Aggressive Defense Against Shoplifting Charges in Will County
A retail theft arrest in Joliet can happen in seconds — a store security guard detains you, police arrive, and suddenly you are facing criminal charges that could follow you for the rest of your life. Many people assume shoplifting is a minor offense, but Illinois law treats retail theft seriously. Even a first-offense misdemeanor creates a criminal record that shows up on background checks, and a felony retail theft conviction means prison time, heavy fines, and permanent damage to your employment prospects.
At the Law Offices of Jack L. Zaremba, P.C., we defend clients charged with retail theft and shoplifting throughout Joliet, Will County, and Grundy County. Attorney Jack Zaremba is a former Will County prosecutor who understands how the State prosecutes these cases and knows the strategies that are most effective in getting charges reduced or dismissed. Whether you are facing a misdemeanor shoplifting charge or a felony retail theft allegation, every client receives Jack’s personal attention.
Illinois Retail Theft Laws
Retail theft in Illinois is governed by 720 ILCS 5/16-25. The statute covers far more than simply walking out of a store with unpaid merchandise. Under Illinois law, a person commits retail theft when they knowingly:
- Take merchandise from a retail establishment without paying the full retail value
- Alter, transfer, or remove a price tag or label to pay less than the actual price
- Transfer merchandise from one container to another to conceal the item or reduce its price
- Under-ring merchandise at a self-checkout or cash register
- Use a theft detection shielding device (booster bag) to defeat store security sensors
- Use a theft detection device remover to remove security tags
- Leave through an emergency exit with stolen merchandise
You do not need to actually leave the store to be charged. Concealing merchandise on your person with the intent to steal — even if you are stopped before reaching the exit — is sufficient for a retail theft charge in Joliet. Switching price tags or using a self-checkout to ring up items at a lower price also constitutes retail theft under Illinois law.
Penalties for Retail Theft in Joliet
The penalties for retail theft in Will County depend on the value of the merchandise, your criminal history, and the method used. What starts as a misdemeanor can quickly become a felony:
Class A misdemeanor — Retail theft of merchandise valued at $300 or less with no prior theft convictions. Punishable by up to 364 days in jail and fines up to $2,500. Court supervision may be available for first offenders, which can keep the conviction off your record.
Class 4 felony — Applies in three situations: (1) retail theft of merchandise valued at $300 or less with a prior conviction for any type of theft, robbery, burglary, or forgery; (2) theft by emergency exit of merchandise valued at $300 or less; or (3) second or subsequent use of a theft detection shielding device. Penalties include 1 to 3 years in prison and fines up to $25,000.
Class 3 felony — Retail theft of merchandise valued at more than $300, whether in a single transaction or accumulated over multiple incidents within one year. Also applies to theft by emergency exit with a prior theft conviction. Penalties include 2 to 5 years in prison and fines up to $25,000.
Class 2 felony — Theft by emergency exit involving merchandise valued at more than $300. Penalties include 3 to 7 years in prison and fines up to $25,000.
In addition to criminal penalties, retail merchants in Illinois can pursue civil penalties against you. Under Illinois law, a store can demand restitution for the value of the merchandise plus up to $1,000 in additional damages and attorney’s fees. Many people arrested for shoplifting in Joliet receive demand letters from law firms representing retailers seeking these civil payments.
How Retail Theft Escalates to a Felony
One of the most important things to understand about retail theft in Illinois is how quickly a misdemeanor can become a felony. The $300 threshold is the primary dividing line, but prior convictions are an equally significant factor. Any prior conviction for any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery will elevate a misdemeanor retail theft to a felony — even if the prior conviction occurred years ago and in a different state.
This means that a person with an old shoplifting conviction who is caught stealing a $20 item can be charged with a Class 4 felony carrying up to 3 years in prison. Joliet police and Will County prosecutors routinely check criminal histories and file enhanced charges whenever a prior qualifying conviction exists.
Defense Strategies for Retail Theft Cases
As a former Will County prosecutor, Attorney Zaremba has handled retail theft cases from both sides and knows the weaknesses in how these cases are typically built:
- Lack of intent — Retail theft requires the intent to permanently deprive the merchant of merchandise without paying. Accidentally forgetting to scan an item at self-checkout, being distracted while shopping, or absent-mindedly placing an item in your bag is not retail theft. We challenge the prosecution to prove intent beyond a reasonable doubt.
- Unlawful detention by store security — Merchants have a limited right to detain suspected shoplifters under 720 ILCS 5/16-26, but only when they have reasonable grounds. If security detained you without proper justification or used excessive force, this can be challenged.
- Challenging the value of merchandise — The $300 threshold determines whether the charge is a misdemeanor or felony. We examine how the retail value was calculated and challenge inflated values that could push the charge to a higher classification.
- Challenging prior conviction enhancements — If your charge was elevated to a felony based on a prior conviction, we verify that the prior offense qualifies under the statute. Not every prior conviction triggers enhancement.
- Surveillance video issues — Many retail theft cases in Joliet rely on store surveillance footage. We examine the quality, completeness, and chain of custody of video evidence and challenge identifications based on unclear or incomplete recordings.
- Negotiating for court supervision — For first-offense misdemeanor retail theft, court supervision can result in the charge being dismissed after a period of compliance. This keeps a conviction off your permanent record.
Why Hire a Former Prosecutor for a Shoplifting Charge
People often underestimate the seriousness of a retail theft charge because they view shoplifting as a minor offense. But a conviction — even for a misdemeanor — creates a permanent criminal record that appears on every background check for the rest of your life. Employers, landlords, professional licensing boards, and educational institutions in Joliet and throughout Will County routinely reject applicants with theft convictions.
Attorney Jack Zaremba takes retail theft cases as seriously as any other criminal charge because he understands what is at stake for his clients. With more than 20 years of criminal law experience, including years as a Will County prosecutor, he knows how to negotiate with prosecutors for reduced charges, advocate for court supervision, and take cases to trial when the evidence does not support a conviction.
Frequently Asked Questions About Retail Theft in Joliet
Can I get court supervision for a shoplifting charge in Illinois?
For a first-offense misdemeanor retail theft, court supervision is often available. If you successfully complete the supervision period, the charge is dismissed and does not result in a conviction on your record. However, supervision is not available for felony retail theft charges, which is why keeping the charge at the misdemeanor level is critical.
Will a retail theft conviction show up on a background check?
Yes. A retail theft conviction — whether misdemeanor or felony — is a permanent criminal record that appears on background checks. Employers, landlords, and licensing boards routinely screen for theft convictions. Court supervision, if granted and completed, does not result in a conviction and is generally not visible on standard background checks.
Can I be charged with retail theft if I did not leave the store?
Yes. Under Illinois law, concealing merchandise on your person with the intent to steal is sufficient for a retail theft charge. You do not need to pass the point of sale or leave the store. Store security can detain you if they have reasonable grounds to believe you intended to steal the merchandise.
What should I do if I receive a civil demand letter after a shoplifting arrest?
Retailers frequently send civil demand letters through their attorneys seeking payment of up to $1,000 plus the value of the merchandise. These are civil matters separate from your criminal case. You should consult with your defense attorney before making any payment, as paying the civil demand does not affect your criminal charges and could be used as evidence of guilt.
Related: Return to Criminal Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Retail Theft Defense Attorney
If you have been charged with retail theft or shoplifting in Joliet, Will County, or Grundy County, do not assume this is a minor charge that will go away on its own. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. We are available 24 hours a day and offer affordable rates with flat fees for most cases.