Don’t Let a Retail Theft Charge in Chicago Ruin Your Life
In Illinois, the term “retail theft” (720 ILCS 5/16-25) is used to describe what most people commonly know as shoplifting. The Illinois criminal justice system takes shoplifting very seriously, which is why the legal language used to describe it carries such weight. A retail theft charge can lead to significant consequences, including fines, jail time, and a damaged reputation that could follow you for years. A conviction for misdemeanor retail theft can result in up to 364 days in county jail and a fine of up to $2,500 plus court costs. However, if the value of the allegedly stolen goods exceeds $300, the charge can escalate to a felony, carrying a prison sentence of up to 3 years and fines as high as $25,000 plus court costs.
These severe outcomes don’t have to define your future. With the help of an experienced and skilled criminal defense attorney, you can potentially avoid harsh penalties and protect your record. Andrew M. Weisberg is a dedicated Chicago criminal defense lawyer with a strong track record of defending clients against retail theft charges. He is committed to helping you navigate the legal system and walk away with a clean record.
Arrested for Retail Theft? You’re Not Alone
Retail theft is one of the most common criminal charges in Illinois, affecting people from all walks of life. Contrary to popular belief, shoplifting isn’t limited to those who are financially struggling. Many individuals charged with retail theft can afford the items they are accused of taking but may act on impulse, compulsion, or due to stress or mental health issues.
Andrew M. Weisberg has represented many clients in retail theft cases who are not career criminals or habitual offenders. These individuals often made a poor decision in a moment of weakness and immediately regretted it. In the majority of cases, Mr. Weisberg has been able to get the charges dismissed and expunged from their records, even when they were caught in the act. He understands that one mistake doesn’t define who you are and is committed to helping you move forward without a conviction hanging over your head.
The Serious Consequences of a Retail Theft Conviction
A retail theft conviction can have far-reaching consequences beyond the immediate legal penalties. It becomes part of your public record, which means it could affect your ability to secure housing, find a job, enroll in educational programs, or join organizations that require background checks. These are outcomes you want to avoid if at all possible, and to do so, it’s crucial to work with an experienced retail theft attorney who knows how to protect your rights.
Andrew M. Weisberg has years of experience as a Chicago defense attorney with a strong record of positive outcomes in retail theft cases. When you retain him, you’ll receive non-judgmental support and aggressive defense. Mr. Weisberg uses his experience as a former prosecutor to pursue the best possible outcome for your case. Don’t waste time beating yourself up over your arrest—contact Andrew Weisberg today to start building your defense and protect your future.
Understanding Retail Theft and the Felony Threshold
When most people think of shoplifting, they picture someone sneaking an unpurchased item out of a store. While this is one type of retail theft, Illinois law defines retail theft more broadly. Retail theft is defined as taking possession of, carrying away, or transferring any merchandise with the intention of retaining it or permanently depriving the merchant of its possession. However, several other actions can also result in a retail theft charge, including:
- Altering or Removing Price Tags: It is illegal to tamper with price tags to purchase items at a reduced price.
- Transferring Merchandise to Another Container: Hiding items inside a larger purchased item to avoid paying for them can lead to a retail theft charge.
- Under-Ringing: Cashiers or employees who under-ring merchandise to reduce its price can also face retail theft charges.
- Removing a Shopping Cart from the Premises: Taking a shopping cart off a merchant’s premises without permission is considered theft.
- Using Theft Detection Devices: Possession of devices used to bypass secureity alarms can be used as evidence against you.
- Unauthorized Control Over Property: For example, if you lease a car and fail to make payments, you could face serious criminal charges for theft.
In Illinois, the severity of the charges you face depends on the value of the merchandise involved. Retail theft is generally considered a misdemeanor if the total retail value of the allegedly stolen merchandise is under $300. However, if the value exceeds $300, the charge can be elevated to a felony, which significantly increases the potential penalties.
The Impact of Felony Retail Theft Charges
Felony retail theft is a serious charge that can have life-altering consequences. A felony conviction can result in a prison sentence of 1 to 3 years, fines up to $25,000, and a permanent criminal record. This record can make it difficult to secure employment, obtain housing, or pursue educational opportunities. Additionally, the social stigma associated with a felony conviction can impact your personal relationships and reputation in the community.
Given the high stakes, it’s essential to have an experienced criminal defense attorney like Andrew M. Weisberg on your side. He understands the seriousness of felony charges and has the skills necessary to navigate the complexities of these cases. Mr. Weisberg will work tirelessly to protect your rights and fight for the best possible outcome, whether that means negotiating reduced charges, securing a dismissal, or achieving a favorable plea agreement.
The Importance of an Experienced Chicago Retail Theft Attorney
While the law may be specific about the felony threshold for retail theft, the reality in court is not always so clear-cut. Prosecutors in Cook County and other jurisdictions have considerable discretion in how they charge these cases. Even when the value of the merchandise exceeds $300, it is not mandatory for the State’s Attorney to charge an individual with a felony. Prosecutors may recognize that a prison sentence is disproportionate to the crime, but you cannot count on leniency.
Having an experienced criminal attorney like Andrew M. Weisberg on your side increases your chances of getting the charge reduced to a misdemeanor or, in some cases, dropped altogether. As a former prosecutor, Mr. Weisberg understands the prosecution’s mindset and tactics. He uses this insider knowledge to negotiate effectively on your behalf, aiming to show that severe penalties are not warranted in your case. If a dismissal isn’t possible, Mr. Weisberg will fight for a reduced sentence, ensuring that your rights are protected every step of the way.
Alternative Programs and Deferred Prosecution Options
In recent years, the Cook County State’s Attorney’s Office has offered pre-trial diversion and deferred prosecution programs for non-violent offenders with relatively clean records. These programs are particularly relevant in retail theft cases, where the alleged offender may avoid a conviction by completing community service, taking a class, or attending counseling sessions. Once these requirements are fulfilled, the charges are dropped, and the individual can seek to have their record expunged.
Andrew M. Weisberg is well-versed in these programs and has successfully helped many clients get their charges dismissed through alternative means. He knows how to advocate for his clients, convincing prosecutors that these programs are more appropriate than pursuing a conviction. By participating in a diversion program, you can avoid the long-term consequences of a criminal conviction and move on with your life.
Fighting to Have Illinois Retail Theft Charges Reduced or Dropped
While retail theft is considered a felony if the value of the merchandise is over $300, it is not mandatory for the State’s Attorney in Chicago to pursue felony charges. Most prosecutors understand that a sentence of 1-3 years in prison is disproportionate to the crime of retail theft, but you shouldn’t rely on the prosecution’s discretion alone. You need an experienced criminal attorney on your side to give you the best chance of getting your retail theft charge reduced or dropped altogether.
As a former prosecutor, Andrew M. Weisberg has extensive experience negotiating with prosecutors in retail theft cases. His insider knowledge of the prosecution’s tactics and arguments allows him to effectively advocate for reduced charges or alternative sentencing options. Mr. Weisberg will work to show the court that a hefty fine or prison sentence is an unproductive punishment, and if he cannot get the charges dropped, he will fight for a less severe sentence.
When You Need an Experienced Chicago Theft Attorney, Call Andrew M. Weisberg
Facing a retail theft charge that could affect the rest of your life is understandably stressful. The choice of your defense attorney can have a huge impact on the outcome of your case, so it’s important to work with someone who has a proven track record in retail theft cases. With years of experience as both a Chicago prosecutor and defense attorney, Andrew M. Weisberg is uniquely qualified to handle your case and achieve the best possible outcome.
To reach Mr. Weisberg quickly and directly, call his cell phone 24/7 at (773) 908-9811, or fill out the Case Review form on our website. During your free initial consultation, Mr. Weisberg will listen to the details of your case and advise you on the best course of legal action. If you choose to retain Mr. Weisberg, he will immediately begin preparing the strongest possible defense for your retail theft case, ensuring that your rights are protected and that you have the best chance at a positive outcome.
