Schaumburg Retail Theft Defense Lawyer

Retail Theft Defense Attorney in Schaumburg, Illinois

Schaumburg, Illinois, is a bustling suburban city located northwest of Chicago. Known for its shopping centers, business parks, and vibrant community, Schaumburg attracts visitors and residents alike. With popular destinations such as Woodfield Mall and countless retail establishments, the area sees its fair share of retail theft cases. Retail theft, also known as shoplifting, is taken seriously in Illinois, and charges can lead to severe consequences. If you are facing retail theft charges in Schaumburg, understanding the law and your rights is crucial.

Understanding Retail Theft Laws in Illinois

Retail theft in Illinois is governed by 720 ILCS 5/16-25 of the Illinois Criminal Code. This statute defines retail theft as taking merchandise from a retail establishment without the intention of paying the full retail value. Retail theft encompasses a variety of actions beyond simply leaving a store without paying for items. Altering price tags, under-ringing items at checkout, and using theft detection shielding devices also fall under this law. The statute covers the following actions:

• Taking possession of merchandise with intent to deprive the merchant of its value.
• Altering or removing price tags to pay less than the item’s full retail value.
• Failing to pay for items after renting or leasing them.
• Using tools or devices to bypass theft detection systems.

The penalties for retail theft depend on the value of the merchandise and the defendant’s criminal history. For merchandise valued at less than $300, retail theft is typically classified as a misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. For merchandise valued at $300 or more, the charge becomes a felony, which can result in significant prison time and fines up to $25,000. Repeat offenders may face harsher penalties, including felony charges for items under $300.

How Criminal Cases for Retail Theft Begin in Schaumburg

A retail theft case typically starts with an incident at a store. A store employee or security personnel may observe suspicious behavior or discover evidence of shoplifting, such as unpaid merchandise. Many retailers in Schaumburg use advanced surveillance systems to monitor customers, capturing potential theft on video. Once an individual is suspected of retail theft, store security may detain them and contact law enforcement.

After the police are called, they may investigate the incident further by reviewing surveillance footage, interviewing witnesses, and inspecting the alleged stolen items. If law enforcement believes there is sufficient evidence, the individual will be arrested and charged. The formal criminal case process begins with an arraignment, where the charges are presented, and the accused enters a plea.

Penalties and Consequences of Retail Theft Convictions

Being convicted of retail theft in Illinois can have lasting consequences. In addition to jail time and fines, a retail theft conviction results in a permanent criminal record. This record can affect employment opportunities, housing applications, and even professional licensing. For those charged with a felony, the consequences are even more severe, including the loss of certain civil rights, such as the right to vote or own firearms.

Additionally, many retailers in Illinois pursue civil lawsuits against individuals accused of shoplifting. Under Illinois law, merchants can seek restitution for the stolen goods and additional monetary damages. This can create financial hardships for defendants beyond the criminal penalties.

The Criminal Trial Process for Retail Theft Cases in Illinois

The trial process for retail theft cases in Illinois involves several stages. After the arraignment, both the prosecution and the defense engage in discovery, where evidence is exchanged. This is a critical phase for your attorney to analyze the evidence against you and identify any weaknesses in the prosecution’s case.

Pretrial motions may be filed to exclude evidence obtained unlawfully or to dismiss charges if there is insufficient evidence. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the alleged theft. The defense may challenge the credibility of witnesses, question the reliability of surveillance footage, or argue that the defendant lacked intent to commit theft.

If convicted, sentencing will follow. Sentences for retail theft depend on the specific circumstances of the case, including the value of the merchandise and the defendant’s criminal history. Sentencing may include jail time, probation, fines, and restitution.

Evidence Law Enforcement Collects in Retail Theft Cases

Evidence plays a central role in retail theft cases. Law enforcement and store personnel typically collect evidence such as surveillance footage, witness statements, and the allegedly stolen merchandise. Surveillance video is often used to show the actions of the accused inside the store, while witness testimony from store employees may support the prosecution’s case.

Physical evidence, such as merchandise or price tags, is also commonly presented in retail theft cases. If tools or devices were allegedly used to bypass theft detection systems, those items may be collected as evidence as well. A skilled defense attorney will scrutinize all evidence for inaccuracies, procedural errors, or violations of your rights.

The Importance of a Criminal Defense Attorney in Retail Theft Cases

Having an experienced criminal defense attorney is essential for anyone accused of retail theft. Your attorney can assess the evidence, identify weaknesses in the prosecution’s case, and develop a strategy tailored to your situation. They may negotiate with prosecutors for reduced charges or alternative sentencing options, such as community service or probation, to avoid a criminal conviction.

An attorney also ensures that your constitutional rights are protected throughout the legal process. For example, if law enforcement conducted an unlawful search or seizure, your attorney can file motions to suppress improperly obtained evidence. In some cases, your attorney may be able to have the charges dismissed entirely.

Common Defenses in Retail Theft Cases

Several defenses may be available in a retail theft case. One common defense is the lack of intent to commit theft. Retail theft requires that the defendant knowingly intended to deprive the merchant of the item’s full retail value. If the defendant accidentally walked out of the store with unpaid merchandise or mistakenly believed they had paid for the items, this lack of intent can be a valid defense.

Another defense is the challenge of evidence. If surveillance footage is unclear or does not conclusively show theft, the prosecution’s case may be weakened. Similarly, if witnesses provide conflicting or unreliable testimony, the defense can argue that there is insufficient evidence to support the charges.

Procedural violations can also serve as a defense. If store security personnel detained the defendant unlawfully or if law enforcement violated the defendant’s rights during the investigation, the defense may file motions to exclude the evidence or dismiss the charges.

Qualities to Look for in a Criminal Defense Attorney in Illinois

When facing retail theft charges, it is important to choose an attorney who has experience handling similar cases. Look for an attorney who understands Illinois retail theft laws and has a track record of achieving favorable outcomes for clients. Communication is also key; your attorney should be accessible and willing to explain the legal process and your options in detail.

A strong defense attorney will have the resources and skills to thoroughly investigate your case, challenge the prosecution’s evidence, and negotiate with prosecutors. They should be committed to protecting your rights and working toward the best possible outcome for your case.

Questions to Ask During a Free Consultation

When meeting with a criminal defense attorney, ask about their experience with retail theft cases and their approach to defending clients. Questions might include:

• What strategies have you used in similar cases?
• What potential outcomes should I expect in my case?
• How will you communicate with me throughout the legal process?
• What are your fees, and do you offer payment plans?

FAQs About Retail Theft in Schaumburg, Illinois

Retail theft is a common charge in Schaumburg due to its many shopping centers, including Woodfield Mall. Residents often have questions about the legal process, penalties, and how to protect their rights. Answers to these questions can provide valuable insights for those facing charges.

1. What happens if I am caught shoplifting at Woodfield Mall in Schaumburg?
2. How can a retail theft charge affect my future in Schaumburg?
3. Can I have a retail theft conviction expunged from my record in Illinois?
4. What should I do if I’m falsely accused of shoplifting in Schaumburg?
5. What are the penalties for a repeat retail theft offense in Illinois?

Why You Need The Law Offices of David L. Freidberg

Retail theft charges can have far-reaching consequences, but with the right Schaumburg retail theft defense attorney, you can fight to protect your rights and your future. The Law Offices of David L. Freidberg has decades of experience defending clients against retail theft charges in Schaumburg and throughout Illinois. Our team understands the complexities of Illinois retail theft laws and provides personalized legal strategies to achieve the best possible outcome.

Call Us Today For Your Free Consultation

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