Caught Stealing - First Offense, Retail Fraud

My question involves criminal law for the state of: Michigan

Hi, Im 17 years old. And I'm from Zeeland Mi. I got caught at JcPenny stealing a neckless with earings that was on sale for 15 dollars. But the original price on it was 45.00 dollars. It's my first offense.. I drove all the way to the Granville mall. So they took me to this little room.. Made me sign some papers and made a copy of my drivers licsense. They said I had to go to court. I gave it back and everything. Everything was in good shape. But i pealed the bar code off. They charged me of an adult. I'm really freaking out because I don't know what they'll make me do.. Can somebody please help me.. :( I'm scared out of my mind...

You need a lawyer. If you are indigent, you can ask for a public defender. If they ask for a plea before you can get counsel, plead not guilty.

Retail theft in the third degree can result in up to 93 days in jail or $500. Also expect to get a letter from JCPenny's "lawyers" demanding a civil restitution.

Michigan courts are all over the place on diversion, so you really need local counsel.

You need a Criminal Defense Attorney.

You drove all the way to the Grandville Mall? I'm impressed. That's not a very long drive from Zeeland.

Everything was in great shape except you pealed off the bar code - which means you damaged the product. Yes, the barcode is considered part of the product. Even if they could replace the tag, a good shopper will note the difference on the tags. And since they were earrings, the fact you stole them can make them unsaleable.

Expect $250 Civil Demand in the mail. You may face criminal charges, too, if you have not already been advised of that.

This started on Wednesday January 4. The ladie said I might or might not get a letter in the mail if JC wanted to sue me or not. She said it might take up to 4 to 8 weeks for the letter to come in... So I dont know what to do... My court is in 2 days...

But I didn't take the earrings out or anything.mit was still in the little box.

A Civil Demand letter is a separate issue from court. At the court hearing request a public defender (indigent defense) or bring your own lawyer and let them speak for you. Have you told your parents yet?

No I haven't... I'm really scared too... Like I already got caught with possession & my dad called the cops on me for that... I really don't know what to do.... :(

Should i plead guilty or not guilty?

Should i plead guilty or not guilty?

Plead not guilty unless you have a lawyer tell you what would happen if you do otherwise and you understand the implications.

Ah, so you have a criminal record already. Your chances of diversion get harder and harder knowing you're already a criminal.
It matters little that they recovered the merchandise. You admitted to destroying part of the packaging, but even if it was intact you've still caused them damages by your nefarious behavior. They will demand restitution. They are within their rights to SUE you if you don't pay.

Is there any chances I could get away with this? Like a warning... ?

The courts are already involved in your business. Tell your folks now and go find an attorney on your own. It is well past time to lawyer up.

A warning? Not a chance in hell. Your most hopeful chance would be a diversion, where you take some classes, perform community service, avoid drinking and doing drugs (you may well be tested) and other illegal things, and then they might dismiss the charges. Of course, if you screw it up, they'll throw the book at you. Most likely given the fact that many Michigan judges are getting harder on little miscreants, is that you'll get convicted and a probation (again you'll be expected to not break any further laws and probably be drug tested periodically), and you will have a criminal record. Oh and you'll be expected to repay the state for the costs of your prosecution/rehabilitation.

Of course, regardless of what happens on the criminal side of things, you will get the civil demand.