20+ Years of Experience
Dupage County Retail Theft Attorney
At Kostopolous Law Group, we routinely handle retail theft cases throughout Chicago. Gus Kostopoulos is a former prosecutor who has handled thousands of cases. He will use his experience to attack the prosecution’s case aggressively. If you’re facing shoplifting charges, speak with a Chicago retail theft attorney at Kostopoulos Law Group today.
Authorities take “retail theft” cases seriously in Illinois. At the minimum, retail theft is a Class A misdemeanor. Aggressive prosecutors look for any enhancements supported by the facts to increase penalties to a Class 4 felony and even higher. Call Gus Kostopoulos now so that we can devise your best legal strategy.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
What Are The Elements of a Retail Theft Case?
Contrary to popular myth, you do not need to leave the store with an item to be convicted of theft. Instead, the offense is complete when the defendant “obtains or exerts unauthorized control over property of the owner.” Under 720 ILCS 5/16-25, This conduct includes:
- Physical Touch: Moving an item with the intent to keep or destroy it constitutes theft in Illinois. Intent can be inferred from actions, such as placing an item in one’s pocket as opposed to a shopping cart.
- Label Alteration: It is an offense to remove a price tag or other label and then attempt to pay less than full retail value for the item at the register.
- Under-Ringing: If a cashier intentionally under-rings a customer, that’s the same thing as removing the item from the shelf. This applies even if the cashier does not receive a share of the stolen merchandise.
- False Representation: This offense usually involves lying to a customer service returns representative to obtain cash, store credit, or whatever.
- Retaining Leased Property: There is a presumption that if a defendant keeps leased property more than ten days past the due date that there is an intent to permanently deprive; in other cases, prosecutors often use circumstantial evidence to prove intent.
It is also a crime to use or possess theft shielding equipment or remove a shopping cart from the store’s property.
What is the Punishment for Retail Theft?
Retail theft under $500 is a Class A misdemeanor punishable by a maximum $500 fine and/or one year in jail, unless:
- The defendant used the emergency exit, in which case the crime is a Class 4 felony (one to three years in prison and a $25,000 fine), or
- The defendant had any prior theft convictions (Class 4 felony).
Prosecutors may also bring misdemeanor or felony charges if the defendant allegedly:
Over the course of one calendar year.
Took more than $500 in property from any one owner,
In multiple transactions,
What Can Store Security Do?
The good news is that store security personnel have no right to arrest a defendant suspected of shoplifting. The bad news is that they may detain suspects for a reasonable period and in a reasonable manner. In most cases, that means they can place the defendant in a locked room and even restrain him or her. Moreover, store security personnel can begin questioning you straightaway. They often do this without informing you of your rights or even calling their parents.
After the fact, the store can ban the defendant from the premises, possibly even if the defendant is later found not guilty or if the charges are dropped.
What are Some Defenses?
The statute refers to the “owner” of the property. This is generally defined as anyone who has a superior right to possession of the property. This category could include the
- Record owner,
- Store manager,
- Security guard,
- Cashier, or
- Almost anyone else.
Even with this broad definition, it is not always easy for prosecutors to secure an owner’s testimony a year or more after the alleged retail theft, which is normally the soonest that these cases go to trial. By that time, especially in very low-dollar situations, the owner has either lost interest in the case or has left that job for another position. In both these situations, it is difficult, or impossible, for the prosecutor to subpoena the owner and thereby make a prima facie case.
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My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Are Their Alternatives to Trial?
Prosecutors often consider non-trial disposition in non-violent cases, especially if you have no criminal record. Many jurisdictions offer deferred prosecution programs that involve a theft-deterrent class and/or a few community service hours. Once the program is completed, prosecutors dismiss the charges and the defendant is eligible for expunction. In other cases, court-supervision probation is available, and defendants are eligible for expunction after a two-year waiting period.
Illinois law also provides a civil penalty of up to $1,000 for a retail theft case, and it is not unusual for defendants to receive demand letters months or even years after the fact. Because of cost considerations, the stores rarely take these cases to trial if the letters go unheeded, but it is quite common for them to turn the matters over to debt collectors.
Speak to a Chicago Retail Theft Attorney Today
There are serious consequences for retail theft, underscoring the need for an aggressive criminal defense lawyer in Chicago, like the ones you’ll find at Kostopolous Law Group. Call today for a free consultation.
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