Retail Fraud in Michigan (Sears)

My friend got arrested for shoplifting at Sears in Lincoln Park, Michigan. He took $555.69 worth of merchandise. He spent the night in the Lincoln Park police department jail and was charged with a misdemeanor.

Yesterday, Sears Holdings, Inc. sent him a letter asking him to pay a $200 fine. He sent the money order today. His pre-trial is on August 1.

My friend has NO past criminal history and hasn't been in trouble with the law. We talked to a lawyer and he says that my friend is likely not to go to jail. But I don't know and want other advice.

I read that Michigan law would treat this as a 2nd degree offense and he can face up to 1 year in jail, or $2,000, or 3 times amount of merchandise.

I'm really scared because I am unsure what his punishment will be. Is he likely to face jail time?

Thanks.

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Quoting crow

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Is he likely to face jail time?

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Yes he will get jail time.

Er... only if you count "time served", or if there is something unusual about his case. If his record is in fact clean, he'll probably get sentenced to probation, fines, and possibly community service.

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Quoting aaron

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Er... only if you count "time served", or if there is something unusual about his case. If his record is in fact clean, he'll probably get sentenced to probation, fines, and possibly community service.

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Sears, being a large employer and taxpayer in most every State, has a policy of throwing its weight around. In most instances, especially in cases where a thief has stolen more than $500.00, Sears will send a representative to discuss the matter with the assigned prosecutor. This discussion involves convincing the ADA to press for, not only a conviction, but also insists that the thief pull some jail time according to the Statute.

More often than not, Sears usually gets its way despite the past record of the thief. Sears' intent is to send a message.

I also meant to mention, too, that the "Proof is in the Pudding." You'll notice that most thieves steal from stores like Target, K-Mart, etc., and not Sears. Sears' message has, for the most part, been heard loud and clear.

But he didn't even leave the store. Sears recovered their property (undamaged) and he was subsequently arrested. Even the detective told him "he'd be surprised if he gets jail time".

To Clair, do you have specific cases where Sears threw its weight around?

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Quoting crow

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But he didn't even leave the store. Sears recovered their property (undamaged) and he was subsequently arrested. Even the detective told him "he'd be surprised if he gets jail time".

To Clair, do you have specific cases where Sears threw its weight around?

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I can only speak for what happens in California (where I live). But, it's an unwritten Sears policy, so I imagine that their policy is widely used all over the country. The incidence of Sears being the victim of thieves is quite low in comparison to other stores. Somehow, thieves know this, so I imagine word gets around. Unfortunately, your friend didn't get their policy message, first.

I can only speak to what happens in Michigan, which is where I practice.

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THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


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

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Let me ask then, when is it the case where someone is found guilty of 2nd degree retail fraud and only receives a fine?

Again, my friend has no past criminal record, did not resist arrest, did not leave the store, and the merchandise was returned in the same condition. (I forgot to mention he's 26 years old, not a minor).

Maybe Aaron is right. I'm sure Michigan is different than California in this regard. However, way back when, I used to be a secretary in a law office that practiced both Civil and Criminal law. When we had a client who was a "Sears thief", you could hear a collective sigh in the office because we almost knew what was going to happen to the client. Very few times would such a client get off with, what we called, a "slap on the wrist." Depending on the amount stolen from Sears, the sentence would include a week, a month, or a few months. But, it did, invariably, include jail time. It may be different in Michigan.

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Quoting crow

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Let me ask then, when is it the case where someone is found guilty of 2nd degree retail fraud and only receives a fine?

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The fact that a defendant could be sentenced only to a fine doesn't make it at all probable.

I think it's far fetched to think that Sears or any other organization can consistantly convince a variety of judges to hand down sentences based upon their wishes. I don't believe it!

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Quoting chuckycheese

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I think it's far fetched to think that Sears or any other organization can consistantly convince a variety of judges to hand down sentences based upon their wishes. I don't believe it!

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You're right. But nobody said that either. Sears would only send a rep to discuss the case and potential sentencing with the Prosecutor or ADA. Sometimes it worked, depending upon the gravity of the offense. The prosecutor would push for a certain sentence beyond just "community service" and a "fine." We never ran into that with any other store. Ultimately, of course, sentencing was up to the judge.

The other stores would just send their report and a tape, if one existed. But, Sears would actually make a personal appearance and have a discussion.

I use to live in the downriver area. I went to the Sears store a lot. I noticed before how the LP were arresting someone for stealing. When I was a LP across the street at (formerly Perry Drugs) Rite Aid a customer told me he got caught at Sears for stealing some tools. That is a place that is always alert for shoplifters.

Crow, I bet your friend will get no jail time. If your friend does, it will be little time. This is because Wayne County jail is always full. The felons are the ones who have to spend more time in county jail. The ones who commited a misdemeanor get out quicker than ordered.

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Quoting Clair Bonner

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You're right. But nobody said that either. Sears would only send a rep to discuss the case and potential sentencing with the Prosecutor or ADA. Sometimes it worked, depending upon the gravity of the offense. The prosecutor would push for a certain sentence beyond just "community service" and a "fine." We never ran into that with any other store. Ultimately, of course, sentencing was up to the judge.

The other stores would just send their report and a tape, if one existed. But, Sears would actually make a personal appearance and have a discussion.

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I feel certain that prosecutors and judges have a very good understanding of what shoplifting is without being tutored by Sears' representatives. I would also doubt that Sears has any less shoplifters than other retail stores. I've never seen any statistics comparing retail theft among retail stores; have you? I'm sure you believe everything you're saying but I think it's a myth.

It turned out the judge gave him 6 months probation and must take an Economic Crime Class for shoplifters. :confused: He's also banned from K-Mart and Sears for those 6 months.

No jail. :D

Crow,

So your friend received no conviction or record? Did he receive some sort of diversion program and then after successfully completing the probation will his charges be dropped? Please let me know. Thank you