My 18 yr. old brother was recently ticketed for retail fraud. He allegedly took ("stole" or attempted to steal) a vidoe game ( < $200) from a department store in Kalamazoo, Michigan. The police were called, and the officer that arrived issued a misdemeanor citation for retail fraud under the authority of the above captioned statute.
Other potentially relevant facts:
1. No prior criminal "record";
2. Store security stopped him before exiting the store;
3. Forum is the Kalamazoo 9-1 District Court
My advice to him and my mother was to contact a few local criminal defense attorneys to get a preliminary idea of how to proceed, and then choose one for representation. I also told them to contact the court, set up the arraignment hearing, show up and plead not guilty. Then work with the attorney from there on a proper defense strategy.
Can you provide insight into the following:
1. Is it more likely that it was an "attempt" versus a completed crime if he didn't physically leave the store prior to being restrained (i.e. caught)? If so, is there a meaningful difference in the penalty?
2. What would a prosecutor plea down to from a misdemeanor retail fraud charge, since this seems the least serious of the retail fruad offenses that I could find in a preliminary search?
3. Are plea bargains in such cases common/typical or not? I realize each case is different, but in situations where the defendant's acts are likely to result in a conviction, will the prosecutor plea in the interest of judicial economy?
4. Will the criminal procedure rules in Michigan allow a defendant to plead "not guilty" and then later change the plea pre-trial whether or not a change in the charge has been made?
5. What is a common/typical sentence for a guilty verdict (or plea) for a first time offender?
6. Do you recommend a particular criminal defense lawyer in Kalamazoo?
Any other info would be considered useful and appreciated.
Thanks for your time.