What Are My Rights if I Am Accused of Shoplifting in Illinois?

 Posted on October 11, 2024 in Criminal Defense

Illinois treats theft as a serious crime and attaches heavy penalties. One form of theft is shoplifting, which last year cost retailers in Illinois over $120 billion and is projected to cost them $150 billion in 2026. Retailers do not have a great success rate at catching shoplifters. Approximately two percent are caught, and police make arrests only in one out of 100 shoplifting incidents on average.

When a store does believe someone is shoplifting, however, it can take certain actions under Illinois law. In such a situation, understanding your rights is a crucial first step to defending yourself against charges of theft. If you are accused of shoplifting, consult an experienced Illinois criminal defense attorney who knows how to build a solid defense.

What Is Considered Shoplifting in Illinois?

When most people hear the word shoplifting, they think of someone slipping an item into a handbag and leaving the store. But shoplifting can include any action intended to permanently deprive a merchant of an item without paying its full retail value. Other forms of shoplifting can include:

• Switching or altering price tags
• Removing a shopping cart
• Switching packaging
• Trying to return or exchange an unpaid item
• Removing an anti-theft device

What Are My Rights if I Am Accused of Shoplifting?

If a merchant has reasonable cause to believe you shoplifted, the store is allowed to detain you for a reasonable amount of time in a reasonable manner. The key word here is "reasonable." While it is not defined by the law, it is understood to mean that you cannot be subjected to excessive force, held until you confess, detained for hours on end, denied water, or other treatments that a court would find unreasonable.

Furthermore, the merchant is only allowed to detain you for the following purposes:

• To wait for law enforcement to arrive
• To request and verify your identification
• To investigate whether you possess the merchandise in question

Note that a detainment by the store is not an arrest. Only a police officer can arrest you.

What Are the Penalties for Shoplifting?

Illinois law prescribes penalties for shoplifting that largely depend on the amount of the merchandise:

• If the merchandise was valued at $300 or less, it is a Class A misdemeanor which carries a fine of up to $2,500 and up to a year in prison.
• Shoplifting more than $300 in a year is a Class 3 felony which carries a fine of up to $25,000 and one to three years in prison.
• Someone who has prior shoplifting convictions or uses an emergency exit when committing the offense can face higher penalties.

Contact an Aurora, IL Shoplifting Defense Attorney

Being accused of shoplifting can be a frightening experience, especially if you are being detained by the store. Learn your rights and protect them by consulting a Will County, IL theft defense lawyer. At Law Office of Patricia Magaña, LLC, we are committed to protecting your civil liberties and building the strongest legal defense possible. Schedule a free consultation with an attorney by calling 630-448-2001 today. Spanish speakers welcome.