Why You Need a Theft Defense Attorney in Chicago If Arrested for Shoplifting

Chicago, Illinois Criminal Charges, and the Stakes of a Shoplifting Arrest

Chicago is one of the busiest metropolitan areas in the United States, with a constant flow of residents, tourists, and commerce. The city’s vibrant retail districts—from the Magnificent Mile to neighborhood shopping centers—draw millions of shoppers each year. However, with so much retail activity comes heightened security and aggressive prosecution of theft-related offenses, particularly shoplifting. In Illinois, shoplifting is not treated as a minor oversight. It can result in criminal charges that follow you for years, impact employment opportunities, affect your ability to obtain housing, and even lead to jail time.

Under Illinois law, theft offenses are prosecuted under 720 ILCS 5/16-1, which covers the unlawful taking of property without the owner’s consent and with the intent to permanently deprive them of it. Whether your charge is considered a misdemeanor or felony depends largely on the value of the merchandise and your prior criminal history. For example, retail theft of merchandise valued under $300 is typically charged as a Class A misdemeanor, punishable by up to 364 days in county jail and fines up to $2,500. If the value exceeds $300, or if you have prior theft convictions, you could be facing felony charges under Illinois law—penalties that can include years in prison.

Because Chicago prosecutors aggressively pursue retail theft cases, even first-time offenders can find themselves in situations where the stakes are far higher than they ever anticipated. Without skilled legal representation, you risk a permanent criminal record, steep financial penalties, and long-term consequences that extend far beyond the courtroom.

Illinois Criminal Law: Statutes, Penalties, and Classifications

Illinois criminal law divides theft-related offenses into misdemeanors and felonies based on the value of property and the defendant’s criminal history. Shoplifting charges generally fall under 720 ILCS 5/16-25, Illinois’ retail theft statute.

If the merchandise is valued at less than $300 and you have no prior theft convictions, the offense is a Class A misdemeanor. A conviction can result in up to one year in jail, probation, restitution to the store, and court-ordered theft education classes. The charge escalates to a Class 4 felony if the value is over $300, or if you have a prior conviction for any type of theft, robbery, burglary, or retail theft. Class 4 felonies carry potential prison sentences of 1 to 3 years, along with fines up to $25,000.

The law also allows prosecutors to charge retail theft as a Class 3 felony—with potential penalties of 2 to 5 years in prison—if the theft involves emergency exit doors or if the offense occurs in certain aggravating circumstances. The prosecution may also charge burglary (720 ILCS 5/19-1) if they believe you entered the store with the intent to commit theft. This is a far more serious felony offense, carrying harsher penalties.

Illinois law is unforgiving when it comes to theft, especially in Cook County where retail theft prosecutions are common. Prosecutors often rely on both direct and circumstantial evidence, and they are quick to push for convictions or plea agreements that leave you with a permanent criminal record.

How Criminal Cases Begin, the Investigation, and the Arrest Process

A shoplifting case in Chicago often begins the moment store security suspects theft. Loss prevention officers monitor in-store activity through surveillance cameras and may directly observe suspicious behavior. If they believe you concealed merchandise, altered price tags, or attempted to leave without paying, they can detain you until Chicago Police arrive.

Once police are called, they will take statements from store employees, review surveillance footage, and collect any physical evidence, such as the allegedly stolen items. You will likely be arrested on the spot and transported to a police station for booking. At booking, your fingerprints and photograph are taken, and you may be placed in holding until bond is set.

In some cases, especially if the alleged theft is minor, you may be released with a notice to appear in court. However, for felony-level shoplifting or if you have a prior record, you may remain in custody until your bond hearing. The case then proceeds through the formal criminal process, which includes arraignment, discovery, pretrial motions, and trial if the case is not resolved beforehand.

The Criminal Trial Defense Process in Illinois – Example Case and Strategy

Defending a shoplifting case in Chicago requires a tailored approach. For example, I once represented a client accused of stealing electronics valued at $450 from a downtown retailer. Surveillance footage allegedly showed my client placing items into a bag. However, upon close review, the video revealed gaps in coverage and no clear evidence of my client leaving the store with the merchandise.

We challenged the admissibility of the surveillance footage due to chain-of-custody issues and questioned the credibility of the store’s loss prevention officer, who admitted under cross-examination that they never physically saw my client cross the last point of sale. This created reasonable doubt, and the jury returned a not guilty verdict.

Every defense strategy must be rooted in the specific facts of the case, and in shoplifting cases, it is often possible to attack the state’s evidence, challenge witness testimony, and highlight procedural errors that undermine the prosecution’s case.

Types of Evidence Law Enforcement Collects in Shoplifting Cases

In Chicago shoplifting prosecutions, law enforcement typically seeks to collect:

• Surveillance camera footage from inside and outside the store
• Testimony from loss prevention officers and store employees
• Physical evidence such as the merchandise itself, often tagged and documented
• Receipts or lack thereof to show unpaid merchandise
• Statements you may have made to store staff or police officers

Even seemingly minor pieces of evidence—such as your proximity to an exit—can be used to argue intent. An experienced theft defense attorney knows how to challenge the reliability, admissibility, and relevance of each piece of evidence.

Why You Need an Attorney at Every Step of the Criminal Case Process

From the moment of arrest to the final resolution of your case, having a criminal defense attorney by your side is critical. During the investigation stage, your attorney can prevent you from making incriminating statements. At arraignment, they can advocate for reduced bail or recognizance release. During discovery, they can force the prosecution to turn over evidence that may help your case.

If your case proceeds to trial, your attorney’s role becomes even more essential. They will challenge the prosecution’s evidence, cross-examine witnesses, and present alternative explanations for the alleged events. Without an attorney, you risk being outmaneuvered by prosecutors who handle dozens of theft cases each week.

Potential Legal Defenses to Shoplifting Charges

Common defenses to retail theft charges in Illinois include lack of intent, mistaken identity, unlawful detention by store staff, and violations of constitutional rights such as unlawful search and seizure. In some cases, the merchandise may have been paid for but not properly recorded by the cashier, or you may have been holding the items for another person without knowledge of theft.

A skilled attorney will assess the facts of your case to determine whether diversion programs, deferred prosecution, or outright dismissal are viable options.

Qualities to Look for in a Criminal Defense Attorney in Illinois

When facing shoplifting charges in Chicago, you want an attorney who has significant trial experience, a deep understanding of Illinois theft laws, and a track record of favorable outcomes in similar cases. They should be approachable, communicative, and willing to explain your options without legal jargon. You should feel confident that your attorney will aggressively protect your rights at every stage.

Questions to Ask in a Free Consultation

During your free consultation, consider asking:

• How many shoplifting cases have you defended in Chicago courts?
• What strategies do you see as most effective for my specific case?
• What are the possible outcomes in my situation?
• How often do your cases go to trial versus end in dismissal or plea agreements?

Chicago Criminal Defense FAQs – Shoplifting & Theft Charges

What is considered shoplifting under Illinois law?
In Illinois, shoplifting—legally referred to as retail theft—is defined under 720 ILCS 5/16-25. It involves taking merchandise from a retail store without paying for it, with the intent to permanently deprive the merchant of the item. This can include concealing merchandise, switching price tags, transferring items to a different container, or leaving a store without paying. You can be charged even if you never made it outside the store, as long as prosecutors believe they can prove intent.

Is shoplifting a misdemeanor or felony in Chicago?
The classification depends on the value of the merchandise and your criminal history. If the value is under $300 and you have no prior theft-related convictions, it is typically a Class A misdemeanor, punishable by up to 364 days in jail and fines up to $2,500. If the value exceeds $300, or if you have prior theft convictions, it becomes a Class 4 felony, carrying 1 to 3 years in prison. Certain aggravating factors, like using an emergency exit to commit the theft, can elevate the offense to a Class 3 felony with harsher penalties.

What happens immediately after a shoplifting arrest in Chicago?
If store security suspects theft, they may detain you and call the Chicago Police Department. Once police arrive, they will review surveillance footage, take witness statements, and examine the merchandise. If they believe there is probable cause, they will arrest you. You will be transported to the police station for booking, which includes fingerprinting and photographing. Depending on the charge, you may be released with a notice to appear in court or held until a bond hearing.

Can I be charged if I never left the store?
Yes. Under Illinois law, you do not have to physically leave the store to be charged with retail theft. Prosecutors can file charges if they believe you concealed merchandise, altered a price tag, or took any other action showing intent to avoid paying. The key element they must prove is intent to permanently deprive the store of its property.

What kind of evidence do prosecutors use in shoplifting cases?
Evidence may include store surveillance video, testimony from loss prevention officers or employees, the merchandise itself, and any statements you made to security or police. Even seemingly minor details—such as your location in the store or whether you bypassed the register—can be used to build the prosecution’s case.

Should I speak to police or store security after being detained?
No. You have the right to remain silent, and anything you say can be used against you. Politely decline to answer questions and request an attorney immediately. A criminal defense lawyer can speak on your behalf and ensure your rights are protected from the start.

What are the potential penalties for shoplifting in Illinois?
Penalties can include jail time, probation, community service, restitution to the store, mandatory theft education classes, and fines. Felony convictions carry prison sentences and larger fines. Even if you avoid jail, a conviction will remain on your criminal record unless it is later expunged or sealed—which is often not possible for theft convictions.

How can a theft defense attorney help my case?
A Chicago theft defense lawyer can investigate the facts, review the prosecution’s evidence, and identify weaknesses in the case against you. They may challenge the legality of your detention, suppress improperly obtained evidence, negotiate for reduced charges, or seek dismissal. In some cases, your attorney can pursue diversion programs that allow you to avoid a conviction entirely.

What defenses can be raised in a shoplifting case?
Common defenses include lack of intent, mistaken identity, false accusations, unlawful detention by store personnel, and violations of constitutional rights (such as unlawful search and seizure). Your attorney will tailor the defense strategy to the unique circumstances of your case.

Will a shoplifting conviction stay on my record permanently?
Yes—unless it is expunged or sealed, which is generally not available for theft convictions in Illinois. That is why avoiding a conviction in the first place is so important. Your attorney’s goal will be to protect your record by seeking dismissal, acquittal, or a resolution that does not result in a criminal conviction.

Can shoplifting charges affect my job or immigration status?
Absolutely. Employers often view theft convictions as crimes of dishonesty, which can make it difficult to secure or maintain employment. For non-U.S. citizens, even a misdemeanor theft conviction can have immigration consequences, including denial of naturalization or removal from the country.

Why should I hire a Chicago theft defense attorney instead of representing myself?
Illinois prosecutors handle theft cases every day and know how to secure convictions. Without legal representation, you are at a significant disadvantage. An experienced attorney understands how to challenge evidence, negotiate with prosecutors, and fight for the best possible outcome in your case.

How soon should I contact an attorney after a shoplifting arrest?
Immediately. The earlier you involve a defense lawyer, the better they can protect your rights, preserve evidence, and build your case. Waiting too long can limit your options and make it harder to achieve a favorable outcome.

What should I look for in a theft defense attorney?
Choose a lawyer with substantial trial experience, a history of favorable results in theft cases, and familiarity with the Cook County court system. They should be responsive, clear in communication, and willing to discuss strategy and potential outcomes honestly.

Does The Law Offices of David L. Freidberg offer free consultations?
Yes. Our firm offers free consultations 24/7 for clients facing theft or shoplifting charges in Chicago, Cook County, and the surrounding counties. We will review your case, explain your legal options, and begin developing a defense strategy immediately.

Why Defendants Need an Attorney and Why They Should Choose David L. Freidberg

A shoplifting charge in Chicago can alter the course of your life. Even if you believe the charge is minor or based on a misunderstanding, the consequences of a conviction can be severe and permanent. The Law Offices of David L. Freidberg has spent decades defending clients against theft-related charges in Cook County and surrounding areas. We understand how local prosecutors build their cases, and we know how to dismantle them.

When You Need a Fighter, Call Us

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 DUI 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.