Embezzlement Misdemeanor Charges

[jwalk35]

My name is Jimmy and I am a 20 year old college student. I am majoring in Political Science. I have no criminal record and I live in Michigan (washtenaw county to be exact) I have been an employee at a big clothing store for the past 2 months. As of a few days ago, I found myself in a sticky situation due to my lack of judgement.
While at work on a busy saturday, I decided to have my co-worker ring me up for two hats. During the middle of the transaction I briefly stepped away to go punch out for my lunch break. As I came back to finish and pay , I swiped my card, took my purchases and proceeded to my car for lunch. On the way out I realized that my co-worker hadn’t scanned one of the hats. Now Some of our scanners do not work properly so it is entirely possible that he tried to scan it and believed the item was scanned when placed in the bag.

This is where my poor judgement comes in. As I got to my car I had realized the hat had not been charged to me. Instead of bringing it back into the store to pay for it, I chose to keep the hat with the mindset that he messed up and I didn't. I was in the mindset of thinking that It was a $30 hat and was not a big deal.

I returned from my lunch break an hour later and went back to working. I worked the rest of my shift and was scheduled to leave at 7 PM. At approximately 6:50, our Loss prevention (LP) supervisor pulled me into the back office for questions on an “on going investigation”. In the room It was the LP lady and a Regional LP via speakerphone and myself. They began to talk about basic procedures with the store. After 45 minutes of that they finally got to the point. They began to question me about when the first time was when I caused loss to the company. I was clueless at first, but I informed them of the time I let my mother use my employee discount for a jacket (the discount took off $8). They had no knowledge of that incident so they marked everything down. They then brought up the situation from earlier and I began to tell them that I purchased a redwings hat. They then questioned me about the other unpaid for hat. I told them I paid for the redwings hat. Then they began to ask how the other hat ended up in my bag. I began to tell them the story that I listed above. I told them I used terrible judgement in not correcting the error and accepting the free item. That hat was charged to be $39.99. They told me that I was responsible for the restitution of the hat and misuse of the discount and would have to pay the $47. They also Let me know they had informed my store manager and he came to the decision that I would be let go and they planned on pressing charges.

Due to policy , the police had to be called to come take me to the station. When they arrived they began to question me as well and I gave them the same story I had been giving. They seemed to be irritated that the LP had called them for such a petty incident. One of the officers had stepped out with our LP woman for about 15 minutes. When they came back into the room they came up to me and told me that the other individual who had rang me up told them that the setup had been planned for him to only scan one item . (Later found out that The co worker said none of those things). The officer told me it looks bad that our stories do not add up and gave me a chance to recant my story, But I stuck to my story and told them that no planning took place about the event.

Following that I kept asking our Lp lady would I be able to pay the $47 on the spot since I have my wallet right there with me. She stepped out to call one of the other LP directors to find out how to go about that . When she returned she told me that I was no longer financially responsible for the $40 hat as I returned it to her with tags and all And the only restitution I was responsible for was the $8 discount. The officer then cuffed me and escorted me down to the police car and we went on to the station where I was getting finger printed and a mugshot.


I asked the officer what was the official charge and he informed me of it being the lowest level of misdemeanor for Embezzlement. I was then set free.
My questions now are as follows:

1) should I retain my own lawyer or have the courts appoint me one ? ( I am a poor college student with no job currently)

2) What are the chances of this being dropped and not having a smudge on my record?
3) Since she said I am not responsible for restitution for the hat since I returned it in perfect form, was the charge being based off of the discount abuse ? (which I paid the following day)

Any feedback is greatly appreciated, I am lost and in search of answers. Thank you for taking the time to read this.

[flyingron]

1. If the police have been involved you absolutely need a lawyer. If you are truly indigent, then ask for a public defender.
2. Some Michigan judges will offer a diversion, some will not. Ask your attorney.
3. Whether you returned the item or not doesn't account for the fact you stole it initially. While returning the item in salable condition decreases your civil liability (you're still likely to get a demand on that), it doesn't change your criminal charge.

[Mr. Knowitall]

Some Michigan judges will offer a diversion, some will not. Ask your attorney.

It's important to note the distinction between diversion programs, which are really programs controlled by the prosecutor, versus deferral or "adjournment in contemplation of dismissal" (ACOD)-type dispositions that involve the judge. Whether a diversion program exists, and the question of who is eligible, is going to vary by county and will depend upon the policies of the prosecutor's office.

Once charges are filed, Michigan only allows deferred sentences if they're authorized by statute (e.g., a HYTA deferral, MCL 333.7411, first offense domestic violence). So the OP's first line approach would be to try to work out a deal with the prosecutor for diversion (if possible) or for a non-criminal resolution (if the prosecutor is amenable), backed up by trying to resolve the case through HYTA deferral (deferred sentencing available between the ages of 17 and 21 where a guilty plea is taken, but where the plea is not entered and the record is sealed if a period of probation is successfully completed).

Yes, at the end of that, the proper emphasis: "Ask your attorney".

[flyingron]

Agreed. Michigan is more variable than many other places. You need a local attorney familiar with the DA/courts not generic internet advice.

[jwalk35]

Thank you for your response it is very helpful. I have done some research on the HYTA act and hopefully that is something that can swing in my favor. But everyone is saying I will talk to an attorney but I cannot afford one so that will not be until after the arraignment when I can speak to one. But I was a bit clueless as to what I should say/do at the arraignment, and Also how often ( if you know) do charges like these get dismissed?