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Retail Fraud, Third Degree - What Happens in Court

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  • 08-28-2011, 02:36 PM
    Meowmix
    Retail Fraud, Third Degree - What Happens in Court
    My question involves criminal law for the state of: Michigan

    I was caught shoplifting today at Meijer. I admit that I did it, and am truly sorry for what occurred. I have no criminal record, and have never done this before. I was taken to the Police station, fingerprinted and then released with my ticket with my court date. I guess I am wondering what happens next, other than appearing in court and pleading guilty. In reading the back of the ticket it says all non traffic offenses require a mandatory court appearance, but then there is a box for pleading guilty by mail and paying my fine (which I assume I cannot do), but it says "You may also appear in court to plead guilty on or before that date" Does this mean that I can go in before my set court date and plead guilty? I would like to do that if possible, and just put this whole thing behind me.

    If anyone can give me any advice I would appreciate it. I am so ashamed and embarressed, and not because I was caught, but because this is a horrible example for my child and I want to NOT be that kind of person.

    Thanks.

    Oh and one more thing I wanted to know, if anyone can help me, the police officer who arrested me told me that there is something called a 701B which will expunge this from my record if I go 1 yearwith a clean record. Is this true? Do I ask the court about this when I go?
  • 08-28-2011, 06:46 PM
    PandorasBox
    Re: Retail Fraud, Third Degree - What Happens in Court
    You want a Criminal Defense Lawyer.

    If you cannot afford one....then you go in, plead NOT GUILTY, and ask for a public defender.

    Whether you have a lawyer or a PD, that is the person you ask about getting a First Time Offenders program, Diversion Program, etc.
  • 08-28-2011, 07:02 PM
    LawResearcherMissy
    Re: Retail Fraud, Third Degree - What Happens in Court
    ...and before you start freaking about about being told to plead Not Guilty, even though you admit that you're Guilty, you're not going to get into more trouble for doing so.

    Pleading Guilty forces imposition of sentence, and means that you WILL have a criminal record, period. Pleading Not Guilty is the same thing as saying "PROVE I did it", and leaves the door open for diversion, plea bargains, and even no criminal record once you fulfill the terms of your agreement.
  • 08-29-2011, 04:29 PM
    Meowmix
    Re: Retail Fraud, Third Degree - What Happens in Court
    Thank you for the responses, I went to an attorney today and he is pretty confident that he can get me the diversion program.

    I wanted to ask about Civil Demands. If I didn't sign anything at Meijer will I still get a civil demand letter? Do they always send out civil demand letters, or since I was arrested are they going to just let me go through the court system and pay whatever fines they assume that I'm going to have to pay when I'm sentenced. I knew I would have to pay fines the court orders, but will it include the civil demand?
  • 08-29-2011, 05:48 PM
    PandorasBox
    Re: Retail Fraud, Third Degree - What Happens in Court
    99.99999999% of shoplifting cases include a Civil Demand.

    $200 is a good expectation.
  • 08-30-2011, 02:45 PM
    Meowmix
    Re: Retail Fraud, Third Degree - What Happens in Court
    So does that mean I should expect to see a Civil Demand letter from Meijer, separate from the court fines etc.? How long does it take for them to send one approximately?

    And also, my attorney told me today he is still trying to get my case number (hopefully tomorrow) and get me arraigned. He said to make sure to bring $100 BOND with me when we go to court? Is that like bail? What is the difference between the two?
  • 08-30-2011, 03:59 PM
    Meowmix
    Re: Retail Fraud, Third Degree - What Happens in Court
    One more question. I was under the impression that the police have 72 hours to file a report after an arrest. That will be tomorrow. What happens if there is no police report/case number tomorrow?
  • 08-30-2011, 05:33 PM
    PandorasBox
    Re: Retail Fraud, Third Degree - What Happens in Court
    Yes, you can expect a Civil Demand letter. That is separate from the criminal case.

    Bond is the amount set by the court that will enable a defendant to remain free while the case is being heard. Bail is the amount of money that the defendant must post in order to stay out of jail for the duration of the trial. In some states, defendants don't have to pay the full amount of the bond. Illinois, for example, has a 10 percent rule. The defendant only has to pay 10 percent of the total bond set. That is the bail amount. In states where there is no 10 percent rule, the bail and bond amounts are the same.

    Read more: What Is a Court Bond? | eHow.com http://www.ehow.com/about_5093041_co...#ixzz1WYuarFLm
  • 08-30-2011, 06:19 PM
    Meowmix
    Re: Retail Fraud, Third Degree - What Happens in Court
    Ok thank you for that clarification.

    I guess I am confused though as to why I need to post bond at my arraignment hearing, as I have the impression from my lawyer he will be speaking with the prosecutor before the arraignment and have all the details worked out for my plea. I had to bring over an apology letter, a couple character letters, my marriage license copy, my child's birth certificate copy and then my lawyer wanted me to write out the details of what happened which he said only he would have. I did that today. I am under the impression that when I go for my arraignment all the details will be worked out and then I would be sentenced right there. Wouldn't bond be needed if I was needing to appear in court again to ensure that I did so? Or am I mistaken thinking that I can be arraigned and then sentenced all in the same day?
  • 08-30-2011, 07:11 PM
    PandorasBox
    Re: Retail Fraud, Third Degree - What Happens in Court
    You can be arraigned and sentenced in the same day. You'll need to ask your lawyer about why they require bond.
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