A retail theft charge in Chicago is a very serious legal matter. If convicted, you could face fines, a criminal record, and jail time. Under 720 ILCS 5/16-25, retail theft occurs when an individual knowingly takes merchandise from a retail establishment without paying for it. Right now, it is important that you understand your legal options and potential defenses. A strong defense strategy can mean the difference between a conviction and a favorable outcome.
Legal Defenses Against Retail Theft Charges
1. Lack Of Intent
Intent is a key element of any retail theft charge. Prosecutors must prove that you intended to permanently deprive the store of its merchandise. If an item is accidentally placed in a bag or cart, there may be no criminal intent. Proving that the incident was a misunderstanding can lead to reduced charges or a dismissal.
2. Lack Of Evidence
The prosecution bears the burden of proving guilt beyond a reasonable doubt. If there is no direct evidence that you took an item without paying, or if security footage does not clearly show theft, the case may not hold up in court. Without sufficient evidence, charges can be challenged and potentially dismissed.
3. Mistaken Identity
Many retail theft cases involve surveillance footage or eyewitness accounts. If law enforcement arrested the wrong person based on a mistaken identification, this can be challenged in court. Poor-quality video footage, biased witnesses, or unreliable security personnel can weaken the prosecution’s case.
4. Illegal Search And Seizure
Under the Fourth Amendment, law enforcement and store security must follow proper procedures when detaining or searching individuals suspected of retail theft. If you were searched without probable cause or detained unlawfully, any evidence obtained may be inadmissible in court. This defense can lead to the suppression of evidence and a weakened case against you.
5. Duress Or Coercion
If you were forced or threatened into committing retail theft by another person, you may have a legal defense under 720 ILCS 5/7-11. Duress occurs when someone commits a crime because they are under immediate threat of harm. If this applies, the charges may be dropped or reduced.
6. Merchandise Was Paid For
Retail systems are not infallible, and mistakes can happen at self-checkout kiosks or registers. If an item was mistakenly scanned at the wrong price or was already paid for but not properly recorded, this can be used as a defense.
FAQs About Retail Theft Charges In Illinois
Can A First-Time Retail Theft Charge Be Dropped?
Yes, first-time offenders may be eligible for diversion programs, community service, or probation instead of a conviction. Prosecutors sometimes agree to drop charges if restitution is paid or if there is insufficient evidence.
What Are The Penalties For Retail Theft In Illinois?
Retail theft involving property valued under $300 is a Class A misdemeanor, carrying up to one year in jail and fines of up to $2,500. If the value exceeds $300, it becomes a felony, which carries more severe penalties, including possible prison time.
Can Store Security Detain Someone For Suspected Retail Theft?
Yes. Under Illinois law, store security has the right to detain a person suspected of shoplifting for a reasonable time while investigating. However, they cannot use excessive force or detain someone for an unreasonable period.
How Can An Attorney Help Fight Retail Theft Charges?
A defense attorney can examine the details of the case, identify weaknesses in the prosecution’s evidence, and negotiate for reduced charges or case dismissal. Legal representation is critical in protecting your rights and securing the best possible outcome.
Contact Our Chicago Theft Lawyer For Your Free Consultation
At Edward Johnson & Associates, we know how a retail theft charge can impact your future. Our Chicago retail theft defense attorneys are committed to building a strong defense strategy tailored to your situation. Whether your case involves mistaken identity, lack of evidence, or a misunderstanding, we are here to help. Contact our Chicago theft lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our offices are located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro area. If you are facing retail theft charges, take action now to protect your rights and your future.