Retail Fraud, Second Offense, in Michigan
My question involves criminal law for the state of: Michigan
I was caught stealing $74 dollars of stuff from Walmart in Sterling Heights, MI a few days ago. I didn't sign anything and the woman at Walmart just typed up something that was given to the police when they got there. I did this once before in 2003. Is this retail fraud 3rd degree or 2nd degree? I didn't get any civil demand letter from walmart and the police officer was surprised that they didn't give me one. Does this mean I don't have to pay a CD? I'm unemployed (which is why I stole food in the first place) and have no money. The police officers were very nice and told me that I could get a legal aid lawyer since I have no money, is this true? When will the court give me this lawyer? Since I'm completely broke, what is going to happen to me when I go to court? Can I offer to "work" off my fines? Could I do communnity service instead? There is no way for me to get money, I've borrowed from everyone and I'm behind in all my bills. Would it help me if I went to Casa classes or saw a psychiatrist (if I can find a free one)? I'm very scared and don't want to go to jail. I thought I was better and I don't know why I did this again. I just wanted some food to eat. Please help me. I feel like I'm going crazy. Thank you.
The police officers told me that it's possible I could be put in a work program or get probation but since this is my second offense, how can I pay for probation if I have no money. I don't know when I will have to go to court as this happened on Monday and I haven't received anything yet. The police took my fingerprints but walmart just took a picture of the food I took, no pictures of me. I've been reading other posts and don't understand why I wasn't given anything to sign? Are there free criminal lawyers in Michigan that can give me some advice on what to do before court? I didn't see any in the phone book. Can someone please help me. Thank you.
Re: Retail Fraud, Second Offense, in Michigan
You will most likely get a civil demand in the mail in the next couple weeks from Wal-mart's lawyers.
Also, many times in lieu of fines you can opt to spend time in jail. But the fines cannot be completely eliminated with community service. You will still have to pay some sort of fine.
Re: Retail Fraud, Second Offense, in Michigan
You will get a Civil Demand in the mail. It will be atleast $250.00
You should also bring proof for the judge to see that you are seeking work.
Even a Public Defender will not be free. Don't expect that.
Re: Retail Fraud, Second Offense, in Michigan
Civil Demand in Michigan is not less than $50.00 and not more than $200.00.
Re: Retail Fraud, Second Offense, in Michigan
I had $68 from Kohl's. The demand was $250.
Re: Retail Fraud, Second Offense, in Michigan
Quote:
Quoting
PandorasBox
I had $68 from Kohl's. The demand was $250.
Here's the section that applies:
600.2953 Retail fraud; liability; civil damages; demand for payment; text; noncompliance; effect of payment; jurisdiction; civil action against parent; formal police report; violation by merchant precluding recovery.
Sec. 2953.
(1) 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.
So, was the merchandise you stole recovered in salable condition? If so, it looks like you were over charged?
Re: Retail Fraud, Second Offense, in Michigan
It's been almost a year.
I remember it said "Unsaleable", but couldn't understand why. I had not removed anything, not even the price tag.
Thanks for the info though.
Re: Retail Fraud, Second Offense, in Michigan
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Re: Retail Fraud, Second Offense, in Michigan
Thanks for your advice. I've been searching for a lawyer with no luck. They all want over $1,000 and I don't even have a hundred. Since I can't afford a lawyer, can I help myself at the pre-trial if I show that I'm searching for a job. Would it help if I try to see if I can find a psychiatrist to help me? Is there anything else I can do to show that I deserve another chance? I'm so anxious and scared that I can't sleep or eat and it's getting to me. I've been so sick that I know there's something wrong with me. Please help me especially if you know the courts in Michigan. Thank you.
Re: Retail Fraud, Second Offense, in Michigan
At your court date (arraignment), plead "Not Guilty" and ask for a Public Defender.