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  1. #1
    Join Date
    Jan 2011
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    2

    Default Retail Theft Just Over $100

    My question involves criminal law for the state of: Michigan

    My 18 yr old son was arrested yesterday for retail theft. He was with two friends, and one friend who is 16 was putting merchandise in his pockets. They were caught and my son, though did not have any merchandise on him and unaware his friend was stealing was arrested and charged because he was with the "stealer". He was bonded out with a very small amount last night, but has to appear later this month. This is the first time he has been in any trouble other than skipping school. What might he be looking at for punishment? Should we hire an atty? Should he plead guilty because he was there, or not guilty because he didn't steal anything and didn't know his friend was stealing?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Retail Theft Just Over $100

    NEVER, EVER, plead guilty without advice of counsel of the exact implications. An attorney is probably a good idea.
    If he knew what was going on and was assisting (keeping an eye out, providing distraction, driving the getaway car, whatever) then he is guilty.
    If he was innocently ignorant of what his buddy was doing, then make them prove their case at trial.
    Third degree retail fraud is a misdemeanor which means he'll have a criminal record and there's the possibility of 93 days in jail, $500 fine or both

  3. #3

    Default Re: Retail Theft Just Over $100

    Being with a "stealer" is not sufficient to charge someone as an accomplice. If your son is telling you the truth and he actually did not take part in the theft, I would get to an attorney fast.

  4. #4
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Retail Theft Just Over $100

    Quote Quoting Security Consultant
    View Post
    Being with a "stealer" is not sufficient to charge someone as an accomplice. If your son is telling you the truth and he actually did not take part in the theft, I would get to an attorney fast.
    My son is telling me that at least twice, his friend (the thief) disappeared in the store, then came back to my son and other friend. This is apparently when the thief was doing the stealing. He is sure the video surveillience in store and statements from the undercover store security would back his statement. Also, when the 3 boys were detained at the store, no merchandise was found on my son.

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