Arrested for Shoplifting in Chicago?

Here’s How a Theft Defense Attorney Can Protect Your Future

Chicago’s retail landscape is one of the most diverse in the nation, with everything from high-end boutiques to big-box chains. But along with its bustling commerce comes a strong commitment by retailers and law enforcement to prosecute suspected shoplifters. A single accusation can lead to criminal charges under Illinois’ retail theft statute, 720 ILCS 5/16-25, and those charges can stay on your record for life.

Many people mistakenly believe that shoplifting is a minor infraction, but in Chicago, it is prosecuted aggressively. Even a first-time offense for stealing merchandise valued at less than $300 can result in a Class A misdemeanor with up to a year in jail. If the merchandise is worth more than $300—or if you have prior theft convictions—you could be facing felony charges that carry years in prison.

When you are arrested for shoplifting, your future is at stake. A conviction can limit employment opportunities, prevent you from working in certain industries, and create barriers in housing, immigration, and education. That is why your first call should be to a Chicago theft defense attorney who knows how to fight these cases.

Understanding Illinois Shoplifting Laws and Penalties

Illinois law defines retail theft broadly. Under 720 ILCS 5/16-25, you can be charged for concealing merchandise, altering price tags, transferring goods to a different container, or simply leaving a store without paying. Intent to permanently deprive the merchant of the item is the core element of the offense, but prosecutors often rely on circumstantial evidence—such as passing the last point of sale—to prove intent.

For merchandise under $300, the default charge is a Class A misdemeanor, but it escalates to a Class 4 felony if you have prior theft-related convictions. Felony convictions carry heavier penalties, including potential prison time, higher fines, and longer periods of probation or parole. Additionally, under certain aggravating factors—such as using an emergency exit—the charge can be elevated to a Class 3 felony.

How Shoplifting Cases Begin in Chicago

A shoplifting case usually starts when store security believes you have committed theft. Loss prevention officers are trained to identify suspicious behavior and often use both live observation and recorded surveillance to monitor customers. If they suspect wrongdoing, they may detain you until Chicago Police arrive.

Once the police are involved, the arrest process begins. Officers will take statements from store personnel, review available video, and inspect the alleged stolen property. You may be handcuffed, transported to the station, fingerprinted, and booked. For misdemeanor charges, you might be released with a court date, but for felony charges or cases involving prior convictions, you may remain in custody until your bond hearing.

Evidence Used in Shoplifting Prosecutions

The prosecution’s evidence in shoplifting cases often includes:

• Store surveillance video showing your movements inside the store
• Testimony from store employees and security personnel
• The allegedly stolen merchandise, documented as evidence
• Any statements you made to police or store staff

An experienced defense attorney will evaluate every piece of evidence for weaknesses. For instance, poor-quality video, inconsistent witness statements, or improper handling of evidence can be grounds for suppression or dismissal.

The Criminal Defense Process in Illinois

From arrest to resolution, a theft defense attorney plays a critical role at every step. Your attorney can challenge probable cause for your detention, question the credibility of witnesses, and demand all surveillance footage from the store. If the evidence is insufficient, your attorney may push for dismissal or negotiate a reduction to a non-criminal offense.

If the case proceeds to trial, your attorney will develop a defense strategy tailored to the facts. In some cases, the defense may focus on showing lack of intent or mistaken identity. In others, it may involve highlighting procedural errors by store staff or police.

Why You Shouldn’t Face Shoplifting Charges Alone

Without legal representation, you are at a severe disadvantage. Prosecutors handle these cases daily and know how to secure convictions quickly. They may offer plea deals that seem attractive on the surface but leave you with a permanent record. A skilled defense attorney understands the long-term impact of a conviction and will work to protect your future, whether through dismissal, diversion, or acquittal.

Common Defenses in Chicago Shoplifting Cases

Potential defenses include:

• You lacked intent to steal the merchandise
• You were wrongfully accused due to mistaken identity
• The store unlawfully detained you
• The search of your belongings was unconstitutional
• Surveillance footage does not clearly show theft occurred

When You Need a Fighter, Call Us

If you are arrested for shoplifting in Chicago, your first move should be to contact a criminal defense attorney who has handled these cases successfully in Cook County courts. The Law Offices of David L. Freidberg offers aggressive defense strategies designed to protect your record and your future.

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

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 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.