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Retail fraud - told to pay or else

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  • 08-08-2005, 03:22 PM
    capcom
    Retail fraud - told to pay or else
    My son and a couple of friends were shopping at a small store in michigan. His two friends were caught shoplifting. They were detained at the store until police arrived. At that point they were told to pay $200.00 or go to jail. My son gave them the $70 he had and they called a relative, who was given 20 minutes to drive there with the remaining balance. They were given no paper work for the transaction. Just a verbal don't come back. Is this legal?
  • 08-08-2005, 03:40 PM
    aaron
    Michigan Civil Demand - Shoplifting
    Pursuant to MCL 600.2953(1):
    Quote:

    Quoting MCL 600.2953(1) - Civil Demand for Shoplifting
    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.

    Given the circumstances you describe, I would have been wary as a merchant of engaging in the sort of strong-arm, on-the-spot demand, out of concern that the situation would start to resemble one of extortion. But a civil demand is legal against shoplifters in Michigan.
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