Chicago Criminal Lawyer Blog
You walked out of the store. Nobody stopped you. Nobody from loss prevention came running after you. The police were not waiting in the parking lot. You drove home and several days went by without hearing anything. So, you are probably wondering whether the whole thing is over. Do not make that assumption.
I have been defending people charged with Retail Theft and Shoplifting in Illinois for more than 34 years, and one of the first things I tell clients is that you do not have to be arrested inside the store—or even on the same day—to eventually find yourself facing a criminal Retail Theft charge. I have seen people contacted by police days later. I have seen investigations continue for weeks. I have seen store security review surveillance video after someone has already left and then turn that information over to the police. And I have also seen store employees get things wrong. That last point matters. A loss-prevention employee believing you stole something does not make you guilty. A police officer believing the store’s version of events does not make you guilty. Even being arrested and formally charged with Retail Theft does not make you guilty. The State still has to prove its case. That is where the defense starts.
You Do Not Have to Be Caught at the Door to Be Charged With Retail Theft
There is a common misconception that a store has to catch you in the act. It does not. A person can leave a store without being stopped and still become the subject of a Retail Theft investigation later. Retail stores today have surveillance cameras throughout their buildings. They have transaction records. They may have loyalty-account information, credit-card information, inventory records and sophisticated loss-prevention departments. If store security believes merchandise was stolen, employees can review video after the incident and try to identify the person they believe was involved. The store can then contact the police. Police may review the evidence. They may try to identify the person. They may contact the suspected individual. In some situations, the investigation may ultimately lead to criminal charges or an arrest warrant.
So if you made it out of the store without being stopped, that does not necessarily mean the matter disappeared the moment you pulled out of the parking lot.
What Exactly Is Retail Theft in Illinois?
Illinois law refers to what most people call shoplifting as Retail Theft. Under 720 ILCS 5/16-25, Retail Theft can involve taking possession of merchandise with the intent to deprive the merchant of its full retail value. But Retail Theft is broader than simply hiding merchandise under your clothing and walking out of a store. It can also include conduct such as removing or changing price tags, switching merchandise from one container to another in an effort to pay a lower price, under-ringing merchandise, certain fraudulent returns and using devices designed to interfere with theft-detection systems. But there is an important word buried in many Retail Theft cases:
Intent.
The State does not get to ignore intent. People make mistakes. Anyone who has used a crowded self-checkout lane knows that items sometimes fail to scan. People become distracted. Merchandise gets left underneath a shopping cart. A barcode may not register. Someone may believe another person in the family paid for an item. Those facts matter.There is a major difference between intentionally stealing merchandise and making a mistake during a transaction. The police may not care about that distinction when they make an arrest. I do. And a judge or jury may care about it very much.
How Long After an Alleged Shoplifting Incident Can You Be Arrested?
This is usually the question people really want answered. They want to know: “It has already been a week. Can I still get arrested?” Yes. “It has been several weeks. Can they still charge me?” Potentially, yes. The statute of limitations discussed in Illinois Retail Theft cases can generally be up to 18 months for a misdemeanor offense and three years for a felony offense. That does not mean the police will wait that long. Most cases obviously move much faster. But it does mean you should not assume that because you were not arrested immediately, nothing can happen later. There is no rule requiring store security to tackle you at the door before a Retail Theft case can exist. There is no rule requiring the police to arrest you the same afternoon. An investigation can continue after you leave.
Here Is How a Delayed Retail Theft Case Can Happen
Consider this example. A woman is shopping at a large retail store in Schaumburg. Store loss prevention later believes she left the store with a jacket worth approximately $300 that was not paid for. Nobody stops her. She leaves. Several days later, a loss-prevention employee reviews surveillance footage. The employee looks at other transactions and believes the woman can be identified through a purchase she made earlier in the store. Loss prevention turns the information over to police. The police then begin investigating. The woman may first learn there is a problem when a detective calls her and says: “We just want to hear your side of the story.” That phone call should immediately get your attention. Because when the police are calling you about merchandise they believe was stolen, they are not calling to have a casual conversation. They are investigating a crime.
Be Extremely Careful About “Explaining” Yourself to the Police
This is where people frequently hurt themselves. They panic. They think: “If I just explain what happened, the police will understand.” Maybe. Or maybe you will give them the statement they were missing. If a detective calls you about an alleged Retail Theft, you have to understand the position you are in. The detective may already have spoken to store security. The detective may already have watched surveillance footage. The detective may already have formed an opinion about what happened. Now the detective wants to hear from you. Anything you say can potentially become part of the prosecution’s case. I have represented people for decades, and I cannot tell you how many criminal cases become more difficult because a client thought they could talk their way out of trouble. Do not lie to the police. Do not argue with them. But you are not required to sit down and give them a statement simply because they ask you to. You have the right to remain silent.m You have the right to speak with a lawyer. Use those rights.
Surveillance Video Is Not Automatically the End of the Case
Another mistake people make is assuming that if a store has video, the case must be over. Not necessarily. I want to see the video. I want to know where the camera was positioned. I want to know whether the footage actually shows what store security claims it shows. Can you clearly see the person’s face? Does the recording show the entire transaction? Are there gaps? Can you actually see whether the merchandise was scanned? Does the video establish intent? Did the store preserve all of the relevant footage, or only the portion that supports its accusation? Those are defense questions. I do not simply accept the loss-prevention report as the final word about what happened. Store security employees are witnesses. They can be mistaken. They can make assumptions. They can misidentify people. And surveillance footage is evidence that has to be examined—not worshiped.
Mistaken Identification Happens
Suppose a loss-prevention employee looks at a poor-quality recording and decides a particular person is the individual shown on the video. Weeks later, police contact that person. But the identification is wrong. Maybe the accused person was at work. Maybe there are records establishing that. Maybe another camera provides a different angle. Maybe the physical description does not match. Maybe the entire identification is based on assumptions. This is why an arrest should never be confused with proof. Police officers make arrests based on probable cause. At trial, the State has a much higher burden. The prosecutor must prove guilt beyond a reasonable doubt. Those are not the same standards. Not even close.
Is Retail Theft a Misdemeanor or a Felony in Illinois?
The value of the merchandise can have an enormous effect on the seriousness of a Retail Theft charge. A first Retail Theft offense involving merchandise valued at less than $300 can generally be charged as a Class A misdemeanor. A Class A misdemeanor can carry up to one year in jail and a fine of up to $2,500.
When the value of the merchandise is $300 or more, Retail Theft can be charged as a Class 3 felony, which can carry a possible prison sentence of two to five years and a fine of up to $25,000. Retail Theft involving less than $300 may also become a Class 4 felony when certain prior convictions are involved. A Class 4 felony can carry a possible prison sentence of one to three years and a fine of up to $25,000.
Other circumstances may also affect the classification of the offense, including prior convictions, allegations involving the use of an emergency exit and situations involving organized Retail Theft. That is why I tell clients not to dismiss these cases as “just shoplifting.” Once you are facing a felony charge, there is nothing minor about the situation.
The Damage From a Retail Theft Conviction Can Go Far Beyond the Courtroom
Sometimes a client comes into my office and says: “I’m not worried about jail. I just don’t want this on my record.”I understand exactly why. A theft conviction can carry consequences long after the criminal case ends. Why? Because theft is considered a crime involving dishonesty. Think about what happens when a potential employer conducts a background check and sees a theft conviction. Think about someone applying for a professional license. Think about housing. Think about school. Think about immigration consequences for someone who is not a United States citizen. The value of the merchandise may have been relatively small. The damage caused by a conviction may not be. That is why I take Retail Theft cases seriously.
What If You Receive a Civil Demand Letter From the Store?
Retailers sometimes send civil-demand or civil-recovery letters demanding money after an alleged shoplifting incident. People receive one of these letters and panic. They think paying it will make the criminal case disappear. Do not assume that. The civil demand and the criminal case are different matters. Before paying money, signing something or making a statement in response to a civil demand, speak with a lawyer who understands Retail Theft cases. Do not create a bigger problem because you are trying to make the situation disappear as quickly as possible.
What I Look for When I Defend a Retail Theft Case
When I take on a Retail Theft case, I do not begin by assuming the store got everything right. I start with the evidence. What does the surveillance video actually show? How was my client identified? Who witnessed the alleged theft? Was the merchandise recovered? How did the store determine its value? Was there actually an intent to steal? Did my client make a statement? Were constitutional rights violated? Is there evidence contradicting the store’s version of events? Was this actually a criminal act—or did an innocent mistake get turned into a criminal accusation? Those questions matter. Sometimes the case is about identity. Sometimes it is about intent. Sometimes it is about the quality of the surveillance footage. Sometimes it is about what the police did during the investigation. And sometimes the goal is making sure that one bad decision does not destroy someone’s future. Every case is different. That is why I do not believe in cookie-cutter defenses.
Do Not Wait for the Police to Show Up Before Talking to a Lawyer
You do not have to wait until you are standing in a courtroom before hiring a criminal defense lawyer. If you know a store is accusing you of theft, or if a police detective has contacted you, getting legal advice early can matter. Sometimes evidence disappears. Video gets overwritten. Witnesses become difficult to locate.
Receipts get thrown away. Employment records become harder to obtain. The sooner I know about a case, the sooner I can begin looking at what evidence may exist and what needs to be preserved.And if the police want to question you, your lawyer can deal with that situation instead of leaving you alone to figure out what to say.
More Than 34 Years Defending People Accused of Crimes in Illinois
I have spent more than 34 years defending people accused of crimes throughout Chicago, Cook County, DuPage County, Kane County and Lake County. I have represented hundreds of people charged with Retail Theft and Shoplifting. I have seen strong cases. I have seen weak cases. I have seen surveillance footage that looked completely different once it was examined carefully. I have seen identification problems. I have seen people accused of crimes they denied committing. And I have represented good people who made a bad decision and desperately needed someone to keep that one mistake from defining the rest of their lives. My job is not to judge you. My job is to defend you. That means forcing the prosecution to prove its case. It means examining the evidence instead of blindly accepting what store security wrote in a report. It means looking for weaknesses, inconsistencies and defenses. And when the right resolution is dismissal, reduction, an alternative disposition or trial, I fight for the outcome that best protects my client.
You Walked Out of the Store. That Does Not Necessarily Mean the Case Is Over.
If you take only one thing away from this article, remember this: You can potentially be arrested for Retail Theft even if nobody stopped you when you left the store. The investigation may continue. Surveillance footage may be reviewed later. Store security may contact police. Police may contact you. But remember something else that is just as important: Being accused is not the same as being guilty. Store employees can make mistakes. Witnesses can be wrong. Video can be misinterpreted. Police can reach conclusions before hearing the entire story. And prosecutors still have to prove every element of the charge beyond a reasonable doubt. Do not help build the case against yourself by panicking and making statements before you understand what you are facing.
If you have been accused of Retail Theft, believe a store is investigating you, or have been contacted by police about an alleged shoplifting incident, call James Dimeas at 847-807-7405 or use the firm’s online contact form to schedule a free and confidential consultation.
Do not guess about what might happen.
Find out what you are dealing with—and start defending yourself.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-34 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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