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Retail fraud 3rd degree in Michigan

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  • 03-28-2007, 10:26 AM
    hcecil24
    Retail fraud 3rd degree in Michigan, NEED ADVICE!!!
    Hello,
    Just recently I was caught switching shoes at Meijer in Mt. Pleasant, Michigan. I didn't go into the store intending to steal, I just saw a pair of shoes that I already had on, and decided to switch the old ones with the new ones. Upon leaving the store, I was approached by local security and brought back to a room. They did the whole deal: getting my drivers license, picture taken, info, etc. The lady who caught me told me that I was not banned from Meijer, just not to steal again. They seemed like I was just going to get a warning and have to pay a fine to the store. Then a police officer came, got all my info. and told me that their new policy is to arrest now, so I went to the police station and put in a holding cell. The shoes were approx. $35 and the bond was set at $500. I paid bond and got out. I am intended to pay Meijer $200 and I have a court date pending. I am 21 years old and this is my first offense. At the police station I wasn't fingerprinted and my picture wasn't taken. I have read up online that I could receive a fine up to $500 and/or jail time up to 93 days, etc. I also read in occasions that I could get probation and community service. What can I expect for the outcome to be. I am 21, first offense, no tickets or anything, retail price of $35. Any advice is appreciated, I just don't want to go to jail. The money can get paid back, it's just my dignity has been bruised.
  • 03-28-2007, 10:48 AM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Jail time of first offense is very very rare. You can expect

    . Summary probation
    . Community Service
    . Fines
    . Ban from store

    These are the norms and can vary. Seek advice from a criminal defense Attorney and ask about possible diversion programs
  • 03-28-2007, 11:02 AM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    Thank you. I was just wondering, should I have a lawyer present when I go to court? I mean I know I already have to pay the fine and $200 to Meijer, but they told me that I was not banned. And what about the fingerprinting and mug shots? None of that was done.
  • 03-28-2007, 11:04 AM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    Also, what's a diversion program? Is it a set of classes or something in which I have to attend to? I'm just freaked out by this whole experience and all I want to do is finish up this semester at school and go home and forget this ever happened. I mean I have learned from it and the fact is I'm not upset that I got caught, I'm upset that I even put myself in that situation.
  • 03-28-2007, 11:04 AM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Its always a good idea to have an Attorney at your side in court. The monies paid to store are not related to any court fines so don't be confused into thinking you already paid your fines. Fingerprinting and mugs shots are not required to press charges.
  • 03-28-2007, 11:21 AM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Quote:

    Quoting hcecil24
    View Post
    Also, what's a diversion program? Is it a set of classes or something in which I have to attend to? I'm just freaked out by this whole experience and all I want to do is finish up this semester at school and go home and forget this ever happened. I mean I have learned from it and the fact is I'm not upset that I got caught, I'm upset that I even put myself in that situation.


    Diversion acts just like an conviction far as penalties fines etc but once you complete it your case is dimissed. Now diversion programs vary so you need to discuss this with your Attorney
  • 03-28-2007, 11:44 AM
    aaron
    Re: Retail fraud 3rd degree in Michigan
    Diversion programs vary by state and county, and are not universally available.
  • 03-28-2007, 11:56 AM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    I was wondering if I could talk to Meijer and the security and manager who were there with me and ask if the charges could be dropped. I mean they know that it was my first ever offense and said that I was respectful and complient. The security guard told me that if I paid the fine no further legal action would
    be taken against me, does that mean that they didn't charge me. Plus the officer told me that he HAD to arrest me because it was their policy. I mean at first they all seemed like I was just going to have to pay the fine and a possible store ban. Is there any negotiations I could possibly make with the corporation in which I could pay the fine, be banned, do community service for them, etc. in which they would drop the charges?
  • 03-28-2007, 12:05 PM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Its already passed that point
  • 03-28-2007, 12:14 PM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    I also want to know, when I was in the office with the Meijer employees, the lady told me that if I paid the fine to the store, no further legal action would be taken. Does that mean that if I pay them, they wont press charges or what. Because I know that they HAD to call the cops, but is there a possibilty that the charges could be dropped?
  • 03-28-2007, 12:15 PM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    Because I know somebody in which this sort of thing happened, and his charges were dropped after his court case. Like upon completing his probation and paying back what he took.
  • 03-28-2007, 12:16 PM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    I'm sorry but the Expertlaw Crystal ball is currently unavailalbe. It is very unlikely charges will be dropped now that have been filed.
  • 03-28-2007, 12:17 PM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Quote:

    Quoting hcecil24
    View Post
    Because I know somebody in which this sort of thing happened, and his charges were dropped after his court case. Like upon completing his probation and paying back what he took.

    Thats what diversion is about:wallbang: Talk to an Attorney he/she will explain the process and if you qualify
  • 03-28-2007, 05:13 PM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    My next concern really is if I do get the $500 fine, when do I pay that along with the court fees. Do I need to have that money on me at court? As if I would pay then? Or do they send me something giving a specific date in which I pay?
  • 03-28-2007, 05:16 PM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Civil Demand and court are separate you need to work that out seperate. Civil Demand will accpet payment plan in most cases just don't be late or miss payment or you will be sued for even more!
  • 03-28-2007, 05:54 PM
    bam!
    Re: Retail fraud 3rd degree in Michigan
    Quote:

    Quoting panther10758
    View Post
    I'm sorry but the Expertlaw Crystal ball is currently unavailalbe.

    This line is awesome!!

    Don't take that compliment to mean that I like you ;-)
  • 03-28-2007, 05:55 PM
    bam!
    Re: Retail fraud 3rd degree in Michigan
    Quote:

    Quoting hcecil24
    View Post
    My next concern really is if I do get the $500 fine, when do I pay that along with the court fees. Do I need to have that money on me at court? As if I would pay then? Or do they send me something giving a specific date in which I pay?

    The courts generally work out payment arrangements. They want your money. Also see if you can pay your fees and fines through community service - it is a helluva lot cheaper.
  • 03-28-2007, 06:21 PM
    panther10758
    Re: Retail fraud 3rd degree in Michigan
    Quote:

    Quoting bam!
    View Post
    This line is awesome!!

    Don't take that compliment to mean that I like you ;-)


    Bam I wouldnt accuse you of liking anyone but then I am sure thats returned in plenty
  • 03-29-2007, 09:58 PM
    hcecil24
    Re: Retail fraud 3rd degree in Michigan
    This also came up after reading all these blogs on this site: should I get a lawyer, court appointed, etc.? Because I know that in Mount Pleasant, I will go in front of a magistrate in a small office-like room. Are all shoplifting cases handled this way? Is having an attorney always a good thing. I mean I know what I want to say in court. Could I negotiate with the judge or are only attorneys allowed to do that?
  • 03-30-2007, 05:28 AM
    aaron
    Re: Retail fraud 3rd degree in Michigan
    You can negotiate a plea bargain with a prosecutor. You can't negotiate a plea bargain with the judge, as that's outside of the judge's power.
  • 04-10-2007, 07:19 AM
    dakota_sydney
    Re: Retail fraud 3rd degree in Michigan
    NO, there is no chance
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