Retail Theft/Shoplifting

Charged with Retail Theft in Chicago? Andrew M. Weisberg Has the Experience to Protect Your Record and Your Future

Being charged with retail theft in Chicago is a serious matter that can affect your freedom, your reputation, and your future opportunities. Even a first-time shoplifting arrest can result in a criminal record that follows you for years. In recent years, Cook County prosecutors have taken a much more aggressive approach to retail theft cases, especially when the alleged value exceeds $300. As a result, many people who once would have faced misdemeanor charges are now being prosecuted for felonies.

If you have been arrested for shoplifting or retail theft in Chicago, it is critical to have an experienced defense attorney on your side. Andrew M. Weisberg is a former Cook County prosecutor who has handled hundreds of retail theft cases, with the overwhelming majority resulting in dismissal and expungement. His experience in Cook County courtrooms allows him to identify opportunities for dismissal, diversion programs, and favorable outcomes that less experienced attorneys may miss. Andrew has received countless excellent reviews for his work on retail theft and other charges in Chicago and Cook County.

If you are facing retail theft charges, call (773) 908-9811 for a free consultation.

Extensive Experience Defending Retail Theft Cases

Retail theft defense is one of Andrew M. Weisberg’s primary areas of practice. Over the course of his career, he has represented hundreds of individuals charged with shoplifting and retail theft throughout Chicago and Cook County. These cases have involved everything from small misdemeanor allegations to serious felony charges. It is important to note that retail stores are aggressively pursuing arrests and prosecution for even low level retail theft cases. Some of the more common stores where retail theft cases are pursued include Target, Macy’s, Sephora, Whole Foods and other retail stores.

Many of Andrew’s clients are first-time offenders who never expected to be arrested. Students, professionals, visitors to Chicago, and working adults frequently find themselves facing retail theft charges after a single lapse in judgment or misunderstanding. Most cases of retail theft do not involve low income individuals stealing a loaf of bread and a carton of milk. Most cases that Mr. Weisberg handles are of individuals who have the resources to pay for items but for whatever reason decide to take items without paying. Most of the clients who are charged with retail theft explain that they simply made a bad decision and had no need for the items they took. Most individuals charged with retail theft feel shame and are stressed and overwhelmed by having to go through the criminal justice system. Mr. Weisberg takes the time to explain the process that lies ahead and is most often able to put the client at ease.

Through careful negotiation and strategic defense, the overwhelming majority of Andrew’s retail theft clients achieve dismissals and ultimately expunge their records. Avoiding a permanent conviction is often the most important goal in a retail theft case, and Andrew has built a reputation for achieving that result whenever possible.

Because Andrew appears regularly in Cook County courtrooms, he understands the procedures, diversion programs, and negotiation strategies that can lead to successful outcomes.

How Illinois Defines Retail Theft (720 ILCS 5/16-25)

Under Illinois law, retail theft occurs when a person knowingly takes merchandise or interferes with a merchant’s ability to receive full payment. The law covers more than simply walking out of a store without paying.

Retail theft charges may involve allegations such as:

• Taking merchandise from a store without paying
• Concealing items in a purse, backpack, or clothing
• Switching or altering price tags
• Ringing up items incorrectly at a self-checkout
• Using a fraudulent credit card or bad check
• Removing a shopping cart from store property
• Under-ringing items while working as an employee
• Assisting another person in committing retail theft

In many cases, the prosecution relies heavily on store security personnel, surveillance video, and written statements taken at the time of the detention. These forms of evidence are not always reliable and must be carefully examined.

Retail theft cases often depend on whether the State can prove intent to permanently deprive the merchant of the merchandise. Mistakes, misunderstandings, or distractions do not necessarily amount to criminal intent.

Tougher Retail Theft Enforcement Under State’s Attorney Eileen Burke

Retail theft enforcement has become significantly more aggressive under Cook County State’s Attorney Eileen Burke. The Cook County State’s Attorney’s Office has adopted stricter policies toward theft offenses, particularly retail theft. It is important to know what to do if stopped in a store for retail theft.

In the past, felony retail theft charges were often reserved for cases involving higher dollar amounts or repeat offenders. Today, prosecutors are regularly filing felony charges whenever the alleged value exceeds $300.

This change means that individuals who once would have faced misdemeanor charges are now being prosecuted for felonies that can carry far more serious consequences.

The new enforcement approach includes:

• More felony charges for alleged thefts over $300
• Stricter plea negotiation policies
• Greater resistance to reduced charges
• More aggressive prosecution strategies
• Increased focus on repeat offenders

This tougher prosecutorial climate makes it more important than ever to hire an experienced retail theft defense attorney who knows how to navigate the Cook County court system.

Retail Theft Charges and Penalties in Illinois

Retail theft penalties vary depending on the value of the merchandise and a person’s prior criminal record.

Misdemeanor Retail Theft (Under $300)

Retail theft involving property valued under $300 is generally charged as a Class A misdemeanor.

Possible penalties include:

• Up to 364 days in county jail
• Fines of up to $2,500
• Court costs and fees
• Probation or conditional discharge
• Community service

Although jail is not mandatory, a conviction creates a permanent criminal record that can affect employment and educational opportunities.

Felony Retail Theft ($300 or More)

Retail theft involving property valued at $300 or more is typically charged as a felony in Cook County.

Felony classifications include:

Class 4 Felony
Property valued between $300 and $10,000

Possible penalties include:

• One to three years in prison
• Possible probation
• Fines up to $25,000

Class 3 Felony
Property valued between $10,000 and $100,000

Possible penalties include:

• Two to five years in prison

Class 2 Felony
Property valued between $100,000 and $500,000

Possible penalties include:

• Three to seven years in prison

Repeat retail theft offenses can result in enhanced penalties and a greater likelihood of incarceration.

Even when probation is imposed instead of prison, a felony conviction can have long-term consequences that follow you for decades.

The Importance of Avoiding a Retail Theft Conviction

For many clients, the most important objective in a retail theft case is avoiding a permanent criminal conviction. A retail theft conviction can have serious consequences that extend far beyond the courtroom.

A conviction may affect:

• Employment opportunities
• Professional licensing
• College admissions
• Housing applications
• Background checks
• Immigration status

Because retail theft is considered a crime of dishonesty, employers often view it more negatively than many other offenses.

Avoiding a conviction whenever possible is a critical part of Andrew M. Weisberg’s defense strategy.

Branch 9 Deferred Prosecution and Other Dismissal Opportunities

Even under stricter Cook County policies, experienced defense attorneys can still take advantage of programs that allow retail theft cases to be dismissed. In misdemeanor cases, an individual will often be eligible for misdemeanor deferred prosecution. In this situation, the person charged with retail theft will typically complete a theft deterrent program online or do some community service at the charity of their choice. At the end, the case will be dismissed. It is important to seek such a program at the very beginning of the case and an experienced criminal lawyer will know how to get the done.

One important example is the Branch 9 Deferred Prosecution Program, which provides eligible defendants with an opportunity to complete conditions such as classes or community service in exchange for dismissal of the charges. This program is for felony charges that are non-violent such as shoplifting. Acceptance in the program is not automatic and an experienced criminal defense attorney will immediately begin talking to the prosecutors about getting their client in the program.

Once a case is dismissed, it can typically be expunged, allowing the client to move forward without a criminal record. The expungement process is separate from the original criminal case and an experienced criminal attorney can handle that process for you.

Andrew M. Weisberg has extensive experience successfully guiding clients through deferred prosecution programs and other paths to dismissal.

Building a Strong Retail Theft Defense

Retail theft cases are often more defensible than people expect. Andrew M. Weisberg carefully reviews the evidence and circumstances of each case to identify the strongest defense strategy. In most cases, when a person is caught shoplifting, they fully cooperate with the loss prevention agent from the retail store. Clients often call Andrew Weisberg and express regret for having cooperated with the store security and admitting to retail theft. They assume this means they will be convicted and possibly jailed. Nothing can be further from the truth. An experienced defense lawyer can use the client’s cooperation and genuine remorse to ultimately obtain a dismissal of the charges. When a suspect cooperates and treats the security with respect, that is often reflected in the report of the security officer and the police report. In fact, when a prosecutor talks to a retail store about the possibility of a deferred prosecution, the first thing they often ask is whether the suspect was respectful and cooperative.

In cases where deferred prosecution may be unavailable, possible defenses to shoplifting may include lack of intent. The prosecution must prove that the defendant intended to permanently deprive the store of the merchandise. Accidental concealment or confusion at a self-checkout station may undermine the State’s case.

Mistaken identity can also be an issue, especially when surveillance video is unclear or when multiple individuals are involved. Improper store procedures sometimes create weaknesses in the prosecution’s evidence. Loss-prevention officers and store employees may fail to follow required procedures or preserve evidence properly. Constitutional violations can also affect retail theft cases. Illegal searches or detentions may lead to suppression of evidence.

In many cases, Andrew focuses on achieving dismissal through negotiation and diversion programs rather than risking a conviction at trial.

Early Legal Representation Makes a Difference

Retail theft cases often move quickly through the court system. Early legal representation can improve the chances of a favorable outcome.

Hiring an attorney early allows for:

• Immediate protection of your rights
• Strategic negotiation with prosecutors
• Preparation for diversion programs
• Evidence preservation
• Reduction of charges when possible

Many clients achieve better results when an experienced attorney becomes involved early in the case.

Andrew M. Weisberg: A Leading Retail Theft Defense Lawyer in Chicago

Andrew M. Weisberg has built a strong reputation as a Chicago retail theft defense attorney through years of dedicated representation and successful outcomes.

Clients choose Andrew because he provides:

• Extensive experience handling retail theft cases
• Hundreds of cases successfully resolved
• A strong track record of dismissals and expungements
• Former Cook County prosecutor experience
• Personal attention on every case
• Strategic and aggressive representation

Retail theft defense is a core part of Andrew’s practice, and he understands how to obtain the best possible results for his clients in Cook County courts.

Contact Andrew M. Weisberg for a Free Consultation

If you have been arrested or charged with retail theft in Chicago, do not wait to get legal help. Early action can make a significant difference in the outcome of your case.

Call (773) 908-9811 anytime for a free and confidential consultation or complete the Case Review Form on this website.

With prosecutors taking a tougher approach under State’s Attorney Eileen Burke, experienced representation is more important than ever. Contact Andrew M. Weisberg for a free consultation.

Your record and your future are worth protecting.