Wheaton, IL Retail Theft Attorneys

DuPage County Criminal Defense Lawyers

Retail theft is an umbrella term which encompasses a wide array of shoplifting crimes. These property crimes can be either misdemeanors or felonies. Short-term consequences include jail time, court supervision, fines and restitution. Later on, persons with a retail theft conviction may find it difficult to get a job that requires them to be around money. These offenses are also generally considered crimes of moral turpitude, so a conviction may derail future plans to be a doctor, lawyer, accountant or other professional.

The experienced attorneys at the Law Offices of Salvatore C. Miglore and Associates vigorously defend persons who have been charged with retail theft or any other criminal offense. Our experienced lawyers have the skills necessary to win these cases in court, have the charges dismissed before trial or negotiate a favorable plea bargain agreement with prosecutors.

Under Chapter 720, Article 5/16 of the Illinois Compiled Statutes, most defendants in retail theft cases are either shoppers or clerks. The specific offenses include:

• Shoplifting,
• Altering a label or package,
• Moving an item to another location with the intent to buy it at a lower price,
• Under-ringing a customer,
• Stealing a shopping cart,
• Fraudulently returning an item,
• Tampering with an anti-theft device, and
• Falsifying a lease.

If the value of property is less than $300, the offense is generally a Class A Misdemeanor. Certain repeat offenses, such as theft of motor fuel and tampering with an anti-theft device, as well as any theft of an amount greater than $300, is a Class 4 Felony. There may also be a civil proceeding that may result in a substantial money judgment against a defendant, especially if there is a conviction.

The law is written to try and give prosecutors an advantage. For example, according to subsection (c), the jury may infer that if the person "concealed" an item, the person intended to take it. Nevertheless, these cases are difficult to prove, which gives the defendant the advantage in many instances. Some offenses require the testimony of an "owner." That term is broadly defined, but the state is often hard-pressed to produce a security guard, store manager or other person, because the trial may be several months following the incident. Despite the way the law is written, it is also hard to prove intent. Most importantly, the prosecutor must prove every element of the offense beyond any reasonable doubt. So, even if there is quite a bit of unfavorable evidence, it may not be sufficient to support a conviction. This is especially true if the defendant has a credible theory of the case; for example, many people simply forget they have a certain item and unintentionally do not pay for it.

There are a number of effective defenses against a retail theft charge. To find out which ones may apply to your case, contact us at 630.933.8400. At the Law Offices of Salvatore C. Miglore and Associates, we represent defendants in both state and federal court throughout Will, Lake, McHenry, Kendall, DuPage, DeKalb, Kane and Cook Counties.