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Facing Retail Theft Charges in Chicago: Building Your Defense
|Last Updated on: 30th September 2023, 09:57 pm
Facing Retail Theft Charges in Chicago: Building Your Defense
Hey there, looks like you got caught up in some trouble. Getting arrested and charged with retail theft can be really scary, but try to stay calm. I know this is easier said than done, but freaking out won’t help anything. Let’s take a deep breath and go through this step-by-step.
First off, retail theft–also known as shoplifting–is no joke in Illinois. The laws here are pretty strict, and charges can pile up fast if you aren’t careful. But don’t panic! There are good defenses we can use, especially if this is your first offense. The key is to start building your case right away with an experienced Chicago criminal defense attorney on your side.
I get it, lawyers can be intimidating and expensive. But trust me, having a pro who knows the system and the law will be worth every penny in the long run. Public defenders are free, but they are super overworked. Better to beg and borrow from friends and family for a private attorney than take a chance with the PD. Make some calls and find someone who will work with you on costs. Payment plans or credit cards could be options too.
Okay, now that you’ve got representation lined up, let’s look at the charges. In Illinois, retail theft falls under the law 720 ILCS 5/16-25. There are a bunch of different classifications, based on what was stolen and your criminal history. The lowest level is a Class A misdemeanor, but it can also be a felony.
Some key factors:
- Value of merchandise – Under $300 is a misdemeanor, over $300 becomes a felony.
- Previous convictions – More than one retail theft in a year can upgrade charges.
- Type of merchandise – Stuff like guns, car parts, and some electronics bump it to a felony quick.
Obviously, we want to avoid a felony charge if at all possible. Not only can that mean hard prison time, but felonies are forever–your record will never fully recover. So we need to strategize based on the specifics of your case.
For a first-time misdemeanor, a common defense is proving you never intended to steal. Maybe you forgot an item was in your bag or pocket by accident. Or you meant to pay but got distracted and walked out by mistake. It’s not theft if you lacked intent!
We would gather evidence about your character and history of honesty. Testimonies from friends, employers, church leaders–anyone who can speak to your integrity. If you’ve volunteered or donated to charity, that helps too. Juries love that stuff.
For more serious or repeat offenses, things get trickier. We may need to dig into the store’s security procedures or argue improper detention if you were stopped. Perhaps the merchandise was mislabeled or you were racially profiled. There are creative ways to fight retail theft charges, you just need an attorney who knows how to find them.
No matter what defenses we use, having an open dialog with the prosecutor is key. Keeping charges at the misdemeanor level through a plea bargain or pretrial diversion program may be the best option. A skilled lawyer knows when to push hard and when to strategically compromise.
I know this all sounds overwhelming. Being arrested is traumatic, and the legal system is confusing even for lawyers! But you don’t have to figure this out alone. With an experienced Chicago retail theft attorney advising you, we can get through this together.
It’s going to be ok. Many people make dumb mistakes but go on to live happy, successful lives. This will pass sooner than you think. For now, take another deep breath. Make some calls to find your lawyer. And trust that there are plenty of options and defenses to get you the best possible outcome. You got this!