Retail Theft Defense Lawyer in Naperville, Illinois

Naperville, Illinois, one of the largest cities in the state, is known for its thriving community, beautiful downtown, and proximity to Chicago. Despite its reputation as a safe and welcoming city, retail theft cases frequently arise in its busy shopping districts. Retail theft, also known as shoplifting, can lead to serious legal consequences under Illinois law. Even minor offenses can result in jail time, fines, and a permanent criminal record. If you’ve been charged with retail theft in Naperville, it’s essential to understand your rights and the importance of having an experienced Naperville retail theft defense attorney by your side.

Understanding Illinois Retail Theft Laws

Retail theft in Illinois is governed by 720 ILCS 5/16-25, which defines it as knowingly taking or attempting to take merchandise from a retail establishment without paying its full retail value. The law includes several specific actions, such as removing items from the store, altering price tags to pay less, or under-ringing items at checkout. The statute also covers more complex scenarios, such as failing to return leased or rented property and using theft detection shielding devices.

The severity of retail theft charges depends largely on the value of the stolen merchandise. If the total value is less than $300, the offense is usually charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. For merchandise valued at $300 or more, the charge becomes a Class 4 felony, carrying penalties of one to three years in prison and fines of up to $25,000. Repeat offenses or aggravating factors, such as using tools to avoid theft detection, can lead to enhanced charges.

How Retail Theft Cases Are Investigated

Retail theft cases in Naperville typically begin with an accusation made by store personnel or loss prevention officers. Surveillance cameras, store security systems, and employee observations are commonly used to detect potential theft. If an individual is suspected, they may be detained while law enforcement is contacted. Police will then gather evidence, such as witness statements and any recovered merchandise, to support the charges.

Once the police are involved, the suspect may be arrested or issued a notice to appear in court. At this point, the formal legal process begins, starting with an arraignment where the charges are read, and the defendant enters a plea. Having an experienced attorney at this stage is crucial, as they can review the evidence and begin crafting a defense.

Building a Defense Against Retail Theft Charges

Defending against retail theft charges involves challenging the evidence presented by the prosecution. Common defense strategies include demonstrating a lack of intent to commit theft or showing that the incident was a misunderstanding. For example, if the defendant inadvertently left the store with unpaid merchandise, their attorney can argue that there was no intention to deprive the retailer of its value.

Other defenses may involve questioning the reliability of surveillance footage, exposing inconsistencies in witness statements, or challenging the legality of the detention and arrest. An attorney can also file pretrial motions to suppress evidence obtained in violation of the defendant’s constitutional rights.

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.