In this article, we’ll explore the legal realities of shoplifting charges, explain how law enforcement handles these cases, and outline what you should do if you’re facing a Retail Theft charge. Whether you made a mistake or you’re being falsely accused, this guide is for you.
Understanding Retail Theft in Illinois
Under Illinois law (720 ILCS 5/16-25), Retail Theft occurs when a person knowingly takes merchandise from a retail establishment with the intent to deprive the merchant of full retail value. This includes:
- Leaving the store with unpaid merchandise
- Altering or removing price tags
- Transferring merchandise to another container
- Under-ringing an item with the assistance of an employee
- Returning stolen merchandise for a refund or store credit
Retail Theft doesn’t require you to be caught inside the store. You can be charged even after you’ve left the premises, as long as the intent to steal can be proven.
Can You Get Caught After Leaving the Store?
Absolutely. In today’s world, many, if not most, retail stores are equipped with high-definition surveillance systems. Loss prevention officers (LPOs) often work behind the scenes monitoring suspicious activity and recording potential thefts. If they don’t stop you right away, they can:
- Review footage and identify you
- Collect your vehicle information
- Notify law enforcement after confirming the theft
In many cases, the police will contact you days or even weeks later. You may receive a phone call, a letter, or a visit from an officer. In more serious cases, you might even receive a notice to appear in court or a warrant for your arrest.
Example Case: A client of mine was caught on camera placing several clothing items in a large handbag. She exited the store without paying and wasn’t stopped by security. However, the footage was reviewed the next day, and her vehicle plate was reported to police from a security camera in the store parking lot. She was charged with Retail Theft a week later.
What Happens If You’re Charged with Retail Theft?
The consequences of a Retail Theft charge in Illinois vary based on the value of the merchandise and your prior criminal history.
- Under $300: Usually a Class A Misdemeanor, punishable by up to 1 year in jail and a fine up to $2,500.
- Over $300: This can elevate the charge to a Class 3 or even Class 2 Felony, carrying potential prison time of 2 to 7 years or more. Lately, every case that’s over $300 is being chargged as a felony.
- Repeat Offenders: If you have a prior theft conviction, even a low-dollar theft can become a felony.
Beyond the legal penalties, a Retail Theft conviction can have long-term consequences:
- A permanent criminal record
- Difficulty finding employment
- Immigration consequences for non-citizens
- Damage to your reputation and personal relationships
How a Criminal Defense Attorney Can Help
If you’re facing a Retail Theft charge, having an experienced attorney is critical. Here’s how I approach these cases:
1. Review the Evidence
I obtain surveillance footage, loss prevention reports, and police documentation. If there are weaknesses in the prosecution’s case—such as unclear footage or improper procedure—I use them to fight the charges.
2. Challenge Intent
Intent is key in a Retail Theft case. If I can show that my client did not intend to steal—for example, they forgot to pay, were distracted, or had a genuine misunderstanding—it can lead to reduced or dismissed charges.
3. Negotiate Alternatives
For first-time offenders, I often negotiate for:
- Deferred prosecution programs
- Court supervision
- Dismissal after community service or theft education classes
These outcomes avoid a conviction and help protect your future.
4. Expunge Your Record
If your case is dismissed or you complete court supervision successfully, I can help you clear your record through expungement.
Real Results for Real Clients
Over my career, I’ve helped hundreds of clients charged with Retail Theft achieve favorable outcomes. Here are a few:
- Case Dismissed: A young college student charged with stealing cosmetics. We showed it was an accident and secured a dismissal.
- No Conviction: A man facing felony Retail Theft due to a prior conviction. I negotiated a plea to a misdemeanor with no jail time.
- Expunged Record: A woman caught shoplifting during a mental health crisis. After court supervision, I expunged her record completely.
What Should You Do Now?
If you’re reading this because you’ve been caught shoplifting or suspect charges may be coming, don’t wait. The sooner you get legal advice, the better your chances of minimizing the damage.
Avoid speaking to police or store personnel without an attorney. What you say can and will be used against you. Instead, contact a lawyer who understands the system and will fight to protect your rights.
Contact Attorney James Dimeas Today
I’ve spent over 32 years defending clients in Retail Theft cases throughout Cook County, DuPage County, Kane County, and the surrounding areas. I offer honest advice, aggressive defense, and personal attention to every case.
Call me now at 847)-807-7405 or fill put our online form for a free consultation. Let’s work together to protect your future!
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