Chicago Criminal Lawyer Blog
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.
Retail stores in Chicago such as Macy’s, Nordstrom, or Target maintain aggressive loss-prevention teams that coordinate with the Chicago Police Department. The result is that prosecutors often receive case files containing surveillance footage, employee reports, and witness statements before the accused has even been booked. Once a criminal complaint is filed, you’re no longer dealing with the store—you’re facing the Cook County State’s Attorney’s Office.
Understanding the Illinois Penalties for Shoplifting and Repeat Offenders
Under 720 ILCS 5/16-25(a), the penalties for retail theft depend on both the value of the merchandise and your prior record. If the amount allegedly stolen is under $300 and it’s your first offense, you’re typically charged with a Class A misdemeanor, punishable by up to one year in the Cook County Jail and a maximum fine of $2,500. That alone can disrupt your life, cost your job, and appear on every future background check.
However, if the value exceeds $300, or if you have a prior theft conviction, the case becomes a felony. A Class 4 felonycarries one to three years in the Illinois Department of Corrections, while higher-value or repeat thefts can lead to Class 3 or Class 2 felony charges with even longer prison terms. Felony theft convictions also affect your ability to vote, possess a firearm, or obtain certain professional licenses under 225 ILCS 60/22(A)(5) and related licensing rules.
Many clients are shocked to learn that even attempted theft—such as concealing an item without leaving the store—can still result in an arrest. Stores rarely dismiss cases voluntarily because they want to deter future incidents. Without a lawyer advocating for you, prosecutors will move forward aggressively, even if the evidence is weak.
How the Investigation and Arrest Process Works in Chicago
Shoplifting cases typically start with store loss-prevention personnel detaining a suspect in a back office. They’ll often attempt to obtain a written confession or record a statement on video. What you say in those moments can become evidence in court. I always advise clients to remain calm and request legal representation immediately. Anything you say—no matter how innocent it seems—can later be portrayed as an admission.
Police officers are then called to the scene to issue a citation or transport you for booking. In some misdemeanor cases, you may receive a notice to appear in court instead of being physically arrested. Felony charges, on the other hand, require fingerprinting, mugshots, and formal booking at the local district.
The case then moves quickly through the Cook County system. You’ll appear at the branch court near where the arrest occurred—such as Branch 43 (Skokie) or Branch 38 (Bridgeview)—for your first hearing. At that point, the judge will set bail and issue a scheduling order. Having an attorney present from the start ensures that your rights are protected and that evidence preservation requests are filed immediately.
The Evidence That Prosecutors Use to Prove Shoplifting Cases
Retail theft prosecutions in Illinois often hinge on a combination of physical and testimonial evidence. The State’s Attorney’s Office typically relies on:
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Surveillance video: Cameras capture footage of suspects allegedly concealing or removing items. But videos can be grainy, lack sound, or fail to show intent.
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Witness statements: Store employees may testify, though they’re not always trained observers. Their recollections can be mistaken or biased.
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Merchandise and receipts: Officers collect these items as evidence, but value calculations can be inaccurate, especially with sale or clearance prices.
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Admissions: Anything said to security or police before or after Miranda warnings may be used in court, even informal comments.
An experienced defense lawyer challenges each of these categories. I often subpoena complete video footage from multiple camera angles to show context—such as whether my client was distracted, pressured by a companion, or unaware of unpaid merchandise. I also scrutinize employee conduct, as unlawful detentions or searches can make the evidence inadmissible under 725 ILCS 5/114-12.
A Realistic Chicago Example and the Defense Strategy
One case I handled involved a college student at a North Side clothing store. She was accused of taking accessories valued at $350. The store provided grainy video showing her holding items, but it never showed concealment or exit from the store. We discovered that the value had been miscalculated—actual retail was under $300, meaning the charge should have been a misdemeanor rather than a felony. After filing a motion to reduce the charge and pointing out that security violated store policy by detaining her for over an hour, I negotiated court supervision and eventual dismissal. She avoided a conviction and was later able to expunge the arrest.
Every case is unique, but most retail theft defenses hinge on the same principles: challenge intent, scrutinize the evidence, and expose procedural violations. Whether your case involves a $50 item or $5,000 worth of merchandise, the approach must be meticulous.
Legal Defenses That Can Work in Retail Theft Cases
In my experience, successful defenses often rely on demonstrating reasonable doubt about intent. Common strategies include:
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Lack of intent: You may have forgotten to pay or believed an item had been paid for by another person.
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Mistaken identity: Security footage often fails to clearly show who committed the act.
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Unlawful search or detention: If loss prevention or police violated your constitutional rights, key evidence can be excluded.
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False accusation: Disputes with store employees sometimes lead to false or exaggerated claims.
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Valuation errors: Misstating merchandise value can improperly elevate misdemeanor charges to felonies.
Illinois law requires the prosecution to prove each element of the offense beyond a reasonable doubt. A single inconsistency can change the entire case.
Why Hiring a Chicago Criminal Defense Attorney Immediately Is Crucial
When you face a criminal charge in Illinois, timing matters. A lawyer can often intervene before charges are finalized, negotiating with prosecutors to seek deferred prosecution, theft-education programs, or community service alternatives. Waiting until after the first hearing often limits those options.
Having an attorney also prevents common mistakes, such as making incriminating statements, missing court dates, or failing to preserve surveillance footage. Retailers are only required to keep security video for a limited period. Without an attorney’s motion to preserve evidence, crucial footage may be lost forever.
My firm handles these issues daily. I appear in Cook County, DuPage County, Will County, and Lake County, ensuring that clients have aggressive defense representation wherever their case is filed. Whether the goal is dismissal, reduction, or record expungement, early involvement is always the best defense.
Frequently Asked Questions About Shoplifting Defense in Illinois
Can I go to jail for shoplifting even if it’s my first offense?
Yes. A first-offense misdemeanor carries up to one year in jail, though judges often grant supervision or community service if represented properly.
What if I already admitted to store security that I took something?
Your lawyer may still be able to challenge the admissibility of your statement. If you weren’t advised of your rights or were coerced, the confession can be suppressed.
Can a felony retail theft charge be reduced to a misdemeanor?
Absolutely. By challenging valuation or prior-conviction evidence, I have successfully negotiated reductions that kept clients out of prison and allowed eventual expungement.
Do I need to appear in court if I hire an attorney?
In some misdemeanor cases, your attorney can appear on your behalf for preliminary hearings, reducing stress and missed work. For felony cases, personal appearance is mandatory.
How long will the case stay on my record?
If dismissed or if supervision is completed successfully, you can seek expungement after the statutory waiting period under 20 ILCS 2630/5.2. Convictions, however, remain permanent.
Can store security legally detain me?
Yes, under Illinois law they can detain you briefly if they have probable cause. However, excessive detention, threats, or searches can violate your rights and help your defense.
Will a shoplifting charge affect my immigration status?
Yes. Retail theft is considered a crime involving moral turpitude. Non-citizens should consult both a criminal defense lawyer and an immigration attorney immediately.
Can I get my charges dismissed if I pay for the item?
Payment alone won’t dismiss charges once the police are involved, but restitution may be part of a negotiated resolution.
What if I was wrongly accused?
False accusations happen frequently. Your lawyer can subpoena surveillance video, cross-examine witnesses, and present evidence showing lack of intent or mistaken identity.
The Law Offices of David L. Freidberg: Protecting Clients Across Chicago and Beyond
A retail theft charge can happen to anyone—a professional, student, or visitor passing through downtown. What happens next depends on the steps you take right now. My office has defended clients in every major Chicago courthouse, including 26th & California, Skokie, Bridgeview, Maywood, and Rolling Meadows. I know how each courtroom operates and how to negotiate effectively with the prosecutors assigned there.
If you or someone you know has been charged with shoplifting or retail theft, call me immediately at (312) 560-7100 or toll-free (800) 803-1442. The consultation is free, and we’re available 24/7 to protect your rights. With decades of experience, I’ll fight to secure the best possible result—whether that means dismissal, reduction, or clearing your record entirely.
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.
