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  1. #1

    Default Retail Fraud at U-Scan

    My question involves criminal law for the state of: Michigan

    Here is the letter I will be reading to the judge tomorrow. I am being charged with criminal theft in the 3rd degree 1st offense. Do you think I will go to Jail? i am worried sick and chose not to get an attorney. I am planning on pleading guilty but explaining the situation. I am hoping to get my atleast some of my $500 bond back am i dreaming?

    On May 27th, 2011 at approximently 4:30 pm my kids and I went to Meijer grocery store to get groceries. While shopping I start to feel incredibly nauseated and began shopping in a hurry. My kids and I then proceeded to checkout we chose U scan because it was right next to the exit door and I assumed I would be much quicker at scanning/bagging the items than a cashier. I am 22 weeks pregnant and have had preterm labor before and was currentlly taking a strong medication for an infection. As my son and I began scanning then placing the items on the scanner I began feeling pressure/cramping but knew if we had just hurried up I could get home. During this time my 3 year old is becoming very impatient in the cart trying to climb out so after we are done scanning all of our items I pay, we bag them, and then proceed to leave the store. This is where lost prevention approached me and had asked me to follow them but I wasn't not concerned at the time afterall in my mind I had done nothing wrong. They then proceeded to tell me after going through my receipt that I had had over $100 in items that were not scanned I then told them that i am new to using U scan that I wasn't feel well and we were in a hurry and this was just a mistake but i would be more than happy to pay for these other items. They said that is not possible and called the police. I was not concerned until the police put me in handcuffs when I knew I was not a criminal and did nothing wrong however I knew the police had a job to do wether i was guilty or not. Your honor I have absolutely no help with family so I knew wether I wasn't feeling good I had to get this shopping trip done. I feel as though that this entire ordeal was all a misundertanding each and every item that i had in my cart I placed over the scanner to be scanned. I truly beleive that we mold our children into being productive members of society and our children learn from there elders. I would never,ever commit a crime with or without my children with me. I am assuming that you will be able to look at any video evedience the store has to see that my intentions were to scan,pay, and leave. Every single item than I put over the scanner was then placed on the belt to be bagged I did not hide any items. Your honor I beleive this case should be dismissed because I am not criminal and it was not my intention to commit any criminal act. I volunteer at my childrens school and am active in my church I would never,ever commit a crime intentionally.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,959

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    I think that just about every person who is arrested for shoplifting uses some version of this "defense" and they will have no reason to believe that you are any different from the rest.

  3. #3

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    I was truly in a huge hurry scared I was going into preterm labor but needed to pay for these groceries that I have been shopping for. I have a clean record with not even a traffic ticket. I am going to court tomorrow even though my court date is not till August because i expect to be put on bedrest by friday after my dr appointment. The videos will show that my intent was to scan,pay for all my items. I am planning on pleading guilty because I just want this over with but I don't want any jail time I am looking for a diversion. Wondering what anyone else thinks may happen to me. I am scared beyond belief as I am not a criminal! Do you think the letter I ahve written is ok? Ever since this has happened I get anxiety/apnic attacks daily! I am worried sick and can barely eat. I will take any advice. I am a stay at home mom and will continue to be so having this on my record is ok as long as I have no more fines. But will I really possibly go to jail?> I mean I can do community service but not until the beginning of October after I have the baby.

    am i giving too many excuses? Help Should I just use the main reason which is thinking I may be in preterm labor?

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,251

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    You would have done better to just leave the cart. As valid as your reasons may be, cbg is right. There is no way to determine the validity of your claims vs. someone who uses it to get out of stealing.

  5. #5
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    Quote Quoting Angelaannette1982
    View Post
    The videos will show that my intent was to scan,pay for all my items.
    If there are videos of the incident, you need to get copies to provide a defense. You need an attorney. Did you ask for one? Do NOT plead guilty if you are innocent.

    Why are you going to court tomorrow if your court date is not until August? You need to ask the judge for a court appointed attorney if you cannot afford one. You do not understand the law. You cannot represent yourself if you do not understand the law.

    You said you are a stay at home mom. Do you have a husband or a boyfriend? The only reason I am asking is because I think you need some emotional support here as well as legal advice. If you don't have a husband or boyfriend, what about another family member like mother, sister, father, brother, etc. or close friend who can help you to think clearly now.

  6. #6
    Join Date
    Dec 2010
    Location
    Toledo Ohio
    Posts
    166

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    You are asking if you are going to jail?

    As a first offense I doubt it. But if you make excuses that doesn't make sense to the judge, you could get a much bigger fine and punishment.

    And you are giving quite an assortment of excuses. Did you tell this assortment to the LP ?

    Don't forget, even Al Capone went to church.

  7. #7

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    I have to go to court tomorrow because I have a dr app on Thursday and will be put on bedrest due to compications with my pregnancy. If I left the cart that is saying in front of them that I am guilty and knew what I was doing and at that moment i did not. I seriously had no clue that these items were not scanned! See the way U scan works is if an item is not scanned it will not go down the belt and it did go down the belt every single item did. My only focus was getting done with my purchase and getting out of that store. I cannot ask for a court appointed attorney because then I will be set for trial and I cannot make another court date and cannot afford the cost for an attorney I just want this over and done with. I am pleading guilty because yes I stole however stealing was not my intent. How could the judge know if it was my intent or not without seeing any videos or speaking with any witnesses? I mean I never tried to conceal any items every single item was placed over tha scanner and on the belt. I am planning on pleading guilty but will be giving this explanation and will leave some parts out like how I attend church because after re-reading it your right what does it matter that i attend church.Anyone want to guess what will happen to me? In the sate of Michigan any theft under the $200 range is a 3rd degree misdameanor as long as its your first offense and is punishable up to a $500 fine so hwo can I get more fees?

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,569

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    Honey,
    You need to plead NOT GUILTY and ask for a public defender.

  9. #9

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    I cannot plead not guilty I am guilty the receipt proves this but it was not my intent. This is causing me so much heartache,anxiety,depression It can't be healthy for this life growing inside me. I just need it over with tomorrow. even if that mean lots of community service. Scratch the letter i wrote I will not be reading that and your right any criminal can use an excuse how does he know I am any different. I am going to go in there and say guilty I am going to tell him I was in a hurry and was having pain and was scared i would go into preterm labor any moment which was giving me anxiety and causing me to be anxious. I am not a criminal and have already written a letter apologizing and explaining to meijer what had happened. I called the civil division where I have to pay the $200 and told them all of this and they said they will be getting back with me as soon as they review the case. what is the point of hiring a lawyer if my punishment is the max a $500 fine and this is my 1st offense? Sounds like a lawyer would cost more.I wish I could just plead/beg the judge but I am sure he hears it everyday.Should I show the lawyer the copy of the letter I had written to meijer or no? I heard in michigan for 1st time offenders they are not as hard on you we shall see right?

  10. #10
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Desperate for Help Court in the Morning-Retail Fraud at U Scan

    Quote Quoting Angelaannette1982
    View Post
    I cannot ask for a court appointed attorney because then I will be set for trial and I cannot make another court date and cannot afford the cost for an attorney I just want this over and done with.
    The trial can be moved until after you deliver due to medical complications if you ask.

    Quote Quoting Angelaannette1982
    View Post
    I seriously had no clue that these items were not scanned! See the way U scan works is if an item is not scanned it will not go down the belt and it did go down the belt every single item did. My only focus was getting done with my purchase and getting out of that store. I cannot ask for a court appointed attorney because then I will be set for trial and I cannot make another court date and cannot afford the cost for an attorney I just want this over and done with. I am pleading guilty because yes I stole however stealing was not my intent.
    You can't accidentally steal. Intent is required. It is one of the elements of the crime.

    If this is an accident, and there are video tapes and other evidence that exonerates you, you are entitled to that evidence. You need an attorney because you do not understand the law.

    You are being so ridiculous here, I am starting to think this is a joke. If this is real, tell the judge you do not understand the law and cannot represent yourself and need an attorney. If you cannot afford one, then one will be appointed for you.

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