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  1. #1
    Join Date
    Jul 2005
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    Michigan
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    1

    Default Retail Fraud, 2nd Degree- Michigan

    I am being charged wioth retail fraud in the second degree. I have no record and they have pictures that i did it what is the worst that could happento me in Holland Michigan courts? The item that i stole was worth 250.00.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Retail Fraud - Second Degree - Michigan

    The Michigan retail fraud 2nd statute provides:
    Quote Quoting 750.356d Retail fraud in second degree.
    Sec. 356d.

    (1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the second degree, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

    (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 $200.00 or more but less than $1,000.00.

    (b) While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.

    (c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.

    (2) A person who violates subsection (4) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section, section 218, 356, 356c, or 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c, or 360 is guilty of retail fraud in the second degree.

    (3) A person who commits retail fraud in the second degree shall not be prosecuted under section 360.

    (4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

    (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.

    (b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.

    (c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

    (5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.

    (6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

    (7) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

    (a) A copy of the judgment of conviction.

    (b) A transcript of a prior trial, plea-taking, or sentencing.

    (c) Information contained in a presentence report.

    (d) The defendant's statement.

  3. #3
    Join Date
    Nov 2005
    Posts
    10

    Default i have a question

    I also got caught in Michigan for stealing items totalling $108... is this saying that they can only charge me for 3x the amount of that? $324?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default

    No, as the $2,000 fine is greater. (Plus you can be assessed court costs, a victim's rights fee, possibly fees associated with a work program, etc.)

  5. #5
    Join Date
    Nov 2005
    Posts
    10

    Default i have another question....

    my friend got caught stealing a few weeks ago and was in a similiar situation as I was... we're the same age and everything and they sent her a paper saying she couldn't be charged for more than $300 dollars even if 10x the amount exceeded that... do you know why that is? we're both 17.

  6. #6
    Join Date
    Nov 2005
    Posts
    10

    Default ..........

    4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:


    (b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.


    ....... okay, doesn't that say up there that if you steal something for less than $200 you can't be charged for more than $500?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,775

    Default What are you charged with?

    You need to figure out what your charge is, then ask your question.

    You also need to understand that there is a difference between the fine a court imposes, and the civil demand a store can make to shoplifters.

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