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  1. #1

    Default Retail Fraud of the 3rd Degree; How Do We Erase This

    My question involves criminal law for the state of: Michigan

    Alright, so I play Magic: The Gathering. I got the bright idea one day to try and take apart 2 Fat Packs from the newest set out at this time and got caught doing the second one. They were concealed in my leather jacket and I tried to walk out of the store(a Meijer's), when in the lobby I was stopped by the undercover security and two or three other employees of considerable size(I'm a pretty threatening looking guy myself in my size). They asked me to come with them, to which I agreed. I knew what I did was wrong so I wasn't about to fight it at all. They detoured on the way to the aisle where I took apart the second pack to show me what they knew, then took me to the back to the undercover guy's office.

    What happened back there was he basically took down my info(I left my ID behind on purpose for obvious reasons, but I was 100 percent truthful with him). So after all of this he called the police and then showed me what I had to do. He didn't ban me from the store, but he did charge me with a 200 dollar Civil Demand, which is now either paid or in the mail on the way. Once that was done, the officer took over.

    She brought me to her car(straight through all the customers, cuffed...) and took me to the station. There, I was put into a holding cell after some searching and whatnot, where I rotted for 18 hours. They brought me out around noon, fingerprinted me, mugshot me, and gave me more paperwork basically telling me the details. Monetarily, I wasn't even allowed out of jail unless I could pull out 250 dollars, which I called my friend and he assisted me with. I also owe 12 for the booking fee and 35 for the night's stay in jail(good grief). I am to appear in court this Friday(1/7/11) and want to know how I can get this wiped.

    Now my personal sitch: I'm 18 years old, so my parents found out because I told them. On my own. Because I love them and they love me. I have NEVER messed up(and will resume living like a good citizen) and my parents and friends have my back due to our relationships with one another. One of such friends is a detective. Me and my dad asked him what we should do to wipe this from records.

    He told us to..
    -Plea "Not Guilty" at the formal arraignment Friday so we can talk to the prosecuting attorney and work out a deal due to my otherwise unblemished record
    -If he gives us an Expungment that will surefire erase it from my record so I can get my future back, then to plea "Guilty" and take it(I was planning on just pleaing guilty Friday, but this sounds more workable)
    -If the attorney won't give me what I need, I should get a lawyer and fight for the expungment.

    I'm taking notes to court with me, including some stickies I observed here to remind me not to do things I might not think about, like Your Honor instead of Sir/Ma'am. As you can probably tell from my username, I'm not letting this get in the way of my life. I know everyone screws up, and I got caught doing one of mine. I generally don't do any illegal stuff. I'd love any help I can get.

    A simple list of my questions...
    -Can I get my 250 back?(the 10% of the full bail bond paid at time of release)
    -Can this be erased from my record so I can have my edge back?
    -How much more can this cost me?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Retail Fraud of the 3rd Degree; How Do We Erase This

    You can try working out a deal but the prosecutor is under no obligation to offer one to you. Depending on what the deal is, you may be able to seal the arrest records.
    Fighting for EXUNGEMENT is putting the cart before the horse. Your best bet is not to get convicted. It takes FIVE YEARS from the time you are released. Diversion is possible in some Michigan courts.

    You are best advised to get a lawyer at the earliest opportunity. If your mommy and daddy love you so much maybe they can help. If you are indigent and unable rather than just unwilling to obtain your own counsel, ask for a public defender at the arraignment. All your sucking up and positive attitude that you can escape the implication of the crime you have committed and that this will go away won't likely be as effective of a lawyer who knows what is going on.

    You get 90% of the 10% deposit back if you make all the appearances. If you somehow are found not guilty, you'll get it all back.


    A lawyer will cost.
    If you are entered into a diversion, it will cost.
    If you are found guilty court costs will cost.
    Fines will cost.
    Probation will cost.
    Jail will cost.

    How much? I suspect you're looking in the range of a few thousand here.

    Magic is for dweebs.

  3. #3

    Default Re: Retail Fraud of the 3rd Degree; How Do We Erase This

    So, what are the different options and how do they play out? You mentioned Non-Conviction, Sealing Records, Diversion, and of course my mentioned Expungment

    And thank you for taking the time to help me out, sir.

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