Court-Appointed Lawyer Denied, Now What

[revswife]

My question involves criminal law for the state of: Michigan.

My husband is being charged with 3rd degree retail fraud. As he hasn't had any criminal charges in almost 10 years, there's no jail time and therefore no court-appointed attorney. Problem is, we can't afford one and he is honestly innocent. He used a knife a menards to open a package and check out a tool he wanted. After opening it he put knife in pocket. He didn't have enough money for the tool he was looking at so he started to go to car for money. As he was walking to front of building he remembered the knife. He hadn't passed the checkout or anything. As he turned around and took the knife, well leatherman technically, out of his pocket security stopped him. Now he has to prove he never had the intent to steal it. He already did jury selection on his own. He needs to know if there's any way to get a lawyer for cheap or free around Grand Rapids, MI? If not, how do we go about with Discovery on our own? And any other tips to help us. Did I mention he's half mexican and I think that was the main reason the security guard was following him, as he used a derogatory remark about "spics"?

Any advice, assistance and help is VERY welcomed and appreciated!!! He goes to court April 20.

[Mr. Knowitall]

If you don't qualify for a court-appointed lawyer, your options are to retain one with your own funds or to represent yourself.

Odds are the security guard was following him because he was opening an unpurchased item of merchandise and was seen putting another unpurchased item into his pocket.

Criminal discovery is defined by court rule. See MCR 6.201, here.

[free9man]

Unless Menards is completely different than every other retailer I've been in, he's in a bit of trouble. If it was in fact a Leatherman, or other major brand of multi-tool, these are kept in hard packaging due to high theft. Heck, some places keep them on locking peghooks it's so bad. In order to get it to use it, he would have had to defeat the packaging on it as well. Methinks hubby may not be giving you the whole story.

[Security Consultant]

You said, "he is honestly innocent. He used a knife a menards to open a package and check out a tool he wanted. After opening it he put knife in pocket." There is a "concealment law in Michigan and, from what you wrote, he is guilty. If he is defending himself, surely he has already read the law pertaining to his case -

Sec. 356d(4)(a) - While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.

[revswife]

Thank you. Trying to understand the procedure, very confusing.

Methinks you are incorrect, as I was there. It was a 14.99 leatherman, no type of security on it at all not packaging other than sticker with price and name. Actually, I have never seen anything with security on it at Menards.

No he surely hasn't read that. His main goal has been trying to find representation. He doesn't WANT to represent himself. The PA has been trying to argue that the reason he's guilty is his intent was to steal, which is incorrect. Also, during pretrial conference the PA mentioned 2 previous shoplifting charges, which were from age 13 and 14, respectively. How is he able to bring this up? Shouldn't that be off his record? He cannot mention this at trial can he? As he was a minor and it was 22 years ago? Can he use any of his criminal history? As I said he hasn't had any problems of any kind in 10 years but between 18 and 25 he was in trouble near constantly, none of which charges were for theft of any shape or kind though. All drinking, driving on a suspended, etc. Sorry to load so many questions, we are just struggling to work our way through this. We have called multiple lawyers and they all want a min of $1000 down. Is there any CDA's that work with people of low-income? How do you find one? Even with no jail, we can't afford the fine and we frequent other states for our work, so probation would destroy our only income.

[free9man]

Fair enough. Where I'm from if it's a multi-tool, they lock it up like it's a national treasure. Using a knife to defeat a sealed package does not look good from an intent standpoint. It does not, by itself, give the prosecution a lock on intent but is strong circumstantial evidence. Under certain circumstances, yes your husband's prior record can be brought up.

[Mr. Knowitall]

His main goal has been trying to find representation. He doesn't WANT to represent himself.

We appreciate that, but if he doesn't qualify for court-appointed counsel he needs to either find a way to retain a lawyer or be prepared to represent himself. Legal practice is a business, and if you've found a lawyer who will take this case to trial for only $1,000 that's pretty darn cheap.

The PA has been trying to argue that the reason he's guilty is his intent was to steal, which is incorrect.

Intent can be inferred from conduct. Hiding merchandise in your pocket and walking toward the exit is evidence of intent, even if you realize your mistake (coincidentally) at the same moment a LP is approaching you about the apparent theft.

Also, during pretrial conference the PA mentioned 2 previous shoplifting charges, which were from age 13 and 14, respectively. How is he able to bring this up?

Apparently your husband (a) chose not to petition to seal his juvenile record, (b) committed an adult felony such that he became ineligible to seal his record, or (c) is being charged in a jurisdiction in which the prosecutor has adult criminal records from his early adulthood and those records include reference to his juvenile criminal history.

[revswife]

It was 100 down, not total, sorry misstated. Also, he was already walking back towards the department to return it when LP approached.

On to a different question, how do I request discovery? Call, writing, how do I word it, where to submit? The article you gave was helpful but didn't address that aspect.

[Security Consultant]

Look, I'm not an attorney, but I have been involved in many hundreds of shoplifting cases, about 20% or less go to trial. You can take this to trial, but your husband's chances are very slim to none. The two main points you pointed out were 1) he removed it form it's packaging and 2) he put it in his pocket. Jurors will see that the elements of intent have been proven by his actions. But then you never know ho a jury is going to react.

I remember two such cases where the state had a concealment law and in both cases the shoplifter entered the store, picked up a small object, placed it in their pocket and headed for the exit. In both cases the shoplifters were apprehended while still in the store. In both cases the juries found the shoplifters not guilty.

But, I don't see this working in your husband's case as he removed the items from its packaging and put it in his pocket. This really works against him. But, like I said you never know about juries.