Michigan Retail Fraud, Second Offense

I was caught shoplifting back in September 05. It was retail fraud in the second degree. I plead guilty and did not hire a lawyer because I figured I deserved whatever the consequences are. I was sentenced in November and was put on a first offenders program because I had no previous record.
A few months ago I was in Neiman Marcus, I walked in Neimans with 2 pair of jeans in my shopping bag. I brought them in because I wanted to compare the colors. I took 5 pair of Neimans jeans in the fittin room and tried them on. I compared mine to theres and on accident I swapped a pair of theres for mine. Mine cost $270 and the ones I accidentally took were like $170. It was a true accident, I had brain surgery in February and this happened in April. I have hired an attourney. But my question is, should I go with a jury trial or a judge trial? And do you think I will do jail time if I am found guilty?
Also I violated my probation, so do you think I will go to jail for that as well?

The best I can tell you is 50/50. Some like judges better. Some like juries better. Go with whatever makes you and your attorney more comfortable. If you plead guilty the penalty will be lessened than if you are found guilty. If you plead guilty, you may not get jail time, maybe house arrest, longer probation and community service. If this was all a mistake, I would plead not guilty. Either way you may not get much jail time because of the overcrowding in Michigan.

You should show your assets to a store employee when entering the store if similiar items are sold.

The judge or jury would likely wonder:

• How you confused the jeans you own (no tags, no security devices) with jeans that still had numerous store and manufacturer tags, and possibly also a security device;
• How old the jeans were that you accidentally switched for the new pair

If you testify to explain what happened, assuming you have already gone through a probation violation proceeding and are convicted for the first shoplifting incident, the prosecutor will probably be able to use that incident to impeach your honesty in your testimony. (Shoplifting is theft, and thus is considered to relate to your honesty.) That would likely make it harder for the jury to accept this as an accident, even if they were instructed to consider the prior conviction only in relation to your honesty. They'll also probably wonder why somebody who can afford $270 jeans was shoplifting late last year.

The jeans I had in my bad were brand new with tags and never worn. Me and my sister bought them when we were in Miami. They didn't have sensors on them.

Well great - then you will have sales receipts and credit card slips to demonstrate where and when you bought the jeans, right?

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Quoting Mr. Knowitall

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Well great - then you will have sales receipts and credit card slips to demonstrate where and when you bought the jeans, right?

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We threw away the bags when we were in Miami and they were paid with cash.

Of course you did.

But you're still in luck because the store where you bought the jeans will have a record of the sale - which you can probably get if you ask nicely by giving them the date and approximate time of the purchase.

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Quoting Mr. Knowitall

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Of course you did.

But you're still in luck because the store where you bought the jeans will have a record of the sale - which you can probably get if you ask nicely by giving them the date and approximate time of the purchase.

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No need for sarcasm. If I was guilty of it, I would admit it since I don't know any of you and you don't know me. I wouldn't know which store in Florida it was because there are hundreds of stores in that area that sell those jeans.

You may not like my impression, but what sort of impression do you expect to give? Your story gets more difficult to believe with each new detail you provide.

Now it is that there are hundreds of stores in Miami which sell $270 blue jeans, so how could you remember where it was that you were shopping. Are you seriously expecting us to believe you bought $270 blue jeans at so many stores in Miami that you can't keep track? Wait - are you Paris Hilton, and were out shopping with little sister Nicky? (That was sarcasm.)

Try this one on for size (pun intended). The jeans you stole in Miami didn't fit so once you got back home you tried to switch them for a different pair. If you can't be more convincing in court, I'll assume that's what the prosecutor will argue, and if the jury's anything like me that's what they'll probably conclude.

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Quoting Mr. Knowitall

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You may not like my impression, but what sort of impression do you expect to give? Your story gets more difficult to believe with each new detail you provide.

Now it is that there are hundreds of stores in Miami which sell $270 blue jeans, so how could you remember where it was that you were shopping. Are you seriously expecting us to believe you bought $270 blue jeans at so many stores in Miami that you can't keep track? Wait - are you Paris Hilton, and were out shopping with little sister Nicky? (That was sarcasm.)

Try this one on for size (pun intended). The jeans you stole in Miami didn't fit so once you got back home you tried to switch them for a different pair. If you can't be more convincing in court, I'll assume that's what the prosecutor will argue, and if the jury's anything like me that's what they'll probably conclude.

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No, I am not blessed to be a Hilton but I am not underprivileged either.
I don't know why my situation is difficult to understand. If I was guilty I would have said so, plain and simple. I read the report from the LP of the store and there story is contradicting. They say I walked in with 6 pair of there jeans when it was 5. They said I admitted to stealing the jeans, when I didn't.