How to Prepare for Arraignment for a Retail Fraud Charge

[visitor555]

My question involves criminal law for the state of: michigan

hello and thanks.

i hate to even write this, because i understand how it sounds, but this charge for retail fraud 3 was an honest mistake involving too much rushing, too many products, not enough hands, and a $5 item in my pocket. i paid for all other items, but completely forgot about the one in my pocket.

mistake or not, i was stopped by security, arrested, and my arraignment is approaching. i am 37, have never been arrested, and am humiliated by the entire affair. of course i hope to come out of this mess as relatively unscathed as possible, and would like advice as to the arraignment.

1. how should i plead? the item was obviously in my pocket, but i do consider myself not guilty. is there any hope of being found not guilty in this case? will my story even be considered?

2. i cannot afford a lawyer right now. would you suggest that i even need one? if so, it will have to be a public defender. is it possible to see a public defender before the arraignment? if not, would you recommend a consultation with a private firm?

thank you very much. i appreciate any and all insight you might be able to offer.

[flyingron]

Never plead anything but NOT GUILTY unless you have legal counsel as to the implications of doing otherwise.

The plea has nothing to do with what you "consider" yourself to be. Guilty means not only "I did it" but "I'm willing to take whatever the judge wants to do to me." By the way, you were guilty whether you consider your self or not. The act of concealment alone is sufficient in Michigan. You have no right to place that unpaid for item in your pocket whether you intend to pay for it or not.

If you are indigent and can not afford rather than just being unwilling to pay, state at your first appearance (the arraignment) that you want an attorney but can not afford one. They will then assess your eligibility for appointed counsel or public defender. In Michigan it is unlikely you will talk to one before then. If you have enough money to consider a private consultation, you can almost be assured you won't qualify.

Michigan courts are all over the place on diversions, so you need to talk to someone familiar with the court that you're to appear in for trial.

[visitor555]

thank you for taking the time to respond and for your insight. i realize my actions constitute theft in the eyes of the law, i only meant that there was no intention on my part. only stupidity.

[PandorasBox]

And this is something the judge is going to consider:

Too many items, not enough hands, threw item in pocket. Which is sad because all these stores have these things called....shopping carts/baskets.

[visitor555]

right? and i will never not use again. even for a single item...