Chicago Defense Lawyer for Stolen Credit Card and Identity Theft Charges

Chicago’s Financial Crimes and the Courts of Cook County

Chicago is a city where money moves constantly—on the trading floors downtown, at restaurants in River North, and at small shops in neighborhoods from Bridgeport to Rogers Park. This steady movement of funds also means that allegations of credit card fraud and identity theft are common. Prosecutors in Cook County and surrounding counties take these cases very seriously, often charging them as felonies even when the value involved is relatively small.

In Illinois, financial crimes are governed by strict laws that classify offenses depending on the amount of value involved and the intent of the accused. For residents of Chicago, being charged with stolen credit card or identity theft offenses often feels overwhelming. Police investigations can seem one-sided, evidence may be circumstantial, and defendants may feel as though the system is stacked against them. That is why having an experienced criminal defense lawyer is crucial to leveling the playing field.

The Illinois Statutes Governing These Charges

Several provisions of the Illinois Compiled Statutes are relevant to credit card and identity theft cases:

720 ILCS 5/16G – Identity Theft: Covers the use of someone else’s identifying information to obtain value. Penalties increase depending on the financial amount and the number of victims. Elderly victims or losses exceeding $100,000 can trigger Class X felony exposure.
720 ILCS 5/17-31 – Unlawful Use of a Credit Card: Prohibits using a stolen, canceled, or forged card. Values under $300 in a six-month period can be charged as misdemeanors, but prosecutors often pursue felonies once the amount exceeds that limit.
720 ILCS 5/17-36 – Possession of Another’s Credit or Debit Card: Even without proof of purchase, simply holding another person’s card without consent can lead to criminal charges.
720 ILCS 5/16-1 – Theft: Many credit card fraud cases overlap with Illinois theft laws, where the penalties increase depending on the value of the goods or services obtained.

The structure of these laws demonstrates that Illinois treats stolen credit card offenses as crimes of dishonesty. This is why the penalties extend far beyond fines and jail time—such convictions damage reputations and careers for life.

How Credit Card Investigations Unfold in Chicago

Investigations typically begin when banks or stores flag suspicious activity. From there, the Chicago Police Department may assign detectives to review transaction histories, pull surveillance video, and contact witnesses. If multiple victims or cards are involved, the Illinois Attorney General’s Office or federal authorities may step in.

Investigators often rely on digital trails. Online purchases leave behind IP addresses and shipping information. ATM withdrawals are captured on video. Even a cellphone found near the scene can be tied into the case. But all of this evidence is not foolproof. Digital evidence can be misinterpreted, accounts may be accessed by multiple people, and eyewitness identifications are often unreliable.

Arrests usually occur after prosecutors believe probable cause exists. Defendants are often arrested suddenly—at home, at work, or even during a traffic stop. This makes it essential for anyone charged with these crimes to immediately retain counsel to begin challenging the allegations.

Arrests, Bail Hearings, and the Court Process

After arrest, defendants are brought to bond court, typically at 26th and California in Cook County. Judges decide whether to release the defendant, set bail, or hold them in custody pending trial. A strong defense lawyer can argue for reduced bail or release on recognizance.

From there, the case moves into arraignment and pretrial hearings. The prosecution must present enough evidence to show probable cause. If that threshold is met, the case proceeds into discovery, where the defense demands all evidence. During this stage, lawyers often file motions to suppress evidence seized illegally or to exclude unreliable witness testimony.

If plea negotiations fail, the case proceeds to trial. Prosecutors must then prove each element of the offense beyond a reasonable doubt. With the right defense strategy, many cases fall apart under that high burden of proof.

Penalties and Consequences

The penalties for credit card fraud and identity theft under Illinois law vary, but they can include:

Class A misdemeanor: Up to one year in jail and fines up to $2,500
Class 4 felony: One to three years in prison, fines up to $25,000
Class 3 felony: Two to five years in prison
Class 2 felony: Three to seven years in prison
Class 1 felony: Four to 15 years in prison
Class X felony: Six to 30 years in prison, no probation available

Judges may also impose restitution, probation, community service, and court-ordered financial counseling.

Beyond these penalties, the consequences extend to everyday life. Employers often refuse to hire individuals with financial crime convictions. Landlords may deny housing applications. Professional licensing boards may revoke credentials. In Chicago, where many jobs involve handling money or sensitive data, a single conviction can permanently limit career opportunities.

A Fictional Example Case

Picture a situation where a resident of Uptown is accused of using a stolen credit card to order food delivery and electronics online. Investigators claim the purchases were shipped to the defendant’s apartment, and the cardholder reported the transactions as fraudulent.

The defense might argue that multiple people had access to the defendant’s Wi-Fi, that packages were left in common areas where anyone could take them, and that the accused did not actually make the purchases. A lawyer could also challenge the warrant used to search the defendant’s apartment, arguing that the police lacked probable cause.

By carefully dissecting the state’s evidence and presenting alternative explanations, a defense attorney can show that the prosecution cannot meet the burden of proof.

Potential Defenses in Illinois

Some possible defenses include:

The defendant did not know the card was stolen
The accused had authorization from the cardholder
The evidence does not establish intent to defraud
Police obtained evidence illegally without a valid warrant
Another person committed the transactions
Entrapment occurred in cases involving undercover operations

The right defense depends entirely on the facts. Every piece of evidence must be examined, and every legal avenue must be explored to protect the defendant’s rights.

Why an Attorney Is Critical

Without an attorney, defendants often make statements that harm their case, fail to challenge improper evidence, and end up with convictions that could have been avoided. A defense lawyer provides protection during every stage:

Bond hearings, ensuring fair release conditions
Discovery, compelling the state to turn over all evidence
Motions, excluding illegally obtained or unreliable evidence
Plea negotiations, working for reduced charges or probation
Trial, holding the prosecution to the high standard of proof

The consequences of a financial crime conviction are too severe to risk proceeding without counsel.

FAQs About Stolen Credit Card and Identity Theft Charges

How serious are stolen credit card charges in Illinois?
These charges are treated as crimes of dishonesty, and most are felonies. Even small amounts can result in jail time, large fines, restitution orders, and permanent records.

Can I be charged if someone gave me their card to use?
If you had permission from the cardholder, that can serve as a defense. However, prosecutors often claim defendants lacked authorization. That is why evidence and testimony are critical.

What if I only used the card once?
Even a single unauthorized use can result in charges. Prosecutors in Chicago often argue that one use demonstrates intent to defraud, making it vital to build a strong defense.

Can police take my phone during these cases?
Yes. Investigators often seize phones and computers, claiming they contain evidence of online purchases. A defense lawyer can challenge whether the search was lawful.

Are these cases ever dismissed?
Yes. If evidence is weak, improperly obtained, or does not prove intent, charges may be reduced or dismissed. Strong defense representation increases the chances of a favorable outcome.

Do I face charges in federal court?
Federal prosecutors may take over if the fraud involves interstate transactions or large financial institutions. Federal penalties are even harsher than state penalties.

What if I am under investigation but not arrested yet?
You should contact a lawyer immediately. Police may attempt to question you without advising you of your rights. Anything you say can be used against you.

How long do these cases take in Cook County?
The process can take months or even over a year depending on the complexity of the case, the number of victims, and whether the case goes to trial.

Can a conviction ever be cleared from my record?
Most financial crime convictions cannot be expunged or sealed in Illinois. That is why fighting the charges before conviction is critical.

Why do prosecutors pursue these cases so aggressively?
Financial crimes undermine trust in the banking and credit system, so prosecutors argue they have a duty to deter them. This often leads to aggressive prosecution even in minor cases.

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.

Chicago Stolen Credit Card and Identity Theft Defense Attorney