Hoffman Estates Retail Theft Cases

Retail theft, commonly referred to as shoplifting, is a serious criminal offense in Hoffman Estates, Illinois. As a seasoned criminal defense attorney with decades of experience handling retail theft cases, I understand the complexities of the law, the possible penalties, and the strategies that can be employed to build a strong defense. If you or a loved one has been charged with retail theft in Hoffman Estates, you need an experienced defense attorney who understands the nuances of these cases and can fight for your rights.

What Is Retail Theft in Hoffman Estates?

Retail theft in Hoffman Estates, like the rest of Illinois, is governed by the Illinois Criminal Code (720 ILCS 5/16-25). Retail theft involves taking merchandise from a retail establishment without paying the full retail value, with the intent to permanently deprive the merchant of that property. This can be done in several ways, including:

• Concealing merchandise with the intent to leave the store without payment.
• Altering or switching price tags to pay less than the item’s actual value.
• Under-ringing merchandise through self-checkout or by an accomplice.
• Possessing or using theft detection shielding devices to evade security sensors.

Potential Penalties for Retail Theft in Hoffman Estates

The severity of the penalties for retail theft depends on the value of the stolen merchandise and the defendant’s criminal history. Under Illinois law, retail theft can be charged as either a misdemeanor or a felony.

Misdemeanor Retail Theft

• If the value of the stolen merchandise is less than $300, the charge is typically a Class A Misdemeanor.
• Penalties include up to one year in jail, fines of up to $2,500, probation, and potential court-ordered restitution.

Felony Retail Theft

Retail theft can be elevated to a felony under certain circumstances, such as:

• Theft of merchandise valued over $300.
• Second or subsequent offense of retail theft, regardless of the value.
• Theft committed in conjunction with the use of a theft detection shielding device.

Felony retail theft is typically charged as a Class 4 Felony, carrying penalties of one to three years in prison and fines of up to $25,000. However, in more severe cases, such as organized retail crime, charges can escalate to more serious felony classifications.

Potential Enhancements and Aggravating Factors

Certain factors can enhance the severity of retail theft charges in Hoffman Estates. These enhancements can significantly impact the outcome of a case and the potential penalties.

1. Prior Retail Theft Convictions: If you have a previous conviction for retail theft, even a minor infraction can result in felony charges.
2. Use of Theft Detection Shielding Devices: The use of any device to bypass store security alarms results in automatic felony charges.
3. Organized Retail Theft: If the theft is part of an organized scheme involving multiple individuals or thefts across multiple locations, you could face enhanced penalties.
4. Retail Theft from Multiple Locations: If merchandise is stolen from more than one store as part of a single scheme, the total value of the stolen goods may be aggregated to determine the severity of the charges.
5. Theft of Controlled Substances: If the stolen items involve prescription medications, the penalties become more severe.

Defenses for Retail Theft Charges in Hoffman Estates

An experienced Hoffman Estates criminal defense attorney can build a robust defense against retail theft charges. Common defense strategies include:

1. Lack of Intent: Retail theft requires an intent to deprive the merchant permanently. If the incident was an accident or misunderstanding, intent cannot be proven.
2. Mistaken Identity: Surveillance footage and eyewitness accounts can be unreliable. Mistaken identity is a valid defense if you were wrongfully accused.
3. Illegal Search and Seizure: If law enforcement or store security violated your Fourth Amendment rights by conducting an unlawful search, the evidence could be suppressed.
4. Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak or circumstantial, charges can be dismissed.
5. Entrapment: If store personnel used deceptive tactics to induce the theft, entrapment may be a valid defense.

The Importance of Hiring an Experienced Retail Theft Attorney in Hoffman Estates

Retail theft charges can carry serious, long-lasting consequences. A conviction can result in jail time, steep fines, a permanent criminal record, and difficulties in securing employment or housing. Hiring an experienced criminal defense attorney with knowledge of Hoffman Estates courts, prosecutors, and procedures can make a significant difference in the outcome of your case.

James Dimeas has successfully defended countless clients facing retail theft charges. He understands the intricacies of Illinois retail theft laws and use proven strategies to protect your rights and your future.

How I Can Help

1. Case Evaluation: I will thoroughly analyze the details of your case, including police reports, surveillance footage, and witness statements.
2. Developing a Defense Strategy: I will craft personalized defense strategies based on the facts and circumstances unique to your situation.
3. Negotiating with Prosecutors: When possible, I will negotiate with prosecutors to reduce or dismiss charges or secure alternative sentencing options like diversion programs.
4. Aggressive Court Representation: If your case goes to trial, I will provide aggressive, skilled representation in the courtroom.
5. Post-Conviction Relief: I will also assist with expunging or sealing records if you qualify.

Retail Theft Diversion Programs in Hoffman Estates

Hoffman Estates offers potential diversion programs for first-time, non-violent offenders. These programs may include community service, theft education classes, or restitution payments. Successful completion of the program often results in the dismissal of charges, preventing the creation of a permanent criminal record.

Contact James Dimeas for Skilled Retail Theft Defense in Hoffman Estates

If you are facing retail theft charges in Hoffman Estates, don’t face the legal system alone. The consequences of a conviction can impact every aspect of your life. Attorney James Dimeas has the knowledge, experience, and commitment to provide you with the strongest possible defense.

Contact my office today at 847-807-7405 to schedule a free consultation and learn how I can help protect your rights, your reputation, and your future. I am available 24/7 to assist you and answer your questions.

Don’t let a retail theft charge define your life. Contact James Dimeas today and take the first step toward a brighter future.