My question involves criminal law for the state of: Michigan
I was caught shoplifting at a grocery store. Actually, I wasn't shoplifting. I was in a hurry and stupidly put my things in my purse. I was getting ready to check out before I noticed. When I did relieize what I had done, a lady came to me and told me she needed to talk to me about what I had taken. I had intended on paying for the items, but since I put them in my purse that means I was shoplifting, right? I had not left the store or even passed the cashiers. I didn't tell the lady or the cop that I was intending to pay for the items because I didn't think they would believe me. I mean, every shoplifter must say that. I signed a civel things saying I would pay 75$ dollars to the store. There was a sherif there who took down my information but I wasn't arrested, or had my picture taken. I thought it was done and over with until I got a message saying I needed to met with a prosecuting aterney. What does that mean? Does anyone know what will happen to me? I'm 19, and I took put six dollars worth of food on my purse.
Placed Unpurchased Items in Purse, Accused of Shoplifting
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09-14-2012, 10:55 PMwright.mvPlaced Unpurchased Items in Purse, Accused of Shoplifting
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09-15-2012, 12:05 AMVincentlyjdRe: 19 Year Old Caught Shoplifting 6 Dollars Worth of FoodIt doesn't necessarily mean that you are shoplifting. To detain you, there must be a reasonable cause to believe a theft is taking place. It is vary among jurisdictions, and sometimes the standard is taking a product past the point of sale.Quote:
Quoting wright.mv
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09-15-2012, 06:02 AMflyingronRe: 19 Year Old Caught Shoplifting 6 Dollars Worth of Food
Michigan's theft statute includes concealing merchandise with the intent not to pay for it. You *might* have a chance if you didn't pass by an opportunity to pay for it.
You are well advised to have a lawyer before you meet with the police or prosecutor. -
09-15-2012, 08:12 AMMr. KnowitallRe: Placed Unpurchased Items in Purse, Accused of ShopliftingWhat "things"? How does it save time to put items in your purse, as opposed to a basket or cart?Quote:
Quoting wright.mv
Before you noticed that the items were in your purse? So... you had other items you were buying at this time? You had completed your purchase except for the items in your purse? Explain this better.Quote:
Quoting wright.mv
You need to explain that better, as well.Quote:
Quoting wright.mv
Again, you need to do a better job explaining what happened.Quote:
Quoting wright.mv
They surely asked what you were doing. Beyond not making any claim that you were innocent, did you make statements indicating that you were guilty?Quote:
Quoting wright.mv
Did that document include a confession to shoplifting?Quote:
Quoting wright.mv
I have no access to the message. Tell us exactly what you mean by "message", and exactly what the message said.Quote:
Quoting wright.mv
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09-15-2012, 08:19 AMPandorasBoxRe: Placed Unpurchased Items in Purse, Accused of Shoplifting
In Michigan, the fact that you put the items in your purse is concealing merchandise. And is enough for the store to show you had the intent to steal the items.
You had a lot of options - a shopping cart, a basket.....that every store has readily available.
The Civil Demand...the minimum in Michigan is $200. -
09-15-2012, 08:49 AMitsjustmeRe: Placed Unpurchased Items in Purse, Accused of ShopliftingWRONG! I been through this. You have to conceal the item and pass by a cash register to prove intent. My young days if I sniffed a under cover store guard on my trail I would ditch the item before i got to the cash registerQuote:
Quoting PandorasBox
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09-15-2012, 11:13 AMwright.mvRe: Placed Unpurchased Items in Purse, Accused of Shoplifting
I was in line to pay for the idems in my hand and in my purse. I didn't even notice I shoved them in there. Will I be charged with theft? WIll I be on probabtion? I was in line to check out, I had not passes the check out counter. The police man told me to write down I had put the idems in my purse and I signed it. I quess that would be a confession.
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Also, the message was just for me to call and make an appointment to meet with the prosector. -
09-15-2012, 11:32 AMcbgRe: Placed Unpurchased Items in Purse, Accused of Shoplifting
If you didn't even notice that you had them in your purse, what was your plan to pay for them? Where did you think they were if they weren't in your hand?
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09-15-2012, 11:34 AMMr. KnowitallRe: Placed Unpurchased Items in Purse, Accused of ShopliftingSo... you gave the cashier your items, she rang them up, she asked, "That's all today", you answered "yes" and tried to pay, then the LP stepped in?Quote:
Quoting wright.mv
Maybe.Quote:
Quoting wright.mv
Maybe.Quote:
Quoting wright.mv
Guessing doesn't help us. You also said you signed something agreeing to pay a civil penalty - that wasn't something the police had you sign.Quote:
Quoting wright.mv
Consult a local lawyer.Quote:
Quoting wright.mv
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09-15-2012, 12:13 PMjkRe: Placed Unpurchased Items in Purse, Accused of ShopliftingWRONG!!!!Quote:
Quoting itsjustme
while the store you were working for might have placed that requirement on you, the current Michigan law doesn't.
I'll only post part of it. It is a lengthy statute:
Quote:
(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200.00 or more but less than $1,000.00.
(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.
(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.
pandy, Mi civil penalty starts at $50. It peaks at $200.Quote:
(4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 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:
(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.
(b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.
Quote:
Sec. 2953.
(1) In addition to applicable penal sanctions, a person who commits an act for which he or she could be charged with retail fraud in the first, second, or third degree under sections 356c and 356d of the Michigan penal code, 1931 PA 328, MCL 750.356c and 750.356d, is liable to the merchant who is the victim of the act for the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.