Michigan Retail Fraud (2 counts)
I am planning on getting a court appointed lawyer but I am wondering what is the worst that can happen to me. I really do not want to be convicted and have a record. I'm 25 years old.
I worked for a major department store (so that means they have me on camera). I purchased items on sale that were not ringing up as the sale price, the sales person adjusted the price of my items. I returned the items the same day without the receipt and they came up the full price so I received back the amount of the items full amount instead of the sale amount that I paid. Once I got the store credit I put the $400 credit onto my store card.
The second incident is one that I'm not really sure of. I tried to receive my ticket from the court but they are closed until wednesday and I am going to the arraignment in the morning. I never received the original ticket to appear in court, I just received a 14 day notice to appear in court before a warrant is placed.
I have no record, not even a speeding ticket. I honestly didn't think the first incident was fraudulent and I repaid the amount of the merchandise to the store already.
What is the worst that can happen to me?
Will I be convicted?
What exactly will a court appointed lawyer be able to offer me?
Re: Michigan Retail Fraud (2 counts)
You may be able to work out a plea where one charge is dismissed upon your guilty plea to the other. As long as you have no prior record and keep your record otherwise clean, you should be ultimately eligible for expungement. It's possible that your lawyer can get an even better deal, or that the prosecutor will be unwilling to negotiate; but it's not uncommon to get a plea offer of "plead to one, we'll dismiss the other". I'm not sure what you are charged with - if it is retail fraud, or a much more serious felony offense such as embezzlement. If it is really two counts of misdemeanor retail fraud, you're already quite lucky.
Re: Michigan Retail Fraud (2 counts)
Thanks, the two notices I received say that both violations are retail fraud. Like I said I never received the initial notice to appear in court so I hope that doesn't count against me. I was never arrested, never even came into contact with an officer at the time that I was talked to by the store.
So could this be settled all at once tomorrow during the arraignment or will I most likely have to request a lawyer during the arraignment and appear again in court for my ruling?
Re: Michigan Retail Fraud (2 counts)
Odds are the only opportunity you would have at arraignment is the opportunity to enter a plea - and you should discuss you case with a lawyer before you enter any guilty plea.
Re: Michigan Retail Fraud (2 counts)
Aaron,
My pre-trial is set for august, I applied for a court appointed lawyer. I am a college student age 25, first offense. What are the chances that the prosecutor would agree to a diversion program (if available) or that I would NOT get a conviction on my record?
Re: Michigan Retail Fraud (2 counts)
I don't know what county you are in, let alone if diversion programs are available in your county. Check with the court or with a local criminal defense lawyer to see whether your county offers a diversion program for retail fraud.