You may also complete our online contact form. If you or your child has been accused of shoplifting, you do not have to go it alone. The contact form sends information by non-encrypted email, which is not secure. As in other states, shoplifting is a criminal offense in Michigan. First Degree Retail Fraud (felony): Jail time of up to 5 years and a potential fine of either $10,000 or three times the value of the stolen property, whichever is greater. Six (6) years is the general misdemeanor SOL. Under state law, shoplifting is retail fraud. However, if the amount stolen is worth $50.00 or less it may be charged as an infraction. . Contact us today for a confidential, no-obligation quote at . 1 to 5 years of probation. 356. Trying to intimidate the staff of the store to look somewhere else while robbing, Shuffling price tags of the items so that they have to pay less for that item, Returning stolen items to get store credit or cash, Collaborating with any staff so that inventory can be taken, Using kids to remove goods from the retail store and not paying, Conceals, misrepresents the price, removes, or alters the price of a product that is available for sale and the actual intention was to not pay for that item or not pay the actual price for which the item was being offered for sale when the shop was opened for the public, or. Shoplifting can be a misdemeanor or a felony depending on the value of the items stolen. We can help prove your innocence and, if it was just one mistake made, we will help ensure it does not follow you for the rest of your life. If the amount of the stolen property is over 1,000 USD, the person can be charged with first-degree shoplifting. Michigan's general larceny statute prohibits the stealing of certain types of property including: money, goods, bank notes, deeds, receipts, public records, and scrap metal. In Michigan, shoplifting is known as retail theft, and it is considered a very serious offense. As in other states, shoplifting is a criminal offense in Michigan. Former Michigan Prosecutor | Jonathan Andrew Paul, Cross-Examination - The Not Driving Defense, Operating Presence of Controlled Substance, Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County, and others throughout Washtenaw, Wayne, Monroe, Jackson, Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan. The Smith Law Offices 5885 N. Wayne Road Westland, MI 48185, Take Your Co-Parenting to New Levels This New Year, Consider This Before Asking for Divorce This Holiday Season, Gift-Giving as a Divorced Parent Does Not Have to Be Complicated, What Can and Cannot Be Included in Your Prenup, Removing items from a retail establishment without paying for them, Altering price tags or otherwise misrepresenting the price of items for sale, Attempting to return or exchange items not paid for. Contact us about your legal matter today! If the amount of the stolen property is over 1,000 USD, the person can be charged with first-degree shoplifting. This charge applies to cases in which the property in question exceeds $1,000, or if the accused has a prior conviction for retail fraud. Do I Need A Lawyer For Third-Degree Shoplifting Charges? Value of the shoplifted items must exceed $1,000 - unless convicted of shoplifting before Second Degree Retail Fraud Second degree retail fraud is a misdemeanor Up to a year in county jail Fine of $2,000, or an amount three times the value of the stolen goods Finally, shoplifting is a A Class G felony if the value of the merchandise exceeds $10,000, which carries up to ten years in prison. It was obvious he cared about me understanding every important detail within my case. 2nd Degree Retail Fraud (Misdemeanor): A person found guilty of a 1st offense second-degree retail fraud crime in Michigan faces criminal penalties that can include a one- year maximum jail term, plus either a fine of as much as $2000.00 or the higher amount of three times the total value of the stolen items obtained, whichever is greater. Sometimes we can argue that the prosecutor has not properly valued the goods. In Michigan, if the person is convicted of first-degree retail fraud, he/she has to face a minimum fine of 10,000 USD or thrice the stolen property's value and a maximum term of five years. No groups, no classrooms, no . But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. PL. If you've been charged with Michigan retail fraud, you need an experienced criminal defense attorney protecting your rights. Charged with Shoplifting, Retail Fraud, Larceny, or some other theft offense? For example, you might be shopping for a new phone charger because your current one no longer works. While the crime may not seem serious, the consequences are far-reaching. Frequently, new clients are concerned with whether or not a retail store, Walmart, Target, Macys, Home Depot, or the like, can simply drop their shoplifting charges without going to court. I still take an active interest in retail loss prevention and shoplifting, and I read up on the latest trends and news and keep in touch with colleagues in the business. An attorney for Derek Chauvin asked an appeals court Wednesday to throw out the former Minneapolis police officer's . To talk with our attorney about your legal concerns, contact the Van Den Heuvel Law Office by calling 616-698-0000. Persons charged with theft of goods or services valued at between $1,000 and $20,000 face criminal . theft and misdemeanor prevention classes. A second-degree retail fraud (shoplifting) charge must be supported by the theft of items (s) valued between two hundred dollars ($200.00 & $999.99). Since the purse was priced at $900, a conviction could land you in jail for up to one year, not to mention the steep fines that will far exceed whatever money you managed to save. Document: If you are faced with a DWI you will not find a more professional and skilled law firm. Shoplifting involves theft from a store, or actions such as switching price tags or packaging so that you pay less for an item. Shoplifting items of a value of less than $950.00 is petty theft. How Shoplifting Is Charged and Punished. Investigators said the man attempted to use a zip-tying device as he tried pulling the barista toward the drive-thru window. The theft of goods is punishable by a court in several ways, depending upon the propertys value. With intent to defraud the store owner, obtains or attempts to obtain money or other store property (in the form of a refund or exchange for other property) that was not paid for by the patron, but which belongs to that business establishment if that item or items are values at less than two-hundred dollars ($200.00). You did not intend to take the item from the store, so you have not committed shoplifting. The least serious retail fraud charges are 3rd degree offenses, and a third-degree charge is supported by proof of any value of an item (e.g., a pack of chewing gum), which is valued at less than two-hundred dollars ($200.00): 1st Degree Retail Fraud (Felony): Any first-degree retail fraud conviction (even for a first offender) exposes the accused party to a maximum of five (5) years in state prison. Our consultations are confidential and free. Section 767.24 of the Michigan Compiled Laws includes the statute of limitations for certain criminal offenses. This charge applies to cases in which the property in question exceeds $1,000, or if the accused has a prior conviction for retail fraud. (1) A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section: (a) Money, goods, or chattels. If you have three or more priors for petty theft, the next one can be a felony or a misdemeanor. Of course, if you did not take any property and the retailer mistakenly identified you, a defense lawyer will know how to prove the mistaken identity and help you beat the charges. We often assist individuals who are facing shoplifting charges, and we want to walk you through some of the most important steps to take after being arrested in Michigan. All Rights Reserved. A 30-year-old Mears man and a 32-year-old Hart woman were both arrested on charges of retail fraud following a traffic stop related to a "be on the lookout" for a suspect vehicle involved in a reported theft from Dunham's. During the investigation, approximately 5 grams of suspected meth were found, resulting in an additional charge of . Shoplifting In Michigan A diversion program will allow you to avoid a criminal conviction under the condition that you meet the requirements of the program. Finally, another person in the store might have hidden an item by placing it in another item. While white Drivers license suspension can significantly complicate your life. A person who is convicted can serve up to five years behind bars and/or a $10,000 fine or fines totaling three times the value of the property. What are my next steps? ). (These terms have special meanings under the Fair Credit Reporting Act, 15 USC 1681 et seq., ("FCRA"), which are incorporated herein by reference.) It is true that the penalties for shoplifting in Michigan are harsh, but there are also defenses to the charges. Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. These crimes all carry varying jail terms from 93 days to multiple years behind bars. An attorney for Derek Chauvin asked an appeals court Wednesday to throw out the former Minneapolis police officer's convictions in the murder of . Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter. Powered by BSP Legal Marketing. Call (248) 865-9640 for a free consultation or simply fill out our contact form. If you have been charged and a surveillance recording cannot identify you, there may be reasonable doubt that you committed the crime. This works best when you have been accused of stealing second-hand goods, which the prosecutor might claim are worth more than they really are. Most importantly, you should seek immediate assistance from an experienced defense attorney. First degree shoplifting (retail fraud) applies to theft of holding which is valued at i thousand dollars ($1000.00 or a higher amount). First-degree retail fraud is also the only type of retail fraud offense that is considered a felony. 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