Aurora Shoplifting Defense Lawyer

Retail Theft Defense Attorney in Aurora, Illinois

Aurora, Illinois, located along the Fox River, is a vibrant city known for its cultural diversity, rich history, and thriving business community. As the second-largest city in the state, Aurora sees a wide variety of legal cases, including shoplifting charges. Retail theft accusations can happen to anyone and often stem from misunderstandings or mistakes. Facing these charges can be overwhelming, but with the right legal representation, you can protect your rights and work toward a favorable outcome. At The Law Offices of David L. Freidberg, we provide skilled defense for individuals accused of shoplifting in Aurora and surrounding areas.

Understanding Shoplifting Laws in Illinois

Shoplifting, legally termed retail theft, is governed by 720 ILCS 5/16-25 of the Illinois Criminal Code. This statute encompasses a range of behaviors that qualify as retail theft, including removing merchandise from a store without paying, altering price tags, or failing to return leased property. Under Illinois law, the prosecution must prove that the accused intended to permanently deprive the merchant of the full value of the item.

Retail theft offenses in Illinois are categorized based on the value of the merchandise and the circumstances surrounding the offense. Merchandise valued at less than $300 is typically considered a Class A misdemeanor, which carries penalties of up to one year in jail and fines of up to $2,500. When the value of the stolen goods exceeds $300, the offense is classified as a Class 4 felony, punishable by one to three years in prison and fines up to $25,000. Repeat offenses, the use of theft detection shielding devices, or other aggravating factors can lead to enhanced charges and penalties.

How Shoplifting Cases Begin

Shoplifting cases often start when a store employee or security personnel suspects someone of theft. In many instances, security cameras or undercover loss prevention officers are used to monitor shoppers. If an individual is seen concealing merchandise, altering price tags, or otherwise engaging in suspicious activity, store employees may confront them and call law enforcement.

Once the police are involved, the accused may be taken into custody or issued a citation to appear in court. At this point, the criminal case begins. The initial stage of the process is the arraignment, where the defendant hears the charges against them and enters a plea. If the case proceeds, the discovery phase follows, during which both sides exchange evidence.

The Criminal Trial Defense Process in Illinois

The criminal trial process for shoplifting cases in Illinois involves several stages. During the discovery phase, the prosecution presents its evidence, which may include surveillance footage, witness statements, and any physical evidence recovered at the time of the alleged theft. The defense has the opportunity to review this evidence and identify weaknesses or inconsistencies.

Pretrial motions may be filed to challenge the admissibility of certain evidence, particularly if it was obtained improperly. For example, if the accused was detained unlawfully or coerced into making statements, this could be grounds for a motion to suppress evidence. If the case goes to trial, the prosecution must prove beyond a reasonable doubt that the accused committed retail theft with the intent to deprive the store of the item’s value. The defense will present its case, which may involve providing an explanation for the alleged actions, disputing the evidence, or showing a lack of intent.

Evidence Used in Shoplifting Cases

Evidence in shoplifting cases can vary depending on the circumstances of the alleged offense. Law enforcement and prosecutors often rely on:

• Surveillance footage: Security cameras may capture the accused’s actions in the store, which the prosecution will use to support its case.
• Witness testimony: Statements from store employees, security personnel, or other shoppers may be introduced to corroborate the charges.
• Recovered merchandise: If the alleged stolen goods were recovered from the accused, this physical evidence is often presented in court.
• Receipts or lack thereof: The absence of a receipt may be used to argue that the merchandise was not paid for.

A defense attorney can challenge the reliability or admissibility of this evidence. For example, surveillance footage may lack context, or witnesses may misinterpret the accused’s actions.

The Benefits of Having a Criminal Defense Attorney

Facing shoplifting charges without an attorney puts you at a significant disadvantage. A criminal defense attorney understands the nuances of Illinois law and can provide critical guidance throughout the legal process. From challenging the prosecution’s evidence to negotiating plea deals, an attorney works to protect your rights and achieve the best possible outcome. Whether your goal is to avoid jail time, reduce fines, or secure an alternative resolution such as a diversion program, a skilled defense lawyer can make a meaningful difference in your case.

Why You Need an Attorney for Every Step of the Process

The criminal justice system in Illinois is complex, and each stage of the process presents unique challenges. From the moment you are accused of shoplifting, having an attorney by your side ensures that your rights are protected. During the investigation and arrest, an attorney can advise you on what to say (or not say) to law enforcement. During the trial phase, your attorney will craft a defense strategy tailored to the specifics of your case, challenge the prosecution’s evidence, and advocate on your behalf.

Potential Legal Defenses

Several defenses may be available in shoplifting cases, depending on the facts of the case. Lack of intent is a common defense, as the prosecution must prove that the accused intended to steal the merchandise. If the alleged theft was a misunderstanding—for example, accidentally leaving the store with unpaid items—a defense attorney can present evidence supporting this explanation. Other defenses may include challenging the credibility of witnesses, disputing the accuracy of surveillance footage, or demonstrating procedural errors in the arrest or evidence collection process.

Qualities to Look for in a Criminal Defense Attorney

When selecting a defense attorney, it is important to choose someone with experience handling retail theft cases in Illinois. Look for an attorney who is familiar with local courts and prosecutors, as this can be advantageous during negotiations or trial proceedings. Strong communication skills, a thorough understanding of the law, and a track record of achieving favorable outcomes are also essential qualities to consider.

Questions to Ask During a Free Consultation

During your initial consultation with a defense attorney, asking the right questions can help you determine if they are the right fit for your case. Consider asking about their experience with shoplifting cases, their strategy for handling your specific situation, and the potential outcomes they anticipate. You may also want to inquire about their approach to communication and how they will keep you informed throughout the process.

FAQs About Shoplifting in Aurora, Illinois

Shoplifting charges are common in Aurora due to the city’s many retail establishments, but each case is unique. Here are some frequently asked questions about retail theft and their answers:

What are the penalties for shoplifting in Illinois?
Penalties depend on the value of the merchandise. Theft of items worth less than $300 is typically a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500. Theft of items worth $300 or more is a Class 4 felony, carrying penalties of one to three years in prison and fines of up to $25,000.

Can I be charged if I didn’t leave the store?
Yes. Under Illinois law, you can be charged with retail theft even if you are apprehended before leaving the store, as long as the prosecution can show intent to steal.

What should I do if I’m accused of shoplifting?
Remain calm, avoid making statements to store employees or police, and contact a defense attorney as soon as possible. Anything you say can be used against you in court.

Why You Need a Defense Attorney for Shoplifting Charges

Facing shoplifting charges without an attorney can result in harsh penalties, a permanent criminal record, and long-term consequences. The Law Offices of David L. Freidberg provides aggressive defense for individuals accused of retail theft in Aurora and throughout Illinois. With our knowledge of Illinois law and experience handling criminal cases, we work tirelessly to protect your rights and secure the best possible outcome.

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 Aurora, Chicago, and the surrounding areas. Let us provide the aggressive defense you need to protect your future.