Defending against Shoplifting Charges

 Posted on December 30, 2015 in Shoplifting

The holiday season is a big time for accusations of shoplifting and retail theft to arise. Stores are packed with people, and purchase items might accidentally get placed in a purse, or might not get paid for. Retailers are on high alert and are extra accusatory this time of year, but when a person stands accused of stealing merchandise when they are innocent, it is a problem. Shoplifting under Illinois law is usually a misdemeanor offense, but when the value of the allegedly stolen item is more than $300 or the accused is a repeat offender, the charges can be upgraded to a felony. When you are facing shoplifting and retail theft charges, you need an experienced criminal defense lawyer to help protect your rights.

Defense Strategies for Shoplifting Charges

When it comes to shoplifting charges, a criminal defense lawyer who normally handles shoplifting cases can help you identify the best defense strategy that is available to you. Some more common shoplifting criminal defense strategies involve the following:

1. The Value of the Item Allegedly Stolen Does Not Support the Charges. The item that is allegedly stolen has a value, and charges, and thus punishments, are usually based on the value of the stolen item. When evidence exists that the item was in fact taken by the defendant, a good strategy is to argue that the charges are incorrect and should be downgraded to a lesser offense.
2. Lack of Evidence to Support the Charges against the Defendant. If there is insufficient evidence that the defendant shoplifted, then the case against the defendant should be dropped at the preliminary hearing of grand jury phase of the case, if applicable. When there is no video evidence, or no witness that can positively identify you as the suspect, there is a strong possibility that the case will be dismissed for lack of evidence.
3. Lack of Probable Cause. Many people who are accused of shoplifting are detained by store security, and their personal items are searched for the allegedly stolen merchandise. But in order to subject the accused to these invasions, the security officer or store representative must have probable cause that the accused committed shoplifting. This means that there must be some evidence that the defendant committed the crime.

Defending against Shoplifting Charges Is Important

A shoplifting conviction will go on your permanent criminal record and you will have to face the punishments associated with your crime. That is why it is so important to consider every aspect of the case and explore every defense strategy that is available to you.

Call the Law Offices of Christopher M. Cosley

Many people are accused of shoplifting. Retail theft could be accidental, or it could just be a mistake or a moment of poor judgement. Regardless of what the situation might be, if you are facing shoplifting charges, you need the help of an experienced retail theft lawyer. Please contact a skilled Rolling Meadows defense attorney at our office immediately. We are prepared to assist you with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25