Aurora Retail Theft Defense Lawyer

Retail Theft Defense Lawyer in Aurora, Illinois

Aurora, Illinois, often referred to as the “City of Lights,” is a vibrant community with a rich history and a growing economy. As the second-largest city in Illinois, Aurora is home to bustling shopping centers, diverse neighborhoods, and an active population. However, the increase in retail activity also brings its share of legal issues, including accusations of retail theft. Facing retail theft charges in Aurora is a serious matter, with penalties that can have lasting consequences. The Law Offices of David L. Freidberg is here to provide comprehensive legal representation for individuals accused of retail theft in Aurora and throughout Illinois.

Retail Theft Laws in Illinois

Retail theft in Illinois is governed by 720 ILCS 5/16-25, which outlines various forms of theft from retail establishments. The statute defines retail theft as knowingly taking possession of or carrying away merchandise with the intent to deprive the merchant of the item’s full retail value. Retail theft also includes acts such as altering price tags, under-ringing items at checkout, or failing to return rented property. The statute applies to any action intended to avoid paying the full value of merchandise or services.

The penalties for retail theft depend on the value of the stolen goods and the circumstances of the offense. Theft of items valued under $300 is typically classified as a misdemeanor, punishable by up to one year in jail and fines up to $2,500. However, theft of items valued at $300 or more is charged as a felony, carrying harsher penalties, including imprisonment of up to several years and significant fines. Repeat offenders face enhanced penalties, and the use of theft detection shielding devices or tools to disable anti-theft measures can also elevate the charges.

How Retail Theft Cases Begin in Illinois

Retail theft cases typically begin with an incident at a retail establishment. Store employees or loss prevention personnel may observe someone acting suspiciously or attempting to leave the store without paying for merchandise. In many cases, the individual is detained by store security and questioned before law enforcement is called to the scene. Once the police arrive, they will investigate the situation, collect statements, and decide whether to make an arrest.

If an arrest is made, the accused will be taken into custody and formally charged. The next step in the process is the arraignment, where the charges are read, and the defendant enters a plea. From there, the case moves into the pretrial phase, where evidence is exchanged, and both sides prepare for trial.

The Criminal Trial Defense Process in Illinois

The criminal trial defense process for retail theft involves several key stages, each critical to the outcome of the case. After the initial arrest and arraignment, the pretrial phase begins. During this phase, the defense attorney will review the prosecution’s evidence, including witness statements, video footage, and any physical evidence. The defense may file motions to suppress evidence if it was obtained unlawfully or to dismiss the case if there are weaknesses in the prosecution’s argument.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant committed retail theft. This involves presenting evidence that demonstrates intent to steal, which is a key element of the offense. The defense attorney will challenge the evidence, cross-examine witnesses, and present alternative explanations for the defendant’s actions. For example, the attorney may argue that the defendant mistakenly left the store without paying or that they lacked the intent to permanently deprive the merchant of the merchandise.

Types of Evidence in Retail Theft Cases

Evidence in retail theft cases often includes surveillance footage, witness statements, and physical evidence such as the allegedly stolen merchandise. Retail establishments commonly use video surveillance to monitor activity within the store, and this footage can be a critical piece of evidence in a retail theft case. Witness statements from store employees, security personnel, or other shoppers may also play a role in the prosecution’s case.

Additionally, the prosecution may use evidence of intent, such as altered price tags, concealed merchandise, or tools used to bypass theft detection systems. A skilled defense attorney will carefully analyze each piece of evidence to identify weaknesses or inconsistencies that can be used to challenge the prosecution’s case.

Benefits of Having a Criminal Defense Attorney

Having an experienced criminal defense attorney is essential when facing retail theft charges. An attorney can protect your rights, ensure that the evidence against you is properly scrutinized, and work to achieve the best possible outcome for your case. From negotiating plea deals to challenging evidence in court, a Chicago criminal defense attorney provides critical support at every stage of the legal process.

An attorney’s role also extends beyond the courtroom. Retail theft convictions can result in a permanent criminal record, which can impact your ability to secure employment, housing, or educational opportunities. A defense attorney can work to minimize these long-term consequences by seeking reduced charges, alternative sentencing options, or dismissal of the case altogether.

The Criminal Case Process and Why You Need an Attorney

The criminal case process for retail theft can be overwhelming, especially for individuals unfamiliar with the legal system. Each step of the process, from the initial arrest to the final resolution, involves complex legal procedures and potential pitfalls. Without an attorney, defendants may unknowingly waive their rights, accept unfavorable plea deals, or fail to present a strong defense.

An attorney can guide you through each stage of the process, ensuring that your rights are protected and that you understand your options. Whether negotiating with prosecutors for a reduced sentence or preparing for trial, an attorney provides the legal knowledge and advocacy needed to navigate the challenges of a retail theft case.

Potential Legal Defenses for Retail Theft

Several legal defenses can be used to fight retail theft charges, depending on the circumstances of the case. Common defenses include lack of intent, mistaken identity, or errors in the prosecution’s evidence. For example, if the defendant accidentally left the store with unpaid merchandise, the defense may argue that there was no intent to steal. Similarly, if surveillance footage is unclear or inconclusive, the defense may challenge the reliability of the evidence.

In cases where the defendant was detained by store security, the defense may also argue that the detention was unlawful or that the defendant’s rights were violated during the investigation. Each defense strategy is tailored to the unique facts of the case and requires a thorough understanding of Illinois law.

Qualities to Look for in a Criminal Defense Attorney

When facing retail theft charges, choosing the right defense attorney is crucial. Look for an attorney with experience handling retail theft cases and a strong understanding of Illinois law. Communication and transparency are also important qualities, as you need an attorney who will keep you informed and involved throughout the process.

Questions to Ask During a Free Consultation

During a consultation with a potential defense attorney, consider asking about their experience with similar cases, their approach to defense strategy, and the potential outcomes for your case. You may also want to ask about their communication style and availability to ensure they will provide the support you need.

FAQs About Retail Theft in Aurora, Illinois

Retail theft is a common charge in Aurora, but many defendants have questions about what to expect. Some frequently asked questions include:

1. What happens if I am charged with retail theft in Aurora? If you are charged with retail theft, you will likely be arrested, booked, and required to attend an arraignment. From there, your case will proceed through the pretrial and trial phases unless a plea deal or dismissal is reached.
2. Can I go to jail for shoplifting in Illinois? Yes, retail theft can result in jail time, depending on the value of the stolen merchandise and the circumstances of the offense. Misdemeanor charges carry a maximum penalty of one year in jail, while felony charges can result in several years of imprisonment.
3. Can retail theft charges be expunged from my record? Expungement eligibility depends on the outcome of your case and your prior criminal history. Certain retail theft convictions may not be eligible for expungement, but an attorney can help determine your options.
4. Do I need an attorney for a shoplifting charge? Yes, having an attorney is highly recommended. An attorney can challenge the evidence, negotiate with prosecutors, and work to minimize the impact of the charges on your life.
5. What are the penalties for repeat retail theft offenses? Repeat offenders face enhanced penalties, including felony charges for theft of items valued under $300. The court may also impose longer jail sentences or higher fines.

Why You Should Choose The Law Offices of David L. Freidberg

Facing retail theft charges in Aurora can be a daunting experience, but you don’t have to face it alone. The Law Offices of David L. Freidberg has decades of experience defending clients against retail theft charges in Illinois. We are committed to protecting your rights, challenging the evidence against you, and achieving the best possible outcome for your case.

Call Us Today For Your Free Consultation

If you are facing shoplifting charges in Aurora, 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 Aurora and the surrounding areas, including Cook County, DuPage County, Will County, and Lake County. Let us fight to protect your rights and your future.