Accepting Discount From Macys-Retail Fraud

My question involves criminal law for the state of: Michigan

Hello, my friend recently got issued a letter informing him of a criminal offense retail fraud Second Degree for accepting a store discount from a Macy's employee.

After purchasing the clothing at a discount he then returned to the store with receipts, and the same cashier processed a return to his Macy's credit card, without him bringing the clothing back. Basically paying nothing for the clothing.

What is the best argument for his case. on April 14th he needs to go in front of the court and present his case.
As I understand the law, Macy's offered him a price that he paid. There is no wrong there. But when he returned to the store and got paid back without returning the items, he was in fault then.

Please help. Thanks!

How much were the clothes worth? Without the discount.

This is theft and depending on dollar value its either misdemeanor or felony hire an Attorney

The Clothing was worth as claimed to be 980$, and yes he is considering a lawyer for this case. You said he was guilty, what are the chances of proving this otherwise, does it depend on the prosecutor and the Macy's representation?

Thats felony chances of getting away with almost zero. He took monies but did not return merchandise. Thats theft

Can this actually be dropped to a lesser charge?

750.356d Retail fraud in second degree.
Sec. 356d.

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the second degree, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 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:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200.00 or more but less than $1,000.00.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.

(2) A person who violates subsection (4) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section, section 218, 356, 356c, or 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c, or 360 is guilty of retail fraud in the second degree.

(3) A person who commits retail fraud in the second degree shall not be prosecuted under section 360.

(4) 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:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

(5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.

(6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

(7) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

Ok, I might be off on the amount, because it is being presented as midemeanor retail fraud-Second Degree.

The law says is section 4 about this case.

Whether it can be dropped to misdemeanor or some lower charge is unknown that is between DA and your "friends" Attorney

OK, this is a misdemeanor according to papers served today with the offense. No it is not in my name, but thats not the point. I do appreciate you correspondance. What types of questions woudl youo ask the DA/prosecutor in a pre-trial for a case like this?

Your friend needs an Attorney and let him/her deal with the DA

OK, we were not sure if he needed an attorney because of the chance he could talk his way,

"explain that he was not in fault by taking the advice of a Macy's employee"

What are your thoughts about that approach, either with or without an attorney? Pl;easd Non guilty then approach the Prosecutor with that argument and appeal to get charges dropped?

This is a misdemeanor also panther :) fyi i am looking at the document right now

Unless your friend is brainless he was aware of what happened. If he plans ot use that as defense plan on getting the max sentence!

This is not a DIY project... you cannot talk yourself out of this.

There is a strong paper trail (the credit card receipts and transaction record), video, the admission of the employee that gave him the discount and, most importantly HIS OWN ADMISSION by purchasing the items at the stated value.

In other words, your "friend" is screwed and tattooed. Get an attorney or start thinking how to accessorize an orange jumpsuit.