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Can a Shoplifting Conviction in Illinois Lead to Deportation?
Understanding Shoplifting Charges in Chicago, Illinois
In Chicago, theft and shoplifting cases are treated seriously by prosecutors in Cook County and surrounding areas. Even a minor theft accusation can carry lasting effects—particularly for non-citizens. Under Illinois law, shoplifting falls under the broader theft statute, 720 ILCS 5/16-1, which criminalizes knowingly taking property belonging to another with the intent to permanently deprive the owner of its use or benefit.
In practice, retail theft typically refers to violations of 720 ILCS 5/16-25, the state’s retail theft statute. A person commits retail theft when they knowingly take merchandise from a store without paying the full retail value. Chicago police and loss-prevention officers handle these offenses daily, from Michigan Avenue’s high-end stores to neighborhood markets in Englewood, Logan Square, and South Shore.
The seriousness of the charge depends on the value of the merchandise and the defendant’s prior criminal history. Theft of property valued under $300 is usually a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. If the value exceeds $300, or if the person has a prior theft conviction, it can be charged as a Class 3 or Class 4 felony, carrying a possible prison term of up to five years.
Even though these penalties are significant, the immigration consequences can be far worse. Federal immigration law classifies certain theft offenses as “crimes involving moral turpitude.” A single conviction—particularly one that results in a sentence of more than one year—can trigger deportation or bar a person from re-entering the United States.
In Chicago’s diverse immigrant communities—from Little Village to Rogers Park—a single shoplifting charge can put years of lawful residency or a pending green card at risk. Understanding the full picture is crucial before entering any plea or accepting a diversion program.
The Criminal Process: From Investigation to Arrest in Illinois
The criminal process in Illinois typically begins with an investigation. In a retail theft case, this often starts when a store employee or security guard observes alleged shoplifting conduct, such as concealing merchandise or tampering with price tags. Many stores use video surveillance, which police later rely on to establish probable cause.
Once law enforcement arrives, the accused may be detained and searched. Officers often collect receipts, bags, or video footage as evidence. In some cases, they issue a citation or make an arrest, depending on the value of the merchandise and the person’s criminal history.
After an arrest, the case proceeds through the Cook County Circuit Court, usually beginning with a bond hearing. The court determines whether the person can be released pending trial and under what conditions. A preliminary hearing or grand jury proceeding follows to determine whether sufficient probable cause exists to move forward.
For immigrants, this stage is critical. Even before conviction, an arrest record can cause immigration complications—especially if the individual is detained by ICE after being booked. Having an experienced Chicago criminal defense lawyer from the beginning helps prevent avoidable statements and ensures any pre-trial negotiations consider both criminal and immigration outcomes.
Evidence Law Enforcement Uses in Shoplifting Cases
Retail theft cases often rely heavily on circumstantial evidence. Prosecutors in Cook County will attempt to prove the accused knowingly intended to steal, which can be established through surveillance videos, witness testimony, and sometimes statements made after arrest.
Evidence may include store camera footage, loss-prevention reports, cashier statements, or body-cam footage from responding officers. Occasionally, police recover security tag sensors or hidden merchandise from the person or their vehicle. Even minor physical evidence, such as removing a tag or switching price labels, can be used to prove intent to steal.
However, experienced defense attorneys know these cases often contain gaps. Surveillance videos may be incomplete or unclear, witness statements can be inconsistent, and sometimes defendants are misidentified. A knowledgeable Chicago criminal defense lawyer can file motions to suppress unlawfully obtained evidence or challenge whether the prosecution can prove intent beyond a reasonable doubt.
How a Shoplifting Conviction Impacts Immigration Status
Under federal immigration law, a conviction for a “crime involving moral turpitude” (CIMT) can make a non-citizen deportable under 8 U.S.C. § 1227(a)(2)(A)(i). Theft and fraud-related crimes almost always qualify.
Even a misdemeanor conviction under Illinois law can have immigration consequences. Immigration courts focus on the nature of the offense, not how Illinois labels it. A sentence of one year—even if suspended—may be considered an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(G). This classification can lead to mandatory deportation and permanent bars from reentry.
Additionally, if the theft was committed within five years of admission to the U.S. and carries a potential penalty of at least one year in jail, it can trigger removal. For lawful permanent residents, a shoplifting conviction can lead to denial of naturalization due to lack of “good moral character.” Those with DACA, Temporary Protected Status, or pending asylum claims may also face revocation of their protections.
Therefore, any immigrant charged with retail theft in Chicago must treat the case as both a criminal and immigration matter. Working with a defense attorney who understands these overlapping laws is critical to protect both your freedom and your future in the U.S.
A Realistic Example: A Chicago Shoplifting Defense Case
Consider a scenario in the Pilsen neighborhood where a young permanent resident is accused of taking cosmetics valued at $180 from a department store. The store security detained her, and police charged her with Class A misdemeanor retail theft.
At first glance, this might appear minor. However, her immigration attorney immediately flagged the case as high-risk. Our defense strategy focused on disputing intent. The client claimed she mistakenly placed the items in her purse while answering a phone call and intended to pay before exiting. We obtained the store video, which showed her walking distractedly and not attempting to conceal the items deliberately.
We filed a motion to dismiss based on lack of intent and, alternatively, negotiated with the prosecutor for a deferred prosecution program. The client completed community service, attended an anti-theft class, and the case was dismissed. Because there was no conviction, immigration consequences were avoided.
This example illustrates why early intervention and an individualized defense strategy can mean the difference between a clean record and deportation proceedings.
Legal Defenses Against Shoplifting Charges in Illinois
Defenses depend on the circumstances, but some common strategies include:
• Lack of Intent – The prosecution must prove beyond a reasonable doubt that the defendant intended to permanently deprive the owner of the merchandise. If the act was accidental, distracted, or due to misunderstanding, intent is not present.
• Mistaken Identity – Surveillance videos and eyewitness accounts are often unreliable. If there’s reasonable doubt about who committed the theft, charges can be dismissed.
• Unlawful Search or Seizure – If police conducted an illegal search or coerced a confession, a defense attorney can seek to have the evidence suppressed under the Fourth Amendment.
• Diversion or Deferred Prosecution – For first-time offenders, Cook County offers programs that allow dismissal upon completion of classes or restitution. Avoiding a conviction protects immigration status.
An experienced attorney analyzes every aspect of the arrest—from probable cause to chain of custody—to build a strategy tailored to each client’s circumstances.
The Criminal Trial Defense Process in Illinois
If negotiations fail, the case proceeds to trial. Illinois follows a structured process: jury selection, opening statements, witness testimony, cross-examination, and closing arguments. In misdemeanor cases, the trial may occur before a judge.
During trial, the prosecutor must prove guilt beyond a reasonable doubt. The defense challenges evidence, calls witnesses, and highlights inconsistencies. If found not guilty, the defendant is acquitted, and the record may later be expunged. If convicted, sentencing follows—ranging from probation to jail time.
A skilled Chicago criminal defense attorney can also file post-trial motions or appeals to challenge improper rulings. For immigrants, even after conviction, legal remedies like post-conviction relief or vacating a plea can sometimes mitigate deportation risks.
Why You Need a Chicago Criminal Defense Attorney
Every stage of a criminal case—investigation, arrest, arraignment, discovery, and plea negotiation—carries risks. Without a defense lawyer, a person may unknowingly plead guilty to an offense that triggers deportation.
A qualified Chicago criminal defense lawyer ensures that your rights are protected from the moment of arrest. They negotiate with prosecutors for reduced charges, diversion programs, or plea deals that avoid immigration consequences. They can also coordinate with an immigration attorney to safeguard your legal status.
At the Law Offices of David L. Freidberg, we have decades of experience defending theft, fraud, and other criminal offenses in Chicago and throughout Cook, DuPage, Will, and Lake Counties. We understand both the Illinois criminal code and the federal immigration laws that intersect with it.
Questions to Ask When Choosing a Criminal Defense Lawyer in Illinois
During your consultation, consider asking questions such as:
How many theft or retail cases have you defended in Cook County courts?
Do you work with immigration counsel if deportation is a concern?
What outcomes have you achieved for clients with similar charges?
How will you communicate updates about my case?
What steps will you take to protect my record and immigration status?
A reputable attorney should answer these questions directly, explain the process clearly, and provide a realistic outlook on potential results.
Why Defendants Charged With Shoplifting Need an Attorney
Illinois shoplifting charges can lead not only to criminal penalties but also to lasting collateral consequences—particularly deportation or denial of citizenship. Representing yourself in court or accepting a plea without legal advice can permanently alter your future.
A Chicago criminal defense lawyer understands how prosecutors operate and how to challenge their evidence effectively. The Law Offices of David L. Freidberg have represented thousands of clients facing theft-related charges and achieved dismissals, reduced charges, and alternative sentencing options that preserve clean records.
If you’re facing shoplifting allegations anywhere in Chicago or surrounding counties, you deserve a strong advocate who understands how much is at stake.
Call The Law Offices of David L. Freidberg Today
A shoplifting conviction in Illinois can lead to fines, jail time, and—in some cases—deportation. Don’t take chances with your freedom or your immigration status. Contact The Law Offices of David L. Freidberg today for immediate help. Our firm offers confidential, 24-hour consultations at (312) 560-7100 or toll-free (800) 803-1442.
We defend clients in Chicago, Cook County, DuPage County, Will County, Lake County, and across Illinois. Whether you’re a first-time offender or facing enhanced felony charges, we will fight to protect your rights, your record, and your future in the United States.
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.