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3rd Degree Retail Fraud Charge in Michigan

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  • 11-30-2013, 03:09 AM
    Previn
    3rd Degree Retail Fraud Charge in Michigan
    My question involves criminal law for the state of: Michigan

    Hi. I am currently 18 years old. My 17 year old brother purchased a year-long snowboarding/ski pass yesterday at a ski resort in his name for $550.00. Earlier today I went snowboarding with his pass, not knowing he was going to go snowboarding later that day (I also didn't know that I wasn't allowed to use my brother's pas). Turns out, my brother thought he lost his ski pass so when he went to the ski resort today, where I already was, he paid a non-refundable $75.00 for a misplaced ski pass. I ended up seeing my brother there. I told him that I was using his pass and he said he paid for another one. He didn't tell me how much, and I didn't ask. (I figured he payed $550.00 more, and I told him "I'll pay you for it, don't worry"). My brother was stopped by security while snowboarding to verify his ski pass ID. He was let go by security because it actually was him. I was then stopped by security and because I was using my brother's pass, they told me it was fraud. I told them I had no idea it was fraud, I didn't think I was even doing anything wrong! After talking to the ski resort security office, they kept yelling and telling me that I owed them $550.00. I told them I do not wish to purchase a ski pass and I have no problem paying them for the day. They also have a policy where if someone is caught snowboarding or skiing without a day pass or ski pass, they are charged double the amount for the day (So 2 payments of $37.00 and they are free to go back and snowboard). They're policy also states if a family member has a ski pass, the next member's ski pass is $450.00. I offered to pay them $450.00 for the ski pass (which I did not want) or $37.00 for just the day. After telling me "That's not how this works", I told them I'll pay the $74.00 and leave the resort. They declined and told me they are going to call the police because I wouldn't cooperate. They also suspended my brother's ski pass for a month (HE DID NOTHING WRONG!!!)

    The police arrived and my brother was let go because he did nothing wrong. (His pass is still suspended for a month.). They took me to the station, took mug shots and finger prints, and gave me a misdemeanor ticket for "Section 4.04: Retail Fruad - Third Degree".

    I was released with no bond. I was told to contact the court and schedule a meeting with a prosecutor and judge.

    A few things to note:
    • I did not know any of this was illegal or fraud or any crime and neither did my brother!
    • Nothing was done intentionally
    • The ski valley allowed my brother to sign a contract with them even though he is 17 years old and the contract requires someone to be 18 years or older or have a guardian sign the contract.
    • I have no criminal history besides a minor car accident ticket, and a double parking ticket.


    My questions are:
    1. What penalties am I facing?
    2. Isn't the entire contract invalid if a minor signed it?
    3. Do I have a criminal record now? They took my mug shots and finger prints. If so, is it anything that won't allow me to get a job in the future? I am currently a good student attending a good college.

    Thanks for all the help!
  • 11-30-2013, 03:18 AM
    Disagreeable
    Re: 3rd Degree Retail Fraud - Michigan
    First, you brothers issues have nothing to do with yours directly.
    My questions are:

    What penalties am I facing?

    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:
    Isn't the entire contract invalid if a minor signed it? Irrelevant to your criminal act. Why does your brother want to cancel his pass? Since he already started using it, he is unlikely to be granted a refund according to law.

    Do I have a criminal record now? They took my mug shots and finger prints.

    You will after you are convicted.

    If so, is it anything that won't allow me to get a job in the future? I am currently a good student attending a good college.

    Probably. No great loss if you are stupid enough to believe you can defraud someone and still do not comprehend the gravity of your situation. You need a lawyer fast. You are facing potential jail time. Don't think we or the judge is stupid enough to believe you did not know you were doing something illegal? Ignorance of the law is not an excuse.
  • 11-30-2013, 03:24 AM
    Previn
    Re: 3rd Degree Retail Fraud - Michigan
    Quote:

    Quoting Disagreeable
    View Post
    First, you brothers issues have nothing to do with yours directly.
    My questions are:

    What penalties am I facing?

    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:
    Isn't the entire contract invalid if a minor signed it? Irrelevant to your criminal act. Why does your brother want to cancel his pass? Since he already started using it, he is unlikely to be granted a refund according to law.

    Do I have a criminal record now? They took my mug shots and finger prints.

    You will after you are convicted.

    If so, is it anything that won't allow me to get a job in the future? I am currently a good student attending a good college.

    Probably. No great loss if you are stupid enough to believe you can defraud someone and still do not comprehend the gravity of your situation. You need a lawyer fast. You are facing potential jail time. Don't think we or the judge is stupid enough to believe you did not know you were doing something illegal? Ignorance of the law is not an excuse.


    Thanks for your quick reply.

    Regarding the penalties, which of the three am I most likely facing? Am I going to go to jail???

    Can anyone else give me more insight on this? I've never been in any position like this in my life!
  • 11-30-2013, 04:03 AM
    Disagreeable
    Re: 3rd Degree Retail Fraud - Michigan
    The court will likely refuse to allow you to enter a plea without a lawyer. A lawyer might be able to get you into a diversion program or reduced charges.
  • 11-30-2013, 04:06 AM
    PandorasBox
    Re: 3rd Degree Retail Fraud - Michigan
    You need a criminal defense lawyer.

    Yes, this will screw up job opportunities for the next 5 years, unless a Diversion Program is offered to you. Trust me, I am speaking from experience. I can't even get a Data Entry job because of something I did 4.5 years ago. (It takes 5 years before you can file for Expungment of a record).
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