Chicago Criminal Lawyer Blog
Understanding How Retail Theft in Chicago Can Affect Immigration Status
As a Chicago criminal defense lawyer with decades of courtroom experience, I’ve represented countless individuals accused of shoplifting across Cook County, from upscale retailers in the Magnificent Mile to neighborhood stores in Humboldt Park and Bridgeport. Many clients come to me unaware that a simple theft accusation can have life-altering immigration consequences.
Under Illinois law, retail theft is defined in 720 ILCS 5/16-25 as knowingly taking possession of, carrying away, transferring, or causing the transfer of merchandise from a retail establishment without paying the full retail value. It may sound like a minor offense, but depending on the facts, it can be charged as either a misdemeanor or felony.
A Class A misdemeanor involves merchandise valued at less than $300 and can result in up to one year in jail, probation, fines, and a permanent criminal record. If the value exceeds $300, or the person has prior theft convictions, the case escalates to a Class 3 felony, punishable by up to five years in the Illinois Department of Corrections.
Beyond the state penalties, immigrants—whether lawful permanent residents, visa holders, or undocumented individuals—face additional danger. Federal immigration authorities often classify theft-related offenses as crimes involving moral turpitude (CIMTs). Even a single conviction for a CIMT can trigger deportation under 8 U.S.C. §1227(a)(2)(A)(i), especially if the potential sentence exceeds one year.
That means someone could lose their ability to remain in the United States over a $50 item from a store shelf. This intersection between criminal and immigration law is where experienced defense matters most.
The Illinois Criminal Process and What to Expect After a Shoplifting Arrest
When a Chicago police officer or store security suspects shoplifting, the process begins quickly. In most cases, the accused is detained inside the store, and officers are called to investigate. The police may review surveillance footage, take statements from store employees, and collect the alleged stolen items as evidence.
After an arrest, the person is typically taken to a district station for booking. Fingerprints and photographs are collected, and the individual may be released on bond or held for a hearing before a Cook County judge. This is the first chance for your defense attorney to intervene—filing motions to preserve evidence and reviewing whether the arrest was lawfully conducted.
At the arraignment, the defendant hears the formal charges and enters a plea. From there, the case moves into pre-trial discovery, where both sides exchange evidence. As a defense lawyer, I scrutinize every detail: surveillance videos, officer reports, witness statements, and body camera footage. I look for inconsistencies and errors in the evidence chain or Miranda warnings.
If the evidence is weak, I can file motions to dismiss the case or suppress unlawfully obtained evidence. In many instances, I negotiate with the prosecutor to pursue deferred prosecution programs or court supervision, which allow clients to complete community service or theft education classes instead of receiving a conviction.
The goal is always to protect your record and, if you are not a U.S. citizen, your immigration status. Immigration law treats any admission of guilt, even a plea to a lesser offense, as a potential ground for removal. That’s why I advise clients never to enter any plea—no matter how minor the deal seems—without consulting both a criminal defense lawyer and an immigration attorney.
How Shoplifting Convictions Affect Immigration in Illinois
In Chicago’s large immigrant population, even minor offenses can create devastating consequences. Under federal law, crimes of theft or fraud are often treated as crimes involving moral turpitude (CIMTs). The immigration courts are less concerned with whether the offense was a misdemeanor or felony—they focus on the nature of the offense and the sentence that could be imposed.
For lawful permanent residents, a shoplifting conviction can block citizenship applications or result in removal proceedings. For those with DACA, asylum, TPS, or visa applications, it may terminate those protections entirely.
If the retail theft offense carried a potential sentence of at least one year, it might also be classified as an aggravated felony under 8 U.S.C. §1101(a)(43)(G). Aggravated felonies lead to automatic deportation, mandatory detention, and permanent ineligibility for re-entry to the United States.
Because of these risks, one of my first steps as a Chicago criminal defense lawyer is to analyze both the state charges and the federal immigration implications. In many cases, I work closely with immigration counsel to negotiate alternative pleas—such as disorderly conduct or trespassing—that avoid moral turpitude designations and preserve my client’s immigration eligibility.
Example: Chicago Retail Theft Case Avoiding Deportation
A client from Albany Park was charged with retail theft after being accused of concealing a small electronic device worth $250 in her purse. She had no prior record and was a lawful permanent resident awaiting naturalization. Because the item’s value was under $300, prosecutors charged her with a Class A misdemeanor.
At first, she considered pleading guilty in exchange for court supervision. However, I advised her that even a guilty plea under supervision could count as an “admission of guilt” under immigration law. Instead, we contested the charge.
I obtained the store surveillance footage and discovered the video did not clearly show her concealing the item. During cross-examination, the store’s loss prevention officer admitted he never saw her leave the store or attempt to exit without paying. The judge dismissed the case at trial.
Not only did my client avoid a criminal record—she preserved her eligibility for citizenship. This case demonstrates why immigrants accused of even minor shoplifting in Chicago must seek immediate legal help before making any admissions.
Evidence Used in Shoplifting Prosecutions
Law enforcement and prosecutors rely on multiple forms of evidence in retail theft cases, including:
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Store surveillance footage showing concealment or attempted exit without payment.
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Witness testimony from employees or security officers.
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Recovered merchandise, receipts, or altered price tags.
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Statements or confessions made during questioning.
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Body-worn camera footage from responding Chicago police officers.
A skilled Chicago criminal defense attorney challenges the admissibility of these materials. Many cases collapse when the prosecution cannot prove intent or fails to maintain a proper chain of custody. Security videos are often low-quality, and store employees may exaggerate or misunderstand a customer’s actions.
A defense lawyer can file motions to suppress evidence obtained without probable cause or dismiss cases where police failed to Mirandize the accused before questioning. Every piece of evidence must be analyzed to ensure it was lawfully collected and accurately presented.
Legal Defenses to Retail Theft Charges in Illinois
The defense strategy depends on the facts, but several approaches frequently arise in Cook County shoplifting cases. Lack of intent is the most common. The prosecution must prove beyond a reasonable doubt that the accused intended to permanently deprive the store of its property. Accidental removal, distraction, or confusion about payment methods can negate intent.
Other defenses include mistaken identity, false accusation, or unlawful detention by store personnel. Sometimes store security exceeds its authority by using physical force or detaining someone without cause, which can lead to suppression of evidence or civil liability.
In other situations, it may be possible to negotiate a resolution that avoids conviction altogether. Illinois courts sometimes offer deferred prosecution programs, theft school, or community service alternatives for first-time offenders. Completion of these programs results in dismissal, protecting both your record and your immigration status.
Every case is unique, and your attorney’s role is to craft a defense that fits your personal history, immigration standing, and the strength of the evidence.
Why You Need a Criminal Defense Attorney in Chicago
Without experienced legal representation, it’s easy to make decisions that carry permanent consequences. A public defender may not have the time to coordinate with immigration counsel or explore alternative resolutions that avoid deportation risks.
At my firm, I personally handle every stage of the process—from bond hearings and evidence review to negotiation and trial. I understand how Cook County prosecutors approach retail theft charges and how immigration law views those outcomes.
Hiring an attorney early gives you the best chance to:
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Challenge unlawful searches and detentions.
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Seek case dismissal through pretrial motions.
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Enter diversion programs that lead to case dismissal.
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Negotiate plea agreements that protect immigration eligibility.
If you’re charged with shoplifting in Chicago, Naperville, Skokie, or elsewhere in Illinois, you need an advocate who understands how one case can affect every part of your life.
FAQs About Shoplifting and Deportation in Illinois
Can I be deported for a shoplifting conviction in Illinois?
Yes. Theft-related crimes are often considered crimes involving moral turpitude under federal immigration law. Even a single misdemeanor can trigger deportation if it carries a potential one-year sentence.
Does it matter if I received supervision or probation instead of jail time?
Yes. Immigration courts may treat supervision as a conviction if you admitted guilt or facts sufficient for conviction. Always consult both a criminal defense and immigration lawyer before accepting supervision.
Will a retail theft arrest show up on background checks?
Yes, unless it’s expunged. Even dismissed charges can appear until formally sealed. An attorney can petition for expungement once your case is dismissed or you complete supervision.
Can I expunge a shoplifting conviction in Illinois?
Generally, convictions for theft cannot be expunged, though dismissals or acquittals can. This makes avoiding a conviction through negotiation or trial even more critical.
What if I was falsely accused?
False accusations occur frequently in retail environments. Video footage, eyewitness inconsistencies, and lack of evidence can be used to have the charges dismissed.
How can I protect my immigration status if charged with retail theft?
Hire a criminal defense lawyer experienced with immigration-sensitive cases. Your attorney can negotiate alternative pleas that avoid moral turpitude findings or pursue dismissal outright.
Does ICE get notified after a shoplifting arrest?
In some cases, yes—especially if fingerprints are entered into national databases. Working quickly with your attorney reduces the risk of immigration enforcement.
Is retail theft ever considered an aggravated felony?
Yes, if the offense involves a sentence of one year or more. Even if the sentence is suspended, immigration law may classify it as an aggravated felony, leading to deportation.
Can I travel internationally while my retail theft case is pending?
It’s risky. Pending charges can delay re-entry or cause denial at ports of entry. Speak with both your criminal and immigration counsel before leaving the U.S.
Why choose The Law Offices of David L. Freidberg?
Because experience matters when your future is on the line. I’ve defended hundreds of shoplifting and theft cases throughout Chicago, Cook County, and nearby jurisdictions. My priority is to protect your rights, your record, and your ability to remain in the United States.
Call The Law Offices of David L. Freidberg Today
If you’re facing retail theft or shoplifting charges anywhere in Chicago, Cook County, DuPage County, Will County, or Lake County, the consequences can reach far beyond the courtroom. Let me help protect your freedom and immigration status.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
