Retail Fraud In Michigan, Got Caught In Macy's

Hello All-

To begin, I am a 23 year old woman with no prior records and this happened in Michigan

Long story made as short as I can, I was caught shoplifting $66 worth of merchandise from Macy's yesterday. There was a plain clothed lady who followed behind me in the dressing room and then later stopped me at the door before I was out with another member from store security. They took me back to a corney security room took my ID and obviously asked me to give back what I took from my bag and searched my purse. I told them I don't normally do this type of stuff, I had just graduated from undergrad and had just moved home to go to graduate school. He said that that I wasn't telling the truth b/c they had "had their eye on me" and they knew about a belt I had taken a week before. I tried denying at first, but they tried to pin me to a specific day and time that I done it. I finally told them it had been me, but still told them I had no idea what day or time it was- this was a separate incident from what they had actually busted me for. They called mall security and I had to sign the ban for 1 year thing and they also gave me that sheet explaining that Macy's could sue me for civil damages and took my pic. Next, they called lovely Eaton Co police and a very "hard-nosed" female officer eventually came.
The initial security guard was kinda cool about the whole thing and said that since it was my first offense, and if I didn't have a criminal record (which I do not) that they would probably let me off with a "deferment". The cop, on the other hand mentioned being summoned and arrainged/ could face jail time right from the beginning. She said the Co prosecutors would be sending me something in the mail in about a mo (how freaking slow!) that would either have a summons on it or say that they were letting me "defer" this and I would have to call a number and find out about my fine/community service/etc.
Basically, I'm really confused. From most of the threads I've read most of the people go to jail right when it happens and get fingerprinted/etc- this didn't happen to me and am wondering if this is a "good" or "bad" thing so to speak. I also don't know what role the belt incident plays since they didn't actually catch me with it but I basically admitted to it and I don't know what if any other proof they have (video, etc). I am very worried that I'll have to go to court, but compared to some of the things I read I know I'm lucky to not have been arrested at the time it happened.
My main questions are: what are my chances for a deferment, and would they send that notice in the mail, or will I most likely have to go to court anyhow, even if they are going to "let me off" with a fine/community service. Also, how long does something like this stay on my record- if i get a deferment, or if i have to go to court and still get off with fine/community service. Is there pretty much no way to avoid going to court even though I wasn't arrested at the time.
To any one kind enough to offer advice or respond to this- thank you very much in advance and I do truly appreciate any help that can be offered. I am really a person who takes things to heart, and this has been eating me up in side (as it probably should), can't really eat, starting a new job on Monday and it's taking away focus from that to be honest. You can believe me when I say I will never pull this crap again.

thanks! please please help :)

Ok. First thing you need to do is relax. This not as bad as it seems. Yes, you were arrested, eventhough you did not get taken to the police station. You were booked in the field and released, which is the same thing as an arrest. You WILL go to court no matter what and face one or two counts of misdemeanor petty theft. You did admit to stealing the belt, so you most likely will be charged with it. They do not need any futher evidence for the belt, since a confession is all that is needed to file charges. So they can combine both thefts into one charge or charge you with two seperate counts.

This is how the legal process will work: you will get a letter with a court summons. The first day in court will be an arraignment. During this yoy will hear the charges against you and enter a plea. After this you will be given another court date on which you will be sentenced. It's possible that you may be sentenced during the arraignment. You will most likely plead no contest. This is where the prosecuter offers you a deal: a lesser sentence in exchange for the no contest plea (they don't want to take this to trial).
Now the crucial thing here is you lack of a criminal record and the total retail value of the items stolen. I can garrauntee you 99% that this will be filed as a misdemeanor with no jail time. YOU WILL NOT GO TO JAIL, assuming that you have told the truth about you not having a criminal record.

As far as diversion goes, that's anybody's guess. Your sentence may include restitution to the victim, court fines, community service and a SUSPENDED jail term. Suspended jail term means that the judge will suspend the jail sentence until the completion of your probation (usually 2 years). If, during your probation, you re-offend for under the same section code, the judge will impose the jail term. So never do this again, because nest time everthing will be 10 times harsher.

Most importantly, get a lawyer asap. This is not murder one, but you do need a attorney to cummunicate with the prosecutor. You need the attorney to basically chat with the prosecutor and say "look, my client is a good kid who's going to college; she just messed up this one time." The legal process is not written in stone and is very human. Also, your attorney will be able to tell you what charges you are facing before you hear them in court.
Good luck and don't worry too much. You will have to go through something unpleasent breifly and do some community service. But that's all. Later you can get your record expunged.

oh, one more thing. As far as how long this stays on your record, I can't tell you for sure because it varies state by state. Many states seal your criminal record after 5-7 years, so the crime becomes unreportable (assuming there is no re-offence, then the record is permanent). If you get differement, you will not have a record once you complete the proggram. You can also hire a lawyer to get your record expunged after the term of your probation. Never, never re-offend; you will have an arrest record for theft after this, even if you get defferement. This differment record will be police and court files only, not available to employers. But nevertheless the state will prosecute you a lot more harshly next time. I have even seen petty theft cases filed in felony court because the person had a prior petty theft offence. Whatever you can steal from any store is never worth it once you get caught, and EVERYBODY gets caught eventually.

Mouser- thanks a ton for the concise advice. Unfortunately it doesn't sound like there is any way I am going to avoid going to court- right? Was the officer just talking sideway's when she said that if I was given a defferment than it would be pretty much in the form of a letter that will be sent to me in the mail initially?
So regardless of whatever "proof" they might have of the other instance it doesn't matter b/c I admitted to it right?
Another thing, when I left the room, the police officer and the b*tch who had busted me were left in the room alone to sort out the police report and whatever report she had been typing on the computer the whole time while I was sitting there. At this point, she was basically free to paint the picture as however she wanted to the officer, correct? Would it have been wise to stay while they were doing this, or would that not have had any bearing?

Thanks again for all your help, it was very thourough. And thanks for any other posts that might be to follow.

Even if you get defferment, you will still have to go to the court for the arriagnment. Yes, they do not need any other proof for the belt. You confessed to it and that's the best proof they can have. Never confess to the police. Use your right to remain silent. Your presence would not have any bearing on the police report. Remember, the police will not go out of their way to paint a good picture in the report. To them you are a criminal, not a decent person who made a bad choice.

Once again, I cannot emphasize this enough: never do this again. I get the feeling that you have possibly been doing a bit of shoplifitng over a period of time. Many people fall into this same pattern, even college graduates and succesful people. But now it is time to stop. Your life is worth a lot more. And get a lawyer asap. A lawyer will be able to answer all your questions. A decent lawyer for a case like this will run about 2000.
Very soon your mailbox will be hit by a bunch of attorney solicitations. Read these letters carefully; you may be able to choose a good attorney from among them.

You were charged with a criminal offense avoiding court is not going to happen unless you hire an Attorney who will appear on your behalf but its doubtful that will even work. Find a Criminal Defense Attorney and discuss options like Diversion

Mouser- you are right and I will most certainly never try this s*it again.
Okay, to be honest now I'm getting really scared. Do you have any way to estimate how much you think this fine will be assuming I'm lucky enough to just get that?
I did confess but not directly to the police, it was to the security lady, does that make any difference? And this next question obviously has no bearing on my situation now- but did the security guards have any legal right to keep me in the store or should have I just ran? I can't help but kicking myself and wondering if I should have just done that.
Does ANYONE know a good lawyer in the Lansing (Ingham Co) area?
Thanks again for any and all help

Court fine for a 1st offense shoplifting will be less than $500.00

Don't worry too much. THis will certainly cost you some money, but not your liberty. You may (may, not will) pay fine to the court and court ordered restitution to the victim. You will also most likely recieve a civil demand notice from the store in the amount of 250-500.

It's good thing that you did not run, because if they catch you that makes the charges worse. Running can escalate the charges from petty theft to burglary. Let's say you run and push the security out of your way. Well, now they would be able to up the charges to robbery--just for pushing the security on your way out the door. I've seen it happen before in court. The security has every legal right to keep you in the store or detain you anywhere on their property.

So did you confess about the belt in writing or verbally? If you confessed in writing, then there is absolutely no way of recanting the confession; if you confessed verbally, then it's possible to get the confession challenged in court--but that's only if you go to trial, which you won't. Remember, everything in the police report is simply an allegation that the DA has to prove. But in no contest cases like this one (which is what this will most likely be) you plead no contest (same as pleading guilty) to everything in the report. The DA will offer you minimal sentence in exchange for a no contest plea. Actually, you'll be dealing with the CA (city attorney) since this will be a misdeamenor (99% likelyhood of that).

So the grand total here may be around $3500: 2000 for an attorney (don't go with a public defender; you might as well represent yourself in that case); 500 civil demand; 500 court fine; 100 court restitution fee; and misc. small costs. It could be lower if you get a good attorney who can negotiate fines with the prosecutor.

Restitution is not going to be ordered unless there were damages to merchandise or property. Civil Demand covers retailers expeneses some.

. Fines less than $500.00
. Civil Demand proably $300.00
. Attorney fees $1500.00 approx

Grand total $2300.00 est. (probably less)

I've spoken briefly to a couple lawyers today over the phone and have a slight better idea of what this may entail- however, if i plead no contest, won't that stay on my record as such?
One attorney I spoke with today's whole premise was to play in in a way in which this won't be on my record or will later be expunged- this would certainly be the route I want to go if possible. You were right, the attorney costs 2500 and I need to figure out a way to get that b/c I have no other choice. Do you see keeping this off my record a possibility?

thanks so much for everything

Ask your Attorney about Diversion

Like Panther said, this will not go on your record if you get diversion. However, even if you don't, you can still get this off you record in one of two ways: 1) either you will get it expunged, or 2) it will go off your record by itself. After you complete probation (assuming you don't get diversion) you can hire an attorney for an expungement hearing. This is where the court reomoves this from you record. It's fairly easy to get a first time misdemeanor expunged. Or, many states seal criminal records after about 5-7 years. So it would still exist on you record but would be unreportable to employers. Ask your attorney about such laws in your state.

I used to work for a major retailer in Eaton County,Lansing . I always liked the Sheriffs Department and thought they were a bit leniant with the shoplifters.

Eaton County offers a "Diversion Program". It is for 1st time offenders. If you fully cooperated you will probably qualify for the program. If you succesfully complete the program and pay all of the fines, this will fall off of your record.

P.S. you don't need an attorney. Half the people on this site are attorneys. Thats how they get business. Just show up and ask the prosecutor about the Diversion Program.

Civil Demand in Michigan, 10 times the amount of what was stolen up to $200.00.

Retail Fraud three = up to a $500.00 dollar fine + 93 days jail