Aurora Retail Theft Cases

Retail Theft Defense in Aurora: Experienced Representation by James Dimeas

If you have been charged with Retail Theft in Aurora, you are likely feeling overwhelmed, anxious, and unsure of what steps to take next. As a seasoned criminal defense attorney with over 32 years of experience, I, James Dimeas, understand the complexities and nuances of Retail Theft cases in Aurora and throughout Kane County. My practice focuses on protecting the rights and futures of individuals accused of crimes such as shoplifting and Retail Theft. I offer skilled legal representation, aimed at achieving the best possible outcomes for my clients.

What is Retail Theft in Illinois?

Retail Theft, commonly referred to as shoplifting, involves the unauthorized taking of merchandise from a retail establishment with the intent to permanently deprive the merchant of the full value of the goods. Under Illinois law (720 ILCS 5/16-25), there are several actions that can result in a Retail Theft charge, including:

• Taking merchandise without paying the full retail value
• Altering or removing price tags
• Transferring merchandise from one container to another
• Under-ringing items at a self-checkout station
• Leaving a store with merchandise that hasn’t been paid for

In Aurora and Kane County, Retail Theft is prosecuted aggressively. Many stores in the area, especially national retailers like Walmart, Target, Kohl’s, and Meijer, have robust loss prevention departments and sophisticated surveillance systems. They work closely with local law enforcement to prosecute suspected shoplifters.

Penalties for Retail Theft in Aurora and Kane County

The penalties for Retail Theft in Illinois depend on the value of the stolen merchandise and the accused’s criminal history. Here’s how Retail Theft offenses are generally classified:

• Class A Misdemeanor: Theft of merchandise valued at less than $300. This is punishable by up to one year in jail and a fine of up to $2,500.
• Class 4 Felony: If the value is under $300, but the accused has a prior Retail Theft conviction, the charge may be upgraded to a Class 4 Felony.
• Class 3 Felony: Theft of merchandise valued between $300 and $2,000, or retail theft committed with an emergency exit involved.
• Class 2 Felony: Theft of merchandise valued over $2,000, or in cases involving organized retail crime.

In Kane County, prosecutors take Retail Theft charges seriously, and repeat offenses or large-scale theft operations may lead to enhanced charges and steeper penalties.

Common Examples of Aurora Retail Theft Cases

Over the years, I have represented many clients accused of Retail Theft in Aurora Heights and surrounding areas. Here are a few examples of how these cases may arise:

• Self-Checkout Mistake: A client was accused of intentionally failing to scan several items at a self-checkout in a local Walmart. Surveillance footage was used as evidence, but we were able to show that the incident was accidental and negotiate a diversion agreement.
• Teenage Shoplifting: A high school student was caught taking makeup from a Target store. This was their first offense. We pursued a deferred prosecution program, and the charges were ultimately dismissed after successful completion.
• Repeat Offender: A client with a prior Retail Theft conviction was accused of stealing electronics worth $250. Because of the prior conviction, the new charge was a felony. We negotiated a plea agreement that avoided jail time and allowed for probation and counseling.

Enhancements and Aggravating Factors

Certain factors can lead to enhanced charges in Retail Theft cases in Aurora:

• Prior Convictions: A previous Retail Theft conviction can elevate a misdemeanor charge to a felony.
• Use of Emergency Exit: Stealing merchandise and exiting through an emergency exit can result in a felony charge.
• Organized Retail Crime: If multiple individuals conspire to commit Retail Theft, or if thefts are part of a coordinated effort, charges may be upgraded significantly.
• Retail Theft by Deception: Using a false return, swap scheme, or fraudulent means to obtain merchandise can also lead to criminal charges.

How Retail Theft Cases Are Handled in Kane County Courts

Retail Theft cases in Aurora are typically handled in the Kane County Judicial Center, located in St. Charles. After an arrest, the accused will appear in court for a bond hearing, followed by arraignment and pre-trial proceedings. At each stage, it is crucial to have an experienced attorney who understands the local court procedures and has relationships with prosecutors and judges.

In Kane County, there may be opportunities for diversion programs or deferred prosecution for first-time offenders. These programs can result in the dismissal of charges upon completion of certain conditions such as community service, counseling, or theft education classes.

Why You Need an Experienced Aurora Retail Theft Lawyer

Facing a Retail Theft charge in Aurora can have serious consequences beyond fines and jail time. A conviction can affect your employment opportunities, educational goals, and immigration status. That’s why it is critical to hire a knowledgeable and experienced criminal defense lawyer like myself, James Dimeas.

I have successfully handled countless Retail Theft and shoplifting cases in Kane County. My approach involves:

• Thoroughly reviewing the evidence, including surveillance footage and witness statements
• Identifying any violations of your constitutional rights
• Negotiating with prosecutors for charge reductions or dismissals
• Exploring eligibility for diversion and deferred prosecution programs
• Preparing for trial when necessary to aggressively defend your rights

Your Defense Starts Now

Every Retail Theft case is unique, and your defense should be too. Whether you made a mistake, were wrongly accused, or simply need someone to stand by your side, I am here to help. Don’t wait until your court date is around the corner. Early intervention can make all the difference.

If you or a loved one is facing Retail Theft charges in Aurora, call me, James Dimeas, today for a free and confidential consultation. I will explain your rights, walk you through the legal process, and work tirelessly to protect your future.

Contact James Dimeas – Aurora Retail Theft Attorney

Phone: 847-807-7405
Online Contact Form
Office: 120 W. Golf Road, Suite 110, Schaumburg, IL. 60195

Let my experience and dedication work for you. Serving Aurora and all of Kane County. Protect your record, your reputation, and your future.