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Chicago Stolen Credit Card Identity Theft Defense Lawyer
Chicago is a city known for its vibrant neighborhoods, from the high-rises of the Loop and River North to the historic streets of Bronzeville, Pilsen, and Wicker Park. It is also a financial hub, with millions of transactions happening every day in restaurants, retail shops, online stores, and banks. With so much economic activity, law enforcement in Cook County and across Illinois treats financial crimes, including stolen credit card use and identity theft, with significant severity.
Under Illinois law, credit card fraud and identity theft are not minor issues. These charges can be classified as misdemeanors or felonies depending on the value of the alleged fraud and the number of victims involved. Even first-time offenders may face life-altering consequences. The Illinois Compiled Statutes (720 ILCS 5/16G and 720 ILCS 5/17-31) criminalize the possession or use of a stolen credit card, the use of someone else’s personal identifying information, and any attempt to defraud another person or business through unauthorized financial transactions.
In most cases, what begins as a financial dispute or a misunderstanding ends up being prosecuted as a felony offense. Prosecutors often argue that such crimes erode trust in the financial system and exploit unsuspecting victims. But the reality is that these cases are often built on circumstantial or digital evidence, and without a strong defense, defendants may be unfairly convicted.
The first step in fighting these charges is understanding how Illinois law classifies these offenses, how cases develop from investigation to trial, and what defenses can be used to protect your rights.
Illinois Statutes Governing Identity Theft and Credit Card Fraud
Illinois has strict statutes covering stolen credit card use, identity theft, and related offenses:
720 ILCS 5/16G – Identity Theft: This law makes it a crime to knowingly use someone else’s personal information—including credit card data—to obtain goods, services, or credit. The seriousness of the charge depends on the amount involved and the circumstances. Penalties range from a Class 4 felony for smaller cases to a Class X felony for large-scale fraud exceeding $100,000.
720 ILCS 5/17-31 – Unlawful Use of a Credit Card: Using a revoked, canceled, forged, or stolen card to obtain value is a crime. If the amount is under $300 in a six-month period, it may be treated as a Class A misdemeanor. However, when the value exceeds $300, it is elevated to a felony, often a Class 3 or Class 4 felony, depending on the facts.
720 ILCS 5/17-36 – Possession of Another’s Card: Even holding someone else’s credit or debit card without authorization can result in prosecution. The law does not require proof of an actual purchase—mere possession with intent to use is enough for prosecutors to file charges.
720 ILCS 5/16-1 – General Theft Statute: Many stolen credit card cases are also tied to theft statutes, where penalties increase based on the value of property unlawfully obtained.
These laws show that Illinois treats financial crimes as more than minor infractions. While a misdemeanor may involve probation and fines, felony convictions can result in prison time, permanent felony records, and long-term restrictions on employment, housing, and financial opportunities.
How Criminal Cases Begin and the Investigation Process
Criminal cases involving stolen credit cards often start with reports from stores, banks, or individual victims who notice unauthorized transactions. In Chicago, the Chicago Police Department financial crimes unit may investigate, sometimes alongside state agencies or even federal authorities if the fraud crosses state lines.
Investigations may involve:
- Reviewing surveillance footage from stores
- Subpoenaing bank and credit card records
- Analyzing digital data from computers and phones
- Interviewing potential witnesses and clerks
- Reviewing ATM footage or transaction logs
Because these cases often involve electronic evidence, prosecutors may rely heavily on circumstantial information. For example, if a purchase was made at a store in Englewood using a stolen card, prosecutors might argue that someone in possession of that card made the purchase even without direct video evidence.
Once investigators believe they have enough evidence, the State’s Attorney’s Office files charges. Arrest warrants are issued, and defendants may be taken into custody or summoned to appear in court. Many people are shocked to learn they are facing felony charges even before they have spoken to law enforcement.
Arrest Process and Initial Court Proceedings
After an arrest, defendants are booked and appear before a judge in bond court, usually at the Cook County Criminal Court at 26th and California. Here, the judge decides whether the accused will be held in custody or released pending trial.
The process continues with preliminary hearings or grand jury indictments, depending on the severity of the charges. At this stage, the prosecutor presents evidence to show probable cause that a crime was committed. Even if evidence is thin, cases often proceed unless an experienced defense attorney aggressively challenges the prosecution’s claims.
During arraignment, the defendant enters a plea of guilty or not guilty. From here, the case moves into pretrial motions, discovery, and potential plea negotiations. Without representation, defendants risk missing opportunities to suppress evidence or challenge unlawful searches and seizures.
Penalties and Collateral Consequences
The penalties for stolen credit card and identity theft convictions in Illinois are severe:
- Class A misdemeanor: Up to one year in jail and fines up to $2,500.
- Class 4 felony: One to three years in prison and 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, with no probation possible.
In addition to incarceration and fines, courts may order restitution to victims, community service, and mandatory probation conditions.
Collateral consequences are equally damaging. A conviction will remain on your permanent record, making it nearly impossible to secure certain jobs, professional licenses, or housing. Employers in Chicago routinely conduct background checks, and financial crimes are viewed as crimes of dishonesty. This means even a probationary sentence can ruin career opportunities in finance, law, healthcare, education, and public service.
Evidence Law Enforcement Collects
Law enforcement builds these cases using a wide variety of evidence, such as:
- Surveillance footage from ATMs, retail stores, or gas stations
- Transaction histories showing when and where the card was used
- Phone and computer records, including online purchase logs
- Testimony from store employees or bank investigators
- Forensic data linking digital accounts or IP addresses to the accused
The problem is that this evidence is often circumstantial. For instance, a card might have been stolen and used by multiple people, or transactions may have been processed through unsecured networks. A skilled attorney challenges the reliability of each piece of evidence and exposes weaknesses in the prosecution’s case.
Example Case and Defense Strategy
Consider a case where a resident of Humboldt Park is accused of using a stolen credit card to make purchases at a downtown retailer. Police claim the individual matched a description from store security, and the card was later found in their possession.
At trial, the defense could argue that the accused did not know the card was stolen. Perhaps the card was given to them by someone else, or they believed it belonged to a friend who authorized them to use it. Surveillance footage may be grainy, and eyewitness identifications are notoriously unreliable. A defense attorney would file motions to suppress the card if it was obtained through an unlawful search, challenge the chain of custody, and demand strict proof of the defendant’s intent.
In some cases, building a defense involves demonstrating that the accused had no knowledge of fraudulent activity or that law enforcement violated constitutional rights during the investigation. By undermining the prosecution’s evidence, it is possible to secure dismissals, reductions, or acquittals.
Criminal Trial Defense Process in Illinois
Once a case proceeds to trial, both sides present evidence and arguments before a judge or jury. The prosecution must prove guilt beyond a reasonable doubt—a high standard under Illinois law.
The defense process may involve:
- Filing motions to exclude unlawfully obtained evidence
- Cross-examining prosecution witnesses to expose inconsistencies
- Presenting evidence showing lack of intent or mistaken identity
- Raising affirmative defenses, such as consent from the cardholder
Juries in Cook County take these cases seriously, but they also require strong proof. A defense attorney ensures that weak or circumstantial cases do not result in wrongful convictions.
Potential Legal Defenses
Common defenses in stolen credit card and identity theft cases include:
- Lack of intent to defraud
- Mistaken identity or false eyewitness identification
- Authorization by the cardholder
- Insufficient or circumstantial evidence
- Illegal search and seizure by law enforcement
- Entrapment, if police induced the crime
The right defense depends on the facts of the case. By tailoring a defense strategy to the evidence, it is possible to secure dismissals, reduced charges, or acquittals.
Why You Need a Criminal Defense Attorney
Every stage of the criminal process—from investigation to trial—requires skilled defense. Without counsel, defendants risk making incriminating statements, losing opportunities to suppress evidence, or being pressured into plea deals that carry lifelong consequences.
An attorney ensures your rights are protected at bond hearings, during discovery, and throughout trial. They also negotiate with prosecutors for reduced charges, probation alternatives, or diversion programs where available.
For decades, I have defended individuals across Chicago and the collar counties, ensuring that accusations of financial crimes do not become permanent convictions.
Qualities to Look for in a Defense Attorney
When choosing a defense lawyer in Illinois, defendants should look for:
- Decades of trial experience in financial crime cases
- Familiarity with Illinois statutes and Cook County courts
- A track record of reducing or dismissing charges
- Strong negotiation skills with prosecutors
- Dedication to protecting clients’ rights at every stage
Questions to Ask During a Free Consultation
During an initial consultation, you should ask:
- How many identity theft or credit card fraud cases have you handled?
- What defenses might apply in my situation?
- What outcomes are realistic given the evidence?
- How will you challenge the prosecution’s case?
- What are my options for avoiding a felony record?
Chicago Identity Theft and Stolen Credit Card Defense FAQs
What is the difference between a misdemeanor and felony stolen credit card charge in Illinois?
If the value of the unauthorized transactions is under $300 in a six-month period, the offense may be charged as a misdemeanor. Anything over $300 usually results in a felony, with harsher penalties depending on the total amount.
Can I be charged even if I did not make a purchase?
Yes. Simply possessing a stolen or unauthorized credit card with intent to use it can result in charges under 720 ILCS 5/17-36. Prosecutors do not need to prove actual purchases were made.
Will a conviction stay on my record permanently?
Yes. Financial crimes are not eligible for sealing or expungement in most cases, meaning the conviction will remain on your record for life.
Can police search my phone or computer in these cases?
Police often seek warrants to search digital devices for evidence of online transactions. A defense attorney can challenge the validity of these searches if they were overbroad or unsupported by probable cause.
What if I am innocent but someone else used my information?
Identity theft often involves stolen personal information being used without the victim’s knowledge. A defense attorney can gather evidence showing you were not responsible for the fraudulent transactions.
Do I need a lawyer even if I am considering pleading guilty?
Yes. An attorney can negotiate for reduced charges, probation, or alternative sentencing. Pleading guilty without representation may lead to harsher penalties and lifelong consequences.
Where will my case be heard in Chicago?
Most felony cases are prosecuted at the Cook County Criminal Court at 26th and California. Misdemeanor cases may be heard in municipal branch courts depending on the arrest location.
What if I am charged in DuPage, Lake, or Will County?
Each county has its own court system and prosecutors, but Illinois statutes apply statewide. A defense attorney familiar with local courts provides the strongest representation.
Why Defendants Need The Law Offices of David L. Freidberg
Facing stolen credit card or identity theft charges in Chicago without an attorney is a mistake that can alter your entire future. These are not minor charges—they carry the potential for prison, lifelong felony records, and destroyed professional reputations.
At The Law Offices of David L. Freidberg, I provide aggressive defense for individuals accused of financial crimes. With decades of trial experience and deep familiarity with Illinois law and Chicago courts, I know how to challenge the prosecution’s case, expose weaknesses in the evidence, and protect your rights.
I represent clients throughout Cook County, DuPage County, Lake County, and Will County. Whether you are facing misdemeanor or felony charges, I am available 24/7 to provide the defense you need.
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.