Chicago Criminal Lawyer Blog
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.
Illinois Laws and Penalties for Credit Card Crimes
Illinois statutes draw a distinction between misdemeanor and felony charges based on the amount of value obtained, the number of cards involved, and the intent of the accused.
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Misdemeanor Charges: If the value of unauthorized charges is under $300 within a six-month period, a person may be charged with a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500.
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Felony Charges: Anything above $300 usually results in felony charges. For instance, a Class 4 felony can mean one to three years in prison, while a Class 3 felony can result in two to five years. If the allegations involve large-scale schemes or elderly victims, the penalties can escalate to Class 2, Class 1, or even Class X felonies, carrying up to 30 years in prison.
Courts may also impose restitution, probation, or community service. Beyond court-ordered penalties, the collateral consequences of a conviction can include an inability to obtain professional licenses, loss of current employment, and difficulty finding housing. Employers in Chicago often refuse to hire anyone with a financial crime on their record, making defense even more crucial.
How Investigations and Arrests Happen
In Chicago, investigations often begin when a bank or retailer reports suspicious activity. Detectives may work with financial institutions to track purchases and identify suspects. Surveillance footage, ATM records, and digital logs are often used to build a case.
Arrests may occur suddenly, with defendants learning of the allegations only after police appear at their home or workplace. Others may be summoned to court following an investigation. In either scenario, law enforcement often assumes guilt based on possession of a card or circumstantial links. A defense lawyer must carefully examine whether law enforcement respected constitutional protections against illegal searches and whether the evidence truly proves fraudulent intent.
Evidence Prosecutors Use
The prosecution typically relies on:
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Store and bank surveillance video
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Transaction histories from credit card companies
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Digital evidence from online purchases
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Testimony from clerks or financial investigators
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Seized cell phones and computers
Each of these forms of evidence can be flawed. Video can be blurry. Transactions may be linked to accounts accessed by multiple people. Clerks can make mistakes when identifying suspects. The defense attorney’s role is to highlight these flaws and demonstrate that the evidence is insufficient to support a conviction beyond a reasonable doubt.
Example Case in Chicago
Imagine a case in which someone from Logan Square is accused of using a stolen credit card to buy electronics downtown. Police allege that the card was used multiple times at a retailer, and that the accused was identified in surveillance footage.
The defense strategy may focus on challenging the accuracy of the identification. Surveillance cameras often produce low-quality footage, and witnesses may be mistaken. If the card was found in the defendant’s possession, the defense could argue they had no knowledge it was stolen and believed they were authorized to use it. Motions could also be filed to suppress evidence if the card was seized during an unlawful search of the defendant’s vehicle or apartment.
Such a case shows how quickly ordinary circumstances can be twisted into serious allegations, and why defense counsel is essential.
Defenses Available in Illinois
Some of the most effective defenses against credit card and identity theft charges include:
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Lack of intent to defraud
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Mistaken identity
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Authorization from the cardholder
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Insufficient or unreliable evidence
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Unlawful searches and seizures
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Entrapment in cases involving undercover investigations
Each case is unique, and a defense must be built around the facts, evidence, and procedural history of the specific situation.
Why Legal Representation Matters
Without legal representation, defendants risk being pressured into plea deals that carry long-term consequences. A defense lawyer ensures that rights are protected during every stage of the case:
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At arrest and bond hearings: Protecting against unfair bail or unnecessary detention.
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During discovery: Demanding all evidence and challenging improper collection methods.
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At trial: Exposing weaknesses in the prosecution’s case and presenting viable defenses.
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In negotiations: Securing reductions in charges or sentencing alternatives.
The presence of a defense lawyer also reassures the court that the case will be contested vigorously, which often influences how prosecutors handle plea discussions.
FAQs on Chicago Credit Card and Identity Theft Charges
What is the difference between identity theft and credit card fraud in Illinois?
Identity theft involves using someone’s personal information—such as Social Security numbers or addresses—to commit fraud. Credit card fraud focuses specifically on the use of a card without authorization. Prosecutors often charge both crimes together.
Can I be charged if I never used the card?
Yes. Simply possessing a stolen or unauthorized card can be enough for a charge under 720 ILCS 5/17-36. The law does not require proof of an actual purchase.
What happens if the alleged fraud amount is small?
If the amount is under $300 in a six-month period, the case may be charged as a misdemeanor. However, prosecutors often seek felony charges whenever possible, especially if there are multiple cards or victims involved.
Can my case be dismissed if the evidence is circumstantial?
Yes, with strong legal representation. Circumstantial evidence may not meet the high standard of proof required at trial. An attorney can argue that the evidence is insufficient to prove guilt beyond a reasonable doubt.
Do credit card fraud charges affect professional licensing?
Yes. Financial crimes are considered crimes of dishonesty, and many licensing boards in Illinois refuse to grant or renew licenses to individuals with these convictions. Teachers, nurses, real estate brokers, and accountants are especially at risk.
What should I do if police want to question me?
Do not answer questions without a lawyer present. Even innocent explanations can be twisted into admissions. Politely decline to speak and immediately contact a defense attorney.
Will my case be handled in state or federal court?
Most cases are prosecuted under Illinois law. However, if the fraud crosses state lines or involves large-scale schemes, federal prosecutors may take over. This increases potential penalties.
Can a conviction ever be expunged?
Most felony convictions for financial crimes cannot be expunged or sealed in Illinois. That is why it is essential to fight the charges before they become part of your permanent record.
What happens if the victim does not want to press charges?
Prosecutors may still move forward even if the victim is not interested in pressing charges. Financial institutions and the State’s Attorney’s Office often pursue cases independently of individual victims.
Do I need a lawyer if I plan to plead guilty?
Yes. Even if you are considering pleading guilty, an attorney can negotiate for reduced charges, alternative sentencing, or probation instead of prison. Pleading guilty without counsel almost always results in harsher outcomes.
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.
