Chicago Criminal Lawyer Blog
Chicago is one of the largest financial and retail centers in the Midwest, with tens of thousands of daily transactions flowing through stores, restaurants, banks, and online platforms. With this constant movement of money, the city also sees a steady stream of credit card fraud allegations. Prosecutors in Cook County treat these cases aggressively because they believe they strike at the integrity of the financial system. Yet, not every accusation reflects criminal intent. Many cases involve misunderstandings, errors by banks, or mistaken identity.
Under Illinois law, credit card fraud is prosecuted through a combination of statutes, including 720 ILCS 5/17-31, 720 ILCS 5/17-32, and 720 ILCS 5/16-1. These laws cover conduct such as possessing a stolen card, using a counterfeit card, making unauthorized charges, or trafficking in account numbers. Whether the offense is charged as a misdemeanor or felony depends on the value of goods or services obtained and whether the individual has prior convictions. Using a card for purchases under $300 may fall into misdemeanor territory, but anything beyond that often becomes a felony carrying the potential for years in prison.
When cases begin, the police typically receive reports from cardholders, merchants, or banks. Detectives then conduct investigations that may last weeks, involving surveillance, subpoenaed bank records, and electronic data. Once an arrest is made, the accused is brought before a judge for a bond hearing, where conditions of release are determined. From there, the prosecution files formal charges, and the criminal case process begins.
Every step presents risk. From pretrial discovery to courtroom litigation, the State’s Attorney seeks to secure a conviction. Yet, with the guidance of a seasoned defense lawyer, defendants have opportunities to challenge evidence, question investigative methods, and assert defenses that could lead to dismissal or reduction of charges.
How the Criminal Defense Process Works in Illinois Credit Card Fraud Cases
The defense process begins the moment someone learns they are under investigation or has been arrested. In Chicago, that often means being processed at a local police district and then appearing in bond court at the Leighton Criminal Court Building on 26th and California. Having an attorney at this stage can mean the difference between release and pretrial detention. Judges consider factors such as criminal history, community ties, and the seriousness of the alleged conduct when setting bond.
The next step is arraignment, where the charges are formally read, and a plea of guilty or not guilty is entered. From there, discovery begins. This is one of the most critical phases, as the prosecution must provide the defense with its evidence. In credit card fraud cases, that evidence often includes:
-
Transaction histories and account statements
-
Surveillance video from stores or ATMs
-
Testimony from merchants or victims
-
Digital evidence linking online purchases to IP addresses or devices
Each piece of evidence must be carefully analyzed. For example, surveillance footage may not clearly identify the person in question, and witnesses may be mistaken. IP addresses can be misleading because multiple individuals may have access to the same internet connection. Even possession of a credit card does not necessarily prove knowledge or intent to commit fraud.
Pretrial motions are where an attorney can seek to exclude evidence obtained through unlawful searches or seizures. For instance, if police searched a suspect’s phone without a warrant, digital evidence could be suppressed. Suppression motions can dramatically weaken the prosecution’s case, sometimes leading to dismissals before trial.
If the case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt. That burden is heavy, especially in fraud cases where intent is central. A defense lawyer may highlight weaknesses in the state’s evidence, propose alternative explanations, or present witnesses that support the defendant’s account.
Fictional Chicago Example: A Defense in Action
Consider a case from a Chicago South Side neighborhood. Police accuse a woman of using a stolen credit card to purchase electronics at a big-box store. The prosecution presents receipts, surveillance video, and testimony from a store clerk who remembers seeing her at the register. On its face, the case looks strong.
However, her defense attorney digs deeper. The surveillance footage is grainy, showing a figure of similar height and build but lacking clear facial features. The clerk admits under cross-examination that they only briefly interacted with the suspect and cannot be certain of the identification. Most importantly, the credit card was discovered in her car during a search following a traffic stop. That stop was made without reasonable suspicion, meaning the search may have been unconstitutional. After filing a motion to suppress, the court rules that the card evidence is inadmissible. With the main piece of evidence excluded and the remaining evidence weak, the prosecution dismisses the charges.
This fictional but realistic example demonstrates how defense strategies work in Chicago credit card fraud cases. Even when the state believes it has a strong case, constitutional violations and evidentiary weaknesses can lead to favorable outcomes for the defendant.
Potential Defenses in Illinois Credit Card Fraud Cases
The most effective defenses are tailored to the facts of each case. Common defenses include:
-
Lack of intent: Simply possessing a credit card is not proof that someone intended to use it fraudulently.
-
Mistaken identity: Surveillance footage and witness identifications are often unreliable.
-
Unlawful search and seizure: Evidence obtained without proper warrants or probable cause can be suppressed.
-
Insufficient evidence: The state must prove beyond a reasonable doubt that the accused committed the crime.
An experienced attorney will evaluate all possible defenses, build a strategy tailored to the facts, and challenge the prosecution at every turn.
Chicago Credit Card Fraud Defense FAQs
What Illinois statutes cover credit card fraud?
Credit card fraud is generally prosecuted under 720 ILCS 5/17-31, 5/17-32, and related theft statutes such as 5/16-1. These provisions cover using, possessing, or trafficking in stolen, counterfeit, or unauthorized credit and debit cards. The classification as misdemeanor or felony depends largely on the value of property obtained and prior convictions.
Is credit card fraud always a felony in Illinois?
Not always. Using a stolen card for less than $300 in goods or services can be charged as a misdemeanor. However, if the value exceeds $300, or if the offense is repeated within a year, the charges generally rise to felony levels. Felony classifications carry significant prison time and fines.
What penalties can I face if convicted of credit card fraud in Chicago?
Penalties depend on the classification. A Class A misdemeanor can mean up to one year in jail and fines up to $2,500. A Class 3 felony carries two to five years in prison, while a Class 2 felony can mean three to seven years. Restitution and probation conditions are also common.
How do Chicago police investigate these cases?
Investigations often involve cooperation between local police, banks, and even federal agencies. Detectives analyze purchase records, collect surveillance video, interview witnesses, and may subpoena electronic data. These investigations can last weeks or months before an arrest occurs.
What role does intent play in these cases?
Intent is central. Prosecutors must show not just that a card was used, but that the accused knowingly used it without authorization. Without proof of intent, a conviction cannot stand. This is often the strongest point of defense.
Can evidence be suppressed in a credit card fraud case?
Yes. If police obtained evidence without a warrant or violated constitutional protections, that evidence can be excluded. For example, if a phone was searched without consent or a valid warrant, any digital records found may be suppressed.
Why do I need an attorney for a fraud case in Illinois?
Credit card fraud cases are complex, involving financial documents, electronic evidence, and constitutional law. Without an attorney, defendants risk being overwhelmed by the prosecution’s resources. An attorney can challenge evidence, negotiate with prosecutors, and present strong defenses at trial.
What should I ask in a free consultation with a criminal defense lawyer?
Clients should ask about the attorney’s experience in fraud cases, familiarity with Cook County courts, approach to challenging evidence, and availability during the case. Understanding how the attorney plans to defend against the charges is critical to building trust and confidence.
Can a conviction for credit card fraud affect my future beyond the courtroom?
Absolutely. A fraud conviction can appear on background checks, making it difficult to secure employment, housing, or professional licenses. The reputational damage can be lasting, which is why fighting the charges aggressively is so important.
Why should I choose The Law Offices of David L. Freidberg?
With decades of defending clients in Chicago and surrounding counties, my firm has the experience and courtroom skill to handle complex financial crimes. I offer free consultations 24/7 and represent clients in Cook, DuPage, Will, and Lake Counties. My focus is on protecting your rights, challenging the state’s case, and fighting for your freedom.
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.
