Retail Fraud 3rd Degree First Offense
My question involves criminal law for the state of: Michigan
i recently was caught committing retail fraud 3rd degree in a Michigan Mall. I have no good excuse to why i did it, especially because the item i took was only around 4 dollars and i also bought other items at that store at the same time. This is my first offense ever on my record. i am 25 and also pregnant (which is causing me grief of being a horrible mother over 4 dollars). I didnt even get out of the store before the clerk approached me and i fully cooperated because i felt so horrible, gave back the undamaged merchandised and even had a conversation with the clerk while the cops were called. I was appointed a court attorney who they said was really good. Because of my clean record i know i probably wont get the max sentence and will have court fines and fees to pay, but i was just wondering is the items cost taken into effect? i could see how some courts would order you to pay heavier fines if you stole an item that was 100 dollars rather than something costing 4. Its wrong either way and was a stupid split second choice i made that was not worth it. My attorney already talked to me about maybe getting the deffered judgement. With such a clean record and the item not costing a lot of money i was just wondering if usually the "standard" practice for this charge is a years probation, 6 months, classes or what not. I have read lots of posting on this, but everyone I've read the people seemed to have items that cost close to 100 dollars, does it really make a difference to a judge?
I also want to add i was arrested and was fingerprinted and had to already pay a bond of 500 dollars to get out of jail (which was only about an hour and a half total time), over a 4 dollar item. I have worked in retail before, and i understand how important it is for clerks to watch merchandise and that stealing is them loosing money. But i still wonder if being arrested and held on bond would be normally concidered "overkill" for a clean record and the item being such low cost? Again stealing is stealing but i just want to know if i should talk to my court appointed attorney about it.
Re: Retail Fraud 3rd Degree First Offense
As the stickied thread indicates, first offense shoplifting for somebody with a clean record usually results in probation. Fines, community service, etc., are also likely.
When you choose to commit a crime you assume the risk that you will be arrested and charged, and that you will have to post bail (although release on your own recognizance would not be unusual for an offense of this type).
Re: Retail Fraud 3rd Degree First Offense
500 bail might be considered high b.c it's a misdemeanor and you have a clean record. Someone else might of been sitting in jail overnight until there court case. Stealing a 4 dollar item and a 105 dollar item can both be the same charge in certain states . A da or judge might take in to account the value of the item once the case is bought to court. Be glad that Mi might have a diversion program available,some place are very strict even for a low value items.