What Is Retail Theft in Illinois?
Under Illinois law (720 ILCS 5/16-25), Retail Theft is defined as taking possession of, carrying away, or transferring any merchandise from a retail establishment with the intent to deprive the merchant of the full retail value of that merchandise. This includes:
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Taking items without paying
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Altering or removing price tags
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Transferring items from one container to another to pay less
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Under-ringing by a cashier (who may be complicit)
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Using a theft detection shielding device (like foil-lined bags)
Illinois law also treats return fraud, such as returning stolen goods for a refund or store credit, as a form of Retail Theft.
How Long Do Authorities Have to Arrest You for Shoplifting?
One of the most common questions I get is: “Can I be arrested days or even weeks after the incident?” The answer is yes.
Illinois law allows for a statute of limitations of up to 18 months for misdemeanor theft and 3 years for felony theft. This means the police don’t have to arrest you on the spot. In fact, in many cases, shoplifting suspects are identified later through surveillance footage, witness statements, or internal store investigations. The store might then pass the evidence to law enforcement, who will issue a warrant for your arrest.
In cases involving organized retail theft or larger dollar amounts, arrests might happen months later as part of a broader investigation.
Real-Life Case Examples
Example 1: Delayed Arrest After Surveillance Review
A young woman was shopping at a large retail chain in Schaumburg, IL. She took a jacket worth $300 and left without paying. She wasn’t stopped by store security at the time. Two weeks later, the store’s loss prevention officer reviewed video footage, identified her through a credit card she used earlier, and handed everything over to police. A warrant was issued for her arrest, and she was charged with felony Retail Theft.
Example 2: Mistaken Identity Resolved with Legal Help
In another case, a client was mistakenly accused of shoplifting from a department store in Oak Brook. A loss prevention employee incorrectly identified him using grainy surveillance footage. He was arrested weeks later. I was able to prove that he was at work at the time of the alleged theft, and the charges were dropped—but not before his reputation and job were put at risk.
These examples show why it’s important to speak with an experienced criminal defense attorney as soon as you learn you’re under investigation—even if you haven’t been arrested yet.
Misdemeanor vs. Felony Retail Theft Charges
The value of the stolen merchandise determines whether you’re facing a misdemeanor or a felony:
| Value of Items Stolen | Charge Level | Possible Penalties |
|---|---|---|
| Under $300 (first offense) | Class A Misdemeanor | Up to 1 year in jail, $2,500 fine |
| $300 or more | Class 3 Felony | 2 to 5 years in prison, up to $25,000 fine |
| Under $300 (with prior) | Class 4 Felony | 1 to 3 years in prison, up to $25,000 fine |
Enhanced penalties may apply if:
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You used an emergency exit during the theft
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You were working in concert with others (organized retail theft)
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You’ve had prior Retail Theft convictions
Long-Term Consequences of a Retail Theft Charge
Even a misdemeanor shoplifting conviction can have lifelong consequences, including:
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Criminal Record: A Retail Theft conviction appears on background checks, affecting employment, housing, and education.
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Professional Licenses: Nurses, teachers, real estate agents, and others may face discipline or license revocation.
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Immigration Issues: Non-citizens risk visa denial, green card problems, or deportation.
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Civil Penalties: Stores may sue for damages under Illinois’ civil recovery law.
Can You Be Arrested Without Being Caught in the Act?
Yes. Contrary to popular belief, you do not have to be caught in the act to be arrested and charged with Retail Theft. If store employees, security footage, or digital records (like receipts or in-store sensors) suggest you stole merchandise, the store may still press charges—even days or weeks later.
What Should You Do If You’re Accused of Shoplifting?
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Do Not Speak to Store Security or Police Without a Lawyer
Anything you say can be used against you. Be polite but firm—invoke your right to remain silent and ask for a lawyer. -
Do Not Pay Civil Recovery Letters Without Legal Advice
Some stores send letters demanding hundreds of dollars in civil penalties. Do not pay or sign anything until you speak with an attorney. -
Call an Experienced Criminal Defense Attorney Immediately
The sooner you contact a lawyer, the better your chances of minimizing damage or avoiding charges entirely.
Why Hire James Dimeas for Your Retail Theft Case?
As an award-winning criminal defense attorney with over three decades of experience, I’ve defended hundreds of clients charged with Retail Theft across Cook, DuPage, Kane, and Lake counties. My knowledge of local court procedures, prosecutors, and judges allows me to fight for the best possible outcome—whether that means getting the charges dismissed, negotiating a favorable plea, or taking the case to trial.
I’ve helped clients:
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Avoid jail time
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Keep charges off their record
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Challenge illegal arrests or flawed evidence
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Dismiss or reduce civil penalties
Final Thoughts: Don’t Wait—Protect Your Future Today
If you’ve been accused or believe you may be under investigation for shoplifting, time is of the essence. Police can and do arrest people well after the incident. The best move you can make is to contact a skilled criminal defense lawyer who can begin protecting your rights immediately.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling Retail Theft and Shoplifting cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
Call me, James Dimeas, at 847-807-7405 or fill out our online form to schedule a free and confidential consultation. Let’s take the first step toward putting this behind you and protecting your future.
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