Retail Theft Defense Lawyer in Elgin, Illinois

Retail Theft Defense Lawyer in Elgin, Illinois – Protecting Your Future

Elgin, Illinois, a historic city along the Fox River, is known for its vibrant community and thriving retail environment. With its mix of local shops and large shopping centers, Elgin is a retail hub in Kane County. Unfortunately, this busy commercial scene also sees a fair share of retail theft accusations. Being charged with retail theft can have significant consequences, including fines, jail time, and a criminal record. At the Law Offices of David L. Freidberg, our Elgin retail theft defense attorney understands the complexities of retail theft cases and provide aggressive defense strategies to protect our clients’ rights and futures.

What Constitutes Retail Theft in Illinois?

Retail theft is a crime under 720 ILCS 5/16-25, which outlines various forms of theft occurring in retail establishments. The statute defines retail theft as knowingly engaging in acts such as taking merchandise without paying, altering price tags, under-ringing items, or using devices to bypass theft detection systems. Intent plays a critical role in retail theft charges, as the prosecution must prove that the accused intended to permanently deprive the retailer of the item’s value.

In Illinois, retail theft charges are classified based on the value of the merchandise:

• If the value is under $300, the charge is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.
• If the value exceeds $300, the offense becomes a Class 4 felony, carrying penalties of one to three years in prison and fines up to $25,000.

Repeat offenses, regardless of the value of the stolen merchandise, can elevate misdemeanor charges to felonies, highlighting Illinois’ commitment to deterring retail theft.

How Retail Theft Cases Unfold in Elgin

Retail theft cases often begin when a store employee or security personnel suspects someone of shoplifting. In Elgin, retail stores typically rely on surveillance footage, electronic monitoring systems, and loss prevention officers to identify potential theft. Once an incident is reported, the accused may be detained until law enforcement arrives to investigate the claim.

The police will evaluate the situation, which may include reviewing surveillance footage, interviewing witnesses, and examining the alleged stolen merchandise. Following an arrest, the individual is taken into custody and booked at a local police station. Depending on the circumstances, they may be released on bail or required to remain in custody until their arraignment, where formal charges are filed.

The Criminal Process for Retail Theft Charges

The legal process for retail theft in Illinois involves several stages, each critical to the outcome of the case. After an arraignment, where the charges are read and the defendant enters a plea, the case moves to the discovery phase. During discovery, both the prosecution and defense exchange evidence. This is a crucial time for the defense attorney to review surveillance footage, witness statements, and police reports for inconsistencies or procedural errors.

Pretrial motions may be filed to suppress improperly obtained evidence or to dismiss the case if the prosecution’s evidence is insufficient. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the alleged offense. The defense attorney will challenge the evidence, present alternative explanations, and argue for the dismissal or reduction of charges.

Evidence in Retail Theft Cases

Evidence is central to any retail theft case. Common types of evidence used in these cases include surveillance footage showing the defendant’s actions, witness statements from store employees or customers, and physical evidence such as the alleged stolen items or price tags. Electronic transaction records may also play a role in cases involving under-ringing or price manipulation. The retail theft defense attorney’s role is to scrutinize this evidence for errors, inconsistencies, or violations of the defendant’s rights.

Defending Against Retail Theft Charges

Several legal defenses can be used in retail theft cases, depending on the specific circumstances. A common defense is lack of intent, as accidental actions such as forgetting to pay for an item do not constitute a crime. Mistaken identity may also be a defense, particularly in busy stores or cases with unclear surveillance footage. Procedural violations, such as unlawful detention by store security or improper evidence collection, can also be used to challenge the prosecution’s case.

Call Us Today For Your Free Consultation

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