Retail theft, or shoplifting, is a serious criminal offense in Illinois that can result in fines, probation, and even jail time. If you have been accused of retail theft, it's crucial to understand the charges against you and your legal options for defense. An experienced criminal defense attorney can help you navigate the legal system, protect your rights, and work towards the best possible outcome in your case.
Definition, Requirements, and Defense
In Illinois, retail theft is defined as knowingly:
1. Taking possession of or carrying away merchandise without paying the full retail value
2. Altering or removing price tags or labels to deprive the merchant of the full value
3. Transferring merchandise between containers to deprive the merchant of the full value
4. Using a theft detection shielding device or remover
5. Falsely representing ownership of property to obtain a refund or exchange
To convict someone of retail theft, the prosecution must prove beyond a reasonable doubt that the defendant committed the alleged offense with the intent to deprive the merchant of the full retail value of the property.
Defenses to retail theft charges may include:
1. Lack of intent to steal
2. Mistaken identity
3. Challenging the value of the stolen property
4. Plea negotiations for reduced charges or penalties
5. Diversion programs for first-time offenders
The most appropriate defense strategy depends on the specific facts and circumstances of each case.
Legal Process for Retail Theft Defense Attorneys
When representing a client charged with retail theft, a criminal defense lawyer typically follows these steps:
1. Consultation: The attorney meets with the client to discuss the charges, the client's version of events, and potential defense strategies.
2. Investigation: The lawyer gathers and reviews evidence, such as police reports, witness statements, and surveillance footage, to identify weaknesses in the prosecution's case.
3. Pretrial negotiations: The attorney may engage in discussions with the prosecutor to explore plea bargain options, such as reduced charges or alternative sentencing.
4. Pretrial motions: If appropriate, the lawyer may file motions to suppress evidence, dismiss the case, or obtain other forms of relief based on legal or factual grounds.
5. Trial: If the case proceeds to trial, the attorney presents a strong defense, challenges the prosecution's evidence, and argues for the client's acquittal.
6. Sentencing: If the client is convicted, the lawyer may argue for a lenient sentence based on mitigating factors and the client's individual circumstances.
Throughout the process, the retail theft defense attorney provides advice, protects the client's rights, and advocates for the most favorable outcome possible based on the unique aspects of the case.