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Retail Theft Defense Attorney in Aurora, Illinois
Skilled Shoplifting Defense Lawyer in Aurora, Illinois – Protecting Your Rights
Aurora, Illinois, is a thriving city along the Fox River, celebrated for its diversity, economic development, and vibrant community. Known as the “City of Lights,” Aurora is home to bustling shopping centers and retail stores. Unfortunately, these retail hubs can sometimes be the backdrop for accusations of shoplifting, a serious charge under Illinois law. If you’ve been accused of shoplifting in Aurora, The Law Offices of David L. Freidberg is here to help.
Shoplifting Defined Under Illinois Law
In Illinois, shoplifting falls under the category of retail theft, as defined by 720 ILCS 5/16-25. This statute outlines various actions that constitute retail theft, such as taking merchandise without paying, altering price tags, or attempting to avoid detection through fraudulent means. The law focuses on the accused’s intent to permanently deprive the store of the item’s full retail value.
Retail theft charges are classified based on the value of the stolen merchandise. If the value is under $300, the offense is typically a Class A misdemeanor, which carries penalties of up to one year in jail and fines up to $2,500. For merchandise valued at $300 or more, the charge escalates to a Class 4 felony, with potential penalties of one to three years in prison and fines up to $25,000.
The penalties increase significantly for repeat offenders or when aggravating factors, such as the use of theft detection shielding devices, are present. Shoplifting charges, regardless of severity, can have lasting consequences, including a permanent criminal record that affects employment, housing, and other aspects of life.
How Retail Theft Cases Begin in Aurora
A retail theft case typically starts when store employees or security personnel suspect someone of shoplifting. Surveillance cameras or undercover loss prevention officers often play a key role in identifying alleged offenders. If an individual is accused of concealing merchandise or manipulating price tags, security staff may detain them and contact law enforcement.
Once law enforcement becomes involved, the accused may be arrested or issued a citation to appear in court. The criminal process begins with an arraignment, where the accused is formally charged and enters a plea. From there, the case proceeds to discovery and potentially to trial.
Evidence Used in Shoplifting Cases
Evidence plays a critical role in retail theft cases. Prosecutors rely on several types of evidence to build their case, including:
- Surveillance footage from the store, which may show the accused’s actions before and during the alleged theft.
- Testimony from store employees or security personnel who observed the accused.
- Recovered merchandise, particularly if it was concealed or altered.
- Receipts or proof of purchase, or the lack thereof, to argue that the item was taken without payment.
A skilled defense attorney will carefully review the evidence to identify inconsistencies or procedural errors that could weaken the prosecution’s case.
The Criminal Defense Process for Retail Theft
Retail theft cases proceed through several phases in Illinois. After the arraignment, the discovery phase allows both sides to exchange evidence. Pretrial motions may be filed to challenge the admissibility of certain evidence, such as improperly obtained witness statements or unlawfully seized merchandise.
If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the accused intended to steal. The defense will present evidence to challenge this claim, whether through witness testimony, receipts, or highlighting procedural violations during the arrest or investigation.
Call Attorney David Freidberg For Your FREE Consultation
If you’re facing shoplifting charges in Aurora, 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.