Articles Posted in Theft

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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.

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How a Simple Mistake Can Turn Into a Permanent Criminal Record

I have represented clients throughout Chicago—from the Loop to Lincoln Park—who thought a shoplifting charge would “blow over” on its own. Unfortunately, that’s rarely how it works. Under 720 ILCS 5/16-25, Illinois law treats retail theft as a serious criminal offense. Even a first-time arrest can carry jail exposure, fines, and a lifetime criminal record that employers and landlords can see. The worst mistake someone can make after being charged with shoplifting is assuming the case is too minor to need a lawyer.

Every retail theft case begins with an accusation that someone knowingly took or attempted to take merchandise without paying its full value. That can include concealing an item, swapping price tags, or walking past a register without payment. What many people don’t realize is that intent is the key legal element—and proving intent isn’t always straightforward. A distracted shopper or a person who makes a simple mistake can still be arrested, even when no theft was intended.

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Chicago’s Position on Social Security Number Fraud

Chicago has long been one of the busiest financial centers in the Midwest. With its banks, credit unions, tax preparers, and thousands of employers, it is no surprise that allegations of Social Security number misuse are aggressively investigated and prosecuted in this city. Prosecutors see these cases not as minor paperwork problems but as crimes that undermine public trust in financial institutions and government systems.

Illinois law is clear. Under 720 ILCS 5/16G-15, identity theft occurs when someone knowingly uses another person’s identifying information, such as a Social Security number, to commit fraud or obtain money, goods, services, or other benefits. The statute applies even if no financial loss occurs. That means someone accused of trying to use another’s Social Security number may face charges even if no money was stolen.

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Chicago is one of the busiest cities in the nation when it comes to financial transactions. From shopping on Michigan Avenue to ordering food online from Hyde Park, every swipe or click involves sensitive financial information. Unfortunately, when problems occur—such as the unauthorized use of a credit card—law enforcement and prosecutors in Illinois treat these incidents with extraordinary seriousness.

Under Illinois law, using, possessing, or attempting to use a stolen credit card is not considered a minor offense. Even a small fraudulent charge can lead to criminal prosecution. The Illinois Compiled Statutes, including 720 ILCS 5/16G (Identity Theft) and 720 ILCS 5/17-31 (Unlawful Use of a Credit Card), give prosecutors wide authority to pursue charges. In many cases, defendants are surprised to learn that they can face felony charges for conduct that might seem insignificant to them at the time.

What many Chicago residents do not realize is that credit card and identity theft cases often hinge on circumstantial or digital evidence. A single mistaken identification on surveillance video, or being in possession of a card that someone else handed you, can quickly escalate into a life-changing criminal case. Having a defense lawyer who understands both the city and the law is critical to protecting your future.

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Chicago has always been a city of commerce. From downtown office towers to local businesses in neighborhoods like Pilsen, Bronzeville, and West Loop, millions of transactions occur every day. With so much personal and financial data being exchanged, it is no surprise that Illinois has strict laws on identity theft. The Illinois Identity Theft Statute, 720 ILCS 5/16G, makes it a crime to knowingly transfer, possess, or use another individual’s identifying information without authorization and with intent to commit fraud.

Identifying information can include Social Security numbers, bank account details, driver’s license numbers, or credit card information. The statute applies whether the transfer occurs electronically, by paper, or even verbally. What makes this charge so serious is that prosecutors in Cook County rarely file it as a minor misdemeanor. Most cases are elevated to felony charges, exposing defendants to prison sentences and large restitution orders.

Illinois law recognizes multiple levels of identity theft. A person charged with simply possessing another’s personal information without intent to use it might face a lower-level offense. But when prosecutors believe that information was transferred to another person for fraudulent purposes, the charges increase in severity. Class 3 felony charges often apply, punishable by two to five years in state prison. If aggravating factors exist—such as financial loss above certain amounts or targeting elderly victims—the charge may escalate to a Class 2 or Class 1 felony with even longer sentences.

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Chicago is a city built on commerce, banking, and trade. From the Loop’s financial district to neighborhood banks and retail stores, the use of personal identity information is constant. With so much digital and physical data in circulation, Illinois has criminalized the unlawful possession of another person’s identity information under 720 ILCS 5/16G-15.

This law makes it a crime to knowingly possess another’s personal identifying information without permission when there is intent to commit fraud. Identifying information may include a Social Security number, bank account number, driver’s license, state ID, passport, or credit card information.

The seriousness of charges depends on the scope of the alleged possession and whether prosecutors can prove intent. If someone is found with a single document and no evidence of fraud, prosecutors may file misdemeanor charges. But when multiple documents are found, or if evidence shows fraud, felony charges almost always follow.

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Chicago is a city of neighborhoods, each with its own character and challenges. From Lakeview to Little Village, residents interact with law enforcement in countless ways every day. A common offense that often surprises people is being charged for giving false identity information to police. Illinois law under 720 ILCS 5/31-4.5, known as obstructing identification, makes it illegal for a person who has been lawfully detained to knowingly give false or fictitious information about their name, address, or date of birth to an officer.

This offense is not considered a minor oversight in Illinois. In fact, it is treated as a Class A misdemeanor, the highest level of misdemeanor in the state, carrying up to 364 days in the Cook County Jail and fines of up to $2,500. Certain circumstances can make the matter more serious. If the false identity causes another person to be charged with a crime or materially interferes with an investigation, the State may pursue felony charges.

Chicago prosecutors see this crime frequently, especially in cases linked to traffic stops, public intoxication, or street-level investigations. Because the city has such a dense population and active police presence, even a simple traffic violation in neighborhoods like Bronzeville or Albany Park can lead to an arrest for obstructing identification.

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Chicago is a city with deep roots in finance, commerce, and community life. From the business towers in the Loop to residential areas like Albany Park and Bronzeville, the city runs on trust between residents, financial institutions, and local services. When that trust is broken by accusations of identity theft—particularly when the alleged victim is someone with a disability—law enforcement takes an aggressive approach.

Under Illinois law, aggravated identity theft is not treated like ordinary financial misconduct. It is considered an attack on the integrity of vulnerable residents, and the charge carries felony penalties. The statute at the heart of these cases is 720 ILCS 5/16-30, which outlines the offense of identity theft, and subsection (b) which covers aggravated identity theft. When prosecutors believe the victim is disabled, the charge escalates automatically, making it a Class 2 felony at minimum.

Unlike some lower-level crimes in Illinois that may be treated as misdemeanors, aggravated identity theft is never a misdemeanor. It is always a felony, and often one that draws heavy scrutiny from the Cook County State’s Attorney’s financial crimes division. Even first-time offenders can face years in prison, alongside steep financial penalties.

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Understanding Exploitation Charges in Chicago, Illinois

Chicago is one of the busiest cities in the Midwest, and the court system in Cook County handles some of the most serious criminal cases in Illinois. Among these are cases involving allegations of exploiting a person with a developmental disability. Illinois lawmakers have made it clear that crimes involving vulnerable populations will not be treated lightly.

Under the Illinois Criminal Code, exploitation can take many forms. It may involve financial manipulation, physical abuse, emotional mistreatment, or even neglect. The law is structured to protect individuals who are not able to fully advocate for themselves. As a result, prosecutors often push aggressively for felony charges in these cases.

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Chicago is home to one of the largest concentrations of veterans and military service members in Illinois. From residents commuting to Naval Station Great Lakes, to reservists and National Guard members balancing civilian life with military duty, the city and its surrounding counties have a strong connection to the armed forces. Unfortunately, this visibility also means that service members are sometimes targeted by identity thieves.

Illinois lawmakers recognize that stealing the identity of a military service member can be especially damaging. It not only threatens financial stability, but also puts service members’ deployment status, benefits, and security clearances at risk. Because of these unique vulnerabilities, Illinois has made identity theft against a military service member an aggravated offense under 720 ILCS 5/16G-20.

Aggravated identity theft is charged more harshly than standard identity theft under 720 ILCS 5/16G-15. What might normally be a lower-level felony is automatically elevated if the victim is an active duty member of the Armed Services, a reservist on active orders, or the spouse of a service member. In Chicago, Cook County prosecutors — and sometimes federal authorities — pursue these cases aggressively, seeking longer prison sentences and higher fines.

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