At arraignment, you always have a right to plead not guilty or stand mute and request that the court enter a plea of not guilty on your behalf. Don't feel pressured to plead guilty. Whether to plead guilty is ultimately your choice and it needs to be voluntarily decision. ? At arraignment, the judge or magistrate should advise you of your charge, your rights, ask how you wish to plead, then set a bond. If the charge is serious enough, they ask if you wish to have a court-appointed attorney or if you wish to retain counsel. It is usually a quick process. However, if you have questions, ask. The judge may or may not be able to answer, but it's important that you understand your rights. Shoplifting is usually charged in Michigan as retail fraud, third-degree, MCL 750.356d, if the value is under $200.00. This is a misdemeanor punishable upon conviction by up to ninety-three days in jail, fines, costs, restitution, probation up to two years, or other sanctions at the court's discretion. If convicted, as a misdemeanor, it could stay on a person's record. However, certain people, especially younger alleged offenders who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act which, if completed, could keep a conviction from being entered in their public record.? ? However, if a person has a prior retail fraud conviction, they could be charged with retail fraud, second degree, even if the alleged amount is under $200.00. ? Retail fraud second degree, MCL 750.356d (1), is a misdemeanor, punishable upon conviction by up to a year in jail, fines, costs, probation up to two years, restitution, or other sanctions at the court's discretion. ? As with a retail fraud third, if convicted, as a misdemeanor, it could stay on a person's record. However, certain people, especially younger alleged offenders who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act which, if completed, could keep a conviction from being entered in their public record. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel.
Answered on Feb 07th, 2014 at 5:24 AM