Naperville Retail Theft Defense Lawyer

Retail Theft Defense Attorney in Naperville, Illinois

Naperville, Illinois, a thriving city located in DuPage and Will Counties, is well-known for its excellent schools, vibrant downtown area, and strong community values. However, like any city, it is not immune to criminal accusations, including retail theft. Retail theft, commonly referred to as shoplifting, is a serious offense in Illinois that carries significant consequences, even for first-time offenders. Being accused of retail theft in Naperville can be overwhelming, but understanding the charges and the legal process is the first step toward protecting your rights. At The Law Offices of David L. Freidberg, we are committed to defending individuals accused of retail theft and helping them navigate the complex criminal justice system.

Illinois Law on Retail Theft

Retail theft is governed by 720 ILCS 5/16-25 of the Illinois Criminal Code. This statute defines retail theft as knowingly taking merchandise from a retail establishment without paying its full retail value. The law encompasses a variety of actions beyond physically removing items, including altering price tags, under-ringing items at checkout, or failing to return rented property. Even using a theft detection shielding device to avoid triggering security systems can result in retail theft charges.

The severity of retail theft charges depends on the value of the stolen merchandise and the defendant’s prior criminal record. If the value of the merchandise is less than $300, the offense is typically charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. If the value exceeds $300, the offense becomes a Class 4 felony, which carries penalties of one to three years in prison and fines up to $25,000. Repeat offenders may face enhanced charges and penalties, even for merchandise valued under $300. The court also considers factors such as the use of tools or devices to aid in theft, which can elevate the severity of the charge.

How Retail Theft Cases Begin

Retail theft cases often begin with an accusation made by store employees or loss prevention officers. If an individual is suspected of theft, they may be detained by store personnel while law enforcement is called to the scene. Police officers will often question the suspect and collect any evidence, such as surveillance footage or witness statements, to support the allegations. In some cases, the suspect may be issued a notice to appear in court rather than being taken into custody.

Once charges are filed, the case enters the court system. The defendant will be required to attend an arraignment, where the charges are formally read, and they can enter a plea of guilty or not guilty. From this point, the case moves to the discovery phase, where the prosecution and defense exchange evidence.

Criminal Trial Defense Process in Illinois

The criminal trial process in Illinois is structured to ensure both sides have an opportunity to present their case. For retail theft charges, the prosecution must prove beyond a reasonable doubt that the defendant intended to deprive the retailer of the full value of the merchandise. This means the prosecution must establish intent, which can be challenging in some cases.

The defense attorney’s role is to challenge the evidence and present arguments that raise doubts about the prosecution’s claims. This may involve questioning the reliability of witness testimony, demonstrating procedural errors during the arrest or investigation, or presenting evidence that supports the defendant’s lack of intent to commit theft. Pretrial motions may also be filed to exclude inadmissible evidence or seek a dismissal of the charges.

If the case proceeds to trial, the defense will cross-examine witnesses and present its own evidence to counter the prosecution’s arguments. A successful defense strategy often results in reduced charges, lighter penalties, or an acquittal.

Evidence Law Enforcement Collects in Retail Theft Cases

In retail theft cases, law enforcement relies on several types of evidence to build their case. Surveillance footage is often the most critical piece of evidence, as it can show the defendant’s actions within the store. Witness statements from store employees, customers, or loss prevention officers are also commonly used. Physical evidence, such as stolen merchandise or tools used to aid in theft, may be presented in court.

Digital records, including receipts or transaction data, can be used to demonstrate discrepancies in the sale of merchandise. In some cases, the prosecution may present security system data or records from theft detection devices. A defense attorney’s role is to carefully analyze this evidence and identify any weaknesses or inconsistencies that can be challenged in court.

Benefits of Having a Criminal Defense Attorney

Having a criminal defense attorney is essential when facing retail theft charges. An attorney ensures that your rights are protected at every stage of the legal process and helps you understand the charges and potential consequences. They can negotiate with prosecutors to reduce charges, argue for alternative sentencing options, and present a strong defense during trial.

A skilled attorney will also examine the evidence against you to identify procedural errors or violations of your constitutional rights. For example, if you were detained without probable cause or if evidence was collected improperly, your attorney can file motions to suppress that evidence. These actions can significantly impact the outcome of your case.

The Criminal Case Process and the Role of an Attorney

The criminal case process begins with an arrest or issuance of a notice to appear in court. The next step is the arraignment, where the defendant enters a plea. If the defendant pleads not guilty, the case moves into the discovery phase, where evidence is shared between the prosecution and defense.

During the pretrial phase, your attorney will analyze the evidence, interview witnesses, and develop a defense strategy tailored to your case. They may file motions to challenge the admissibility of evidence or request a dismissal of charges based on procedural violations.

If the case proceeds to trial, the attorney will present evidence, cross-examine witnesses, and argue for your acquittal. Should a conviction occur, the attorney will advocate for the lightest possible sentence, emphasizing mitigating factors such as a lack of prior criminal history or intent.

Legal Defenses for Retail Theft

Several defenses can be used in retail theft cases, depending on the circumstances. A common defense is the lack of intent to commit theft. For example, the defendant may argue that they inadvertently left the store with unpaid merchandise. Other defenses include challenging the reliability of witness testimony or demonstrating that the arrest violated the defendant’s constitutional rights.

In cases where the prosecution’s evidence is circumstantial or incomplete, the defense can argue that it fails to meet the burden of proof required for a conviction. Each case is unique, and a skilled attorney will tailor the defense strategy to the specifics of your situation.

Qualities to Look for in a Criminal Defense Attorney

When choosing a criminal defense attorney, it is important to select someone with experience handling retail theft cases in Illinois. The attorney should have a thorough understanding of Illinois criminal statutes and the local court system. Strong communication skills, availability, and a track record of successful outcomes are also critical factors to consider.

Questions to Ask During a Free Consultation

During a consultation, you should ask questions to gauge the attorney’s experience and approach. Consider asking about their history with similar cases, their recommended strategies for your defense, and how they plan to communicate with you throughout the case. Understanding their approach and commitment to your case can help you make an informed decision.

FAQs About Retail Theft in Naperville

What are the penalties for retail theft in Illinois?
Penalties depend on the value of the stolen merchandise and prior offenses. Theft of items under $300 is usually a Class A misdemeanor, while theft of items worth $300 or more is a Class 4 felony.

Can I be charged with retail theft if I didn’t leave the store?
Yes, Illinois law allows for charges if the intent to deprive the retailer is evident, even if the merchandise was not removed from the premises.

How can a defense attorney help in retail theft cases?
An attorney can challenge the evidence, negotiate with prosecutors, and build a defense to reduce or dismiss the charges.

Why You Need a Retail Theft Defense Attorney

Retail theft charges can have long-lasting consequences, including a criminal record, jail time, and fines. Attempting to handle these charges without an attorney puts you at a disadvantage, as the legal process is complex and prosecutors are trained to secure convictions. A defense attorney will protect your rights, challenge the prosecution’s case, and work toward the best possible outcome.

The Law Offices of David L. Freidberg has extensive experience defending clients accused of retail theft in Naperville and throughout Illinois. We understand the nuances of retail theft law and provide personalized representation tailored to your case.

Contact Our Naperville Retail Theft Criminal Defense Attorney For Your FREE Consultation 

If you have been charged with Retail Theft in Naperville or anywhere in DuPage County, contact The Law Offices of David L. Freidberg for skilled legal assistance and to receive your free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We are here to provide the aggressive legal representation you need to protect your rights and your future. Let us fight for you.