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Adult Caught Shoplifting in Michigan, First Offense

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  • 03-21-2013, 03:06 AM
    kreid
    Adult Caught Shoplifting in Michigan, First Offense
    My question involves criminal law for the state of: Michigan

    We were stopped by loss prevention. We were "sliding" items through a self checkout (diapers, laundry detergent)..Desperate mistake. We cooperated and were very polite. The lady was very nice and let us leave after being detained for over 2 hours with a crying infant waiting for police. This saved us the whole jail trip.

    My question is this...what are we facing? We are on public assistance and financially burdened, (which obviously led to this stupid incident) and getting an attorney would be financially impossible. What options to we have for the best possible outcome ? We dont think that denying anything is the way to go. Not sure if they are charging us both, or if I will be considered an accomplice as he was the one seen "sliding" the items.

    I would like some advice as to how to go about getting this done as privately and as efficiently as possible. We have a large family and would like to save our children as much embarassment as possible.
  • 03-21-2013, 05:14 AM
    flyingron
    Re: Michigan, Shoplifting 132.00, First Offense, Old Enough to Know Better
    You don't say what store it is but you can expect a civil demand letter from the chain "lawyers" at many of the big box type places. Fortunately for you, Michigan caps this at $200 plus the cost of any unrecovered items stolen.

    They very much could charge both of you for the theft. If you are charged, ask for a public defender at your first opportunity. If $132 is the amount of items stolen, it's third degree retail fraud. $500 fine (plus costs) and/or 93 days in jail. Michigan courts are all over the place with regard to whether they'll allow diversions. You'll need to discuss this with your lawyer.
  • 03-21-2013, 06:52 AM
    kreid
    Re: Michigan, Shoplifting 132.00, First Offense, Old Enough to Know Better
    Is jail time likely in a first offense with no record? When and where can I request a public defender?
  • 03-21-2013, 07:46 AM
    flyingron
    Re: Michigan, Shoplifting 132.00, First Offense, Old Enough to Know Better
    Jail isn't likely. You most likely will get probation and some amount of fees that need to be paid. Better yet is to avoid a conviction entirely. At the court date you are cited to appear you ask for a public defender (most likely the judge will ask if you want an attorney anyhow). You'll be given time to complete the necessary application and that will reviewed to see if you qualify. If you do, your case will be continued until you have time to meet with the appointed attorney. If it is denied, you can still ask for a continuance to obtain private counsel.
  • 03-21-2013, 10:47 AM
    kreid
    Re: Michigan, Shoplifting 132.00, First Offense, Old Enough to Know Better
    I cant figure out where the posts are going now !!

    - - - Updated - - -

    Will requesting a defender add to court costs ? Im not sure there is anything to defend. The police just brought the tickets to the door with a court date of May 30. I wonder if I send them in with admitting guilty if I can avoid court.
  • 03-21-2013, 10:55 AM
    Mr. Knowitall
    Re: Michigan, Shoplifting 132.00, First Offense, Old Enough to Know Better
    If you are convicted or work out a plea bargain (e.g., a deferred sentence) that does not involve a conviction, you can expect that you'll be ordered to repay the county the cost of your lawyer.

    You're charged with a crime and, although it is possible in some circumstances to plead guilty to a minor offense without appearing in court, if you plead guilty you will end up with a criminal conviction on your record. Also, for the shoplifting charge, the police are supposed to maintain a record of your mugshot and fingerprints so unless that's been done, even if otherwise possible, I expect you'll have to appear in court. You can read the court notice you received. Odds are you're required to appear for an arraignment.
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