QUESTION

What happens after the third degree for retail fraud?

Asked on May 09th, 2012 on Criminal Law - Michigan
More details to this question:
I was arrested for shoplifting $38 worth of merchandise from Meijer. I am seeking advice on what to do as my court date approaches. I am planning to leave the state soon and am trying to get my court date moved up, it is currently set for the 22nd. How much will my ticket be and will this go on my record?
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8 ANSWERS

Jacob P. Sartz
I'd recommend you privately consult with an attorney if you need specific legal advice. Any charged with a criminal offense has a right to counsel. If you cannot to retain a lawyer, the court may, depending upon eligibility criteria, appoint you one at the public's expense. Retail fraud is a misdemeanor charge punishable, if convicted, by up to ninety-three days in jail, probation up to two years, fines, costs, restitution, or other sanctions at the discretion of the court. Further, the store may pursue collection's activities and a possible civil claim for their losses. Nearly all the big chain stores request criminal charges in these situations pursuant to their corporate policies. As with any misdemeanor, if you are convicted, it will be on your record unless you participated in some type of diversionary program or, after five years from around the date of conviction, get the matter expunged from your record. Even with small amounts, a person may still be facing considerable sanctions if convicted, so I'd recommend you retain a lawyer to assist you with this matter. The court may not give you an option for a court-appointed attorney if the judge, within their discretion, believes they would not sentence you to jail time if convicted, even though they would have the option to do so.
Answered on Jul 20th, 2012 at 4:01 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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It does not matter that the merchandise was $38. This will absolutely go on your record, as it is a criminal offense. The best thing you can do for yourself now is hire an attorney.
Answered on May 23rd, 2012 at 11:51 AM

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Michael J. Breczinski
You should get an attorney especially if this is your first offense. This could goon your record forever and you should not just plead guilty. An attorney may be able to work out something that you have no record if you do everything the court asks of you. Think about what business would want to hire a thief!
Answered on May 21st, 2012 at 5:11 PM

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Criminal Defense Attorney serving Southfield, MI
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You seem to be a little confused about the charge against you. There will not just be simply a fine. You are charged with a criminal offense, a misdemeanor to be exact. The possible penalty is not a fine, it is up to 93 days in jail. Because it is a criminal offense, it will be on your record for the rest of your life unless you qualify for and you are granted an expungement in the future. You should consult with and hire an experienced criminal defense attorney ASAP. Your only hope of having this offense not go on your record is to work with a criminal attorney who will fight for you!
Answered on May 18th, 2012 at 11:14 AM

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If it is your first offense, you could ask to go into the diversion program where you would pay restitution, costs, fines, etc., in exchange for the charges being dropped. You should contact the prosecuting attorney to see what the plea deal might be for you....if they offer diversion, you should seriously consider it. DO NOT simply move out of the state and not deal with this. Even though third degree retail fraud is a small issue, you do not want to be picked up years later and look like you moved out of the state to avoid responsibility. You might be able to move up the pretrial (assuming that's what your hearing is for), but that does not happen very often as the time between arrest and pretrial is quite small. If you can't get the pretrial moved up, you should show up to the pretrial, preferably with an attorney, and see what the prosecution's offer is.
Answered on May 17th, 2012 at 3:43 PM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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I believe you may be referring to the charge of Retail Fraud, Third Degree. If so, that is what is commonly known as shoplifting. It is a low level misdemeanor punishable by up to 93 days in jail and/or a fine of up to $500.00 or 3 times the amount of the property/money wrongfully taken, whichever is greater. If you have no previous convictions, you might be eligible for special consideration. Should you leave the state before addressing the charge, a warrant will be issued against you. Likewise, if you are convicted and sentenced to a term of probation, you will not be permitted to leave the state without the court's permission. Doing so would be a violation of your probation. Any conviction will be kept of record by the State of Michigan and is a matter of public record.
Answered on May 17th, 2012 at 10:37 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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This is a very common matter, yet very serious. If you plead guilty, straight up, you will have a permanent criminal record. DO NOT DO THIS! You will be best served to have an attorney assist you.
Answered on May 16th, 2012 at 1:18 PM

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Leonard A. Kaanta
This a misdemeanor and you could face up 90 days in jail. I would not be planning to leave the state any time soon.
Answered on May 16th, 2012 at 1:05 PM

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