent, such as concealment of items or tampering with price tags.

A skilled defense attorney will analyze this evidence to uncover inconsistencies or violations of legal procedures. For example, if store personnel conducted an illegal search or if the surveillance footage does not clearly show the accused committing theft, these factors could weaken the prosecution’s case.

Benefits of Hiring a Criminal Defense Attorney

Having a criminal defense attorney by your side is invaluable when facing shoplifting charges. Your attorney will ensure that your rights are protected throughout the legal process and will work to achieve the best possible outcome for your case. This includes challenging the evidence, negotiating plea deals, and advocating for reduced charges or alternative sentencing options such as community service or probation.

An experienced attorney understands the complexities of Illinois criminal law and can navigate the nuances of your case with precision. They will provide you with the guidance and support you need to make informed decisions about your defense.

Why You Need an Attorney at Every Stage of the Process

The criminal justice system can be daunting, particularly for those unfamiliar with its procedures. From the initial investigation to the trial and potential sentencing, having an attorney at each stage of the process is essential. Your attorney will help you understand your rights, build a strong defense strategy, and communicate with the prosecution and the court on your behalf. Without legal representation, you risk making mistakes that could result in harsher penalties or a wrongful conviction.

Legal Defenses for Shoplifting Charges

Several defenses can be used to fight shoplifting charges, depending on the circumstances of your case. Common defenses include lack of intent, mistaken identity, or the absence of evidence proving the alleged theft. For example, if you accidentally left a store with unpaid merchandise without realizing it, this could demonstrate that there was no intent to steal. Similarly, if the prosecution’s evidence is based solely on circumstantial factors, your attorney can argue that the case lacks sufficient proof of guilt.

Qualities to Look for in a Criminal Defense Attorney

When choosing a criminal defense attorney, it is important to find someone who is knowledgeable about Illinois retail theft laws and has a track record of successfully defending clients against shoplifting charges. Look for an attorney who is responsive, communicative, and committed to protecting your rights. They should also have experience working in the local courts and with prosecutors in Arlington Heights and Cook County.

Questions to Ask During a Free Consultation

Asking the right questions during a free consultation can help you determine whether an attorney is the right fit for your case. Questions to consider include:

• What is your experience with retail theft cases?
• What are the potential outcomes for my case?
• How will you communicate with me throughout the process?
• What strategies do you recommend for my defense?

Arlington Heights Criminal Defense FAQs

What is the difference between retail theft and burglary in Illinois?
Retail theft involves stealing merchandise from a retail establishment, while burglary, governed by 720 ILCS 5/19-1, involves unlawfully entering a building with the intent to commit theft or another felony.

Can shoplifting charges be expunged in Illinois?
Certain retail theft charges may be eligible for expungement or sealing under 20 ILCS 2630/5.2, but felony convictions are generally not eligible. An attorney can help determine if your case qualifies.

How does Illinois define intent in shoplifting cases?
Intent in shoplifting cases refers to knowingly taking actions to deprive the retailer of the full value of the merchandise. This can include concealment, tampering with price tags, or leaving the store without paying.

Can I be charged with shoplifting if I didn’t leave the store?
Yes. Under Illinois law, attempting to conceal or alter merchandise within the store can be sufficient to support a retail theft charge.

What are the long-term consequences of a shoplifting conviction?
A shoplifting conviction can result in a permanent criminal record, making it more difficult to find employment, secure housing, or obtain professional licenses.

Why Choose The Law Offices of David L. Freidberg

Facing shoplifting charges without an attorney can lead to severe consequences. At The Law Offices of David L. Freidberg, we are committed to defending clients in Arlington Heights and throughout Cook County. Our decades of experience and thorough understanding of Illinois law allow us to provide comprehensive legal representation tailored to your unique circumstances.

Call Attorney David Freidberg For Your FREE Consultation

If you have been accused of shoplifting in Arlington Heights, Illinois, it is essential to act quickly to protect your rights. 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. Let us provide the aggressive defense you need to protect your future.