Retail Theft Defense Attorney in Joliet, Illinois

Defending Retail Theft Charges in Joliet, Illinois

Joliet, Illinois, a city located along the Des Plaines River in Will County, is a thriving community known for its historical charm and commercial growth. With its bustling retail centers and shopping districts, Joliet offers countless opportunities for residents and visitors alike. However, the prevalence of retail activity also means that accusations of retail theft, or shoplifting, are common. Retail theft charges can have significant consequences, making it essential to understand the law and secure skilled legal representation if you are accused of this offense.

Understanding Retail Theft in Illinois

Retail theft is classified as a criminal offense under 720 ILCS 5/16-25 of the Illinois Criminal Code. The statute covers a wide range of activities, all of which are deemed illegal if done with the intent to permanently deprive a merchant of the full retail value of their merchandise. Retail theft can include actions such as taking items without paying, altering or removing price tags, under-ringing merchandise, or using theft-detection shielding devices.

The penalties for retail theft vary depending on the value of the stolen merchandise and whether the accused has prior convictions. Merchandise valued at less than $300 typically results in a Class A misdemeanor, which carries penalties of up to 1 year in jail and fines up to $2,500. If the merchandise is valued at $300 or more, the offense becomes a Class 4 felony, punishable by 1 to 3 years in prison and fines of up to $25,000. Repeat offenders or those involved in organized retail theft rings may face enhanced charges and stiffer penalties.

How Retail Theft Cases Begin in Joliet

A retail theft case often begins when store employees or loss prevention personnel suspect someone of shoplifting. These individuals are trained to observe suspicious behaviors, such as concealing items, tampering with price tags, or attempting to leave the store without paying. If they suspect theft, they may detain the individual and contact the Joliet Police Department.

Once law enforcement arrives, the accused may be questioned, and evidence such as surveillance footage or witness statements will be collected. If there is sufficient evidence, the individual will be arrested and charged with retail theft under 720 ILCS 5/16-25. From this point, the legal process moves to the courts, where the accused will need to appear for arraignment, pretrial motions, and potentially a trial.

The Trial Process for Retail Theft Charges

Defending against retail theft charges involves several stages, beginning with arraignment. At the arraignment, the accused will be formally charged and have the opportunity to enter a plea of guilty or not guilty. Following this, the case moves to the discovery phase, where both sides exchange evidence.

During the pretrial phase, your defense attorney may file motions to challenge the prosecution’s evidence or to have the case dismissed. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you committed retail theft. The defense will work to challenge the evidence, present alternative explanations, and highlight any procedural errors that may have occurred during the investigation or arrest.

If convicted, sentencing will follow, but a skilled Chicago theft defense attorney may negotiate for reduced penalties or alternative sentencing options, such as probation or community service.

The Importance of Evidence in Retail Theft Cases

Evidence is the foundation of any retail theft case, and the prosecution will rely on several types of evidence to build its case. Surveillance footage from the store may be used to show the accused’s actions, while testimony from employees or witnesses can provide additional details. Physical evidence, such as recovered merchandise or theft detection devices, may also be presented.

However, evidence must be handled properly to be admissible in court. Any discrepancies in the collection, storage, or presentation of evidence can be challenged by the defense. For example, if surveillance footage is unclear or if witness testimony is inconsistent, this may weaken the prosecution’s case.

Call Us Today For Your Free Consultation

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