Facing a retail theft charge in Illinois can be intimidating, but there are several ways to challenge the accusations and protect your rights. In Illinois, retail theft, commonly known as shoplifting, is defined under 720 ILCS 5/16-25. It includes acts such as taking merchandise without paying, altering price tags, or transferring goods to avoid payment. Here’s how you can fight a retail theft charge and potentially beat it, leading to a positive resolution for your case.
Understanding Retail Theft Charges
First, let’s break down what constitutes retail theft in Illinois. According to 720 ILCS 5/16-25, retail theft can include:
- Taking merchandise with the intent to deprive the merchant of its value.
- Altering or removing merchandise price tags to pay less.
- Transferring items from one container to another to avoid paying full price.
- Under-ringing or charging less than the full retail value.
- Possessing or using a theft detection shielding device.
Potential Legal Defenses Against Retail Theft
Lack of Intent
One of the primary defenses is proving that there was no intent to steal. Retail theft requires an intent to permanently deprive the merchant of their property. If you can show that you mistakenly took the item or forgot to pay, this could be a viable defense.
Mistaken Identity
Surveillance footage can sometimes lead to mistaken identity. If you can prove that you were not the person who committed the theft, this could exonerate you. Witness statements and alibis can be crucial here.
Lack of Probable Cause
If the store personnel or law enforcement did not have probable cause to detain you, any evidence obtained during the detention might be inadmissible in court. Probable cause means that there are reasonable grounds to believe you committed the crime.
Violation of Rights
Any evidence obtained through unlawful search and seizure can be challenged in court. Under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. If your rights were violated, the evidence might be thrown out.
Challenging Evidence
Examine the evidence against you closely. Surveillance videos can sometimes be unclear or inconclusive. If the evidence is not strong enough to prove beyond a reasonable doubt that you committed the theft, you might be acquitted.
Witness Credibility
The credibility of witnesses can significantly impact the case. If the prosecution’s witnesses are unreliable or have a history of dishonesty, their testimony may be challenged and possibly disregarded.
Defending against a retail theft charge can be complex, and having a knowledgeable and experienced retail theft defense attorney by your side is crucial. An experienced defense attorney can help you understand your legal rights, evaluate the evidence against you, and build an effective legal defense.
FAQs About Retail Theft Defense In Illinois
What should I do if I am accused of retail theft in Illinois?
If you are accused of retail theft, remain calm and do not make any statements or admissions to store personnel or law enforcement without an attorney present. Contact a defense attorney as soon as possible to discuss your case and understand your rights.
Can I be charged with retail theft even if I did not leave the store with the merchandise?
Yes, you can still be charged with retail theft even if you did not leave the store. The intent to permanently deprive the merchant of their property is sufficient for a charge, which can be established if you concealed the item or altered price tags.
What are the potential penalties for a retail theft conviction in Illinois?
Penalties for retail theft vary based on the value of the stolen merchandise. Items valued at $300 or less are typically charged as a Class A misdemeanor, which can result in up to one year in jail and fines up to $2,500. Items over $300 can be charged as a felony, leading to more severe penalties, including prison time and higher fines.
Can a retail theft charge be expunged from my record?
In some cases, a retail theft conviction can be expunged or sealed from your record, depending on the specifics of the case and your criminal history. Consulting with an attorney can provide clarity on your eligibility for expungement.
How can an attorney help me with a retail theft charge?
An attorney can review the evidence against you, identify weaknesses in the prosecution’s case, and develop a strategic defense. They can negotiate with prosecutors for reduced charges or penalties and represent you in court to achieve the best possible outcome.
Call Our Chicago Retail Theft Defense Attorney
If you or someone you know is facing a retail theft charge in Illinois, it’s crucial to act quickly and seek professional legal assistance. At Edward Johnson & Associates P.C., we are committed to providing the guidance and support you need to navigate this challenging situation. Contact our Chicago retail theft defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Let us help you protect your rights and fight for the best possible outcome.