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  1. #1
    Join Date
    Jan 2007
    Location
    Michigan
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    28

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    I want to re-write it because it was all basically against me and other people that weren't involved. I am saying that it is wrong for the cop to tell me "write this down and write that down, so you can go home" now isn't it? How do I go about getting it suppressed? The detective still wants to talk to me and said just because it says that on paper what I am being charged with doesn't mean it has to be that. But isn't it Wal-mart charging me and not the detective. Doesn't the judge decide the final outcome anyways and what the charge will be?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Realistically? Assuming you were advised of your Miranda Rights, it's very unlikely that you could get it suppressed.
    Quote Quoting People v Snider, 239 Mich App 393, 417-418; 608 NW2d 502 (2002)
    In general, statements of an accused made during custodial interrogation are inadmissible unless the accused voluntarily, knowingly, and intelligently waived his Fifth Amendment rights. Miranda v Arizona, 384 U.S. 436, 444; 86 S. Ct. 1602; 16 L. Ed. 2d 694 (1966). In People v Cipriano, 431 Mich. 315, 334; 429 N.W.2d 781 (1988), the Michigan Supreme Court set forth the following nonexhaustive list of factors that a trial court should consider in determining whether a statement is voluntary:

    the age of the accused; his lack of education or his intelligence level; the extent of his previous experience with the police; the repeated and prolonged nature of the questioning; the length of the detention of the accused before he gave the statement in question; the lack of any advice to the accused of his constitutional rights; whether there was an unnecessary delay in bringing him before a magistrate before he gave the confession; whether the accused was injured, intoxicated or drugged, or in ill health when he gave the statement; whether the accused was deprived of food, sleep, or medical attention; whether the accused was physically abused; and whether the suspect was threatened with abuse.
    Talk to your lawyer.

  3. #3
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    28

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Ok Aaron- you made your point and I appreciate it. Your just skipping the crap and going to the point. My mistake. I am just in a rage with all of this. I have searched the net and every time I typed in "retail fraud" this site came up so I thought what the heck. Thanks for taking the time to help.

  4. #4
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    28

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Quote Quoting aaron
    View Post
    Realistically? Assuming you were advised of your Miranda Rights, it's very unlikely that you could get it suppressed.

    Talk to your lawyer.

    IS THERE A WAY I CAN PRINT THIS AND SHOW IT TO MY LAWYER?

  5. #5
    panther10758 Guest

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    You might want to check your miranda rights may not have applied if you were not under arrest at that moment! Far as the coericed confession I "personally" dont see your story meeting criteria for coericion!

  6. #6
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    28

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Well hmmm......my miranda rights were told to me before I had to write the statement. If I would have said i am not speaking with out my attorney at that time could they have arrested me? I know it doesn't apply now but just wondering!!??

  7. #7
    panther10758 Guest

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    You knew your miranda rights and still gave statement! You might be dead inw ater and as stated I don't see the coercion here. Find an Attorney as soon as possible but trying ti surpress your statement may not work. What other evidence do they have on you? I am certain that your statement alone isnt it!

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    If you have a printer hooked up to your computer, then you can print it from your browser.

  9. #9
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    28

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    I did print it- thanks!! I wasn't coerced directly but am claiming I was- in a round about way. Ok- phone call- be back soon. Thanks for all the words. I am just a plain out a dumbass, stupid idiot that got caught!! Looking for loop holes in the system to get me out!! Got any ideas then send them if not tell me to suck it up and deal with it!! Plain and simple. YES they other evidence- its a supercenter full of cameras!!

  10. #10
    panther10758 Guest

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Ok let see if I understand. You committed a theft not caring how it effected store other customers etc!? Now you want to walk! Anyone else see something wrong with this!? The penalty for what you did will likely be minor probation, fines community service, ban from store. Civil Demand although that seperate from court issues. Now one other thing you can look inot is diversion if you qualify this could help keep a conviction off your record. Far as forced cofession you might be wise to not bring that up and otherwise annoy judge but discuss it with your Attorney. I am being polite as is not norm with me on this issue. I find it very annoying that thiefs come here looking for a means to escape punishment for wrongdoping while they scream wrongdoing from others (coericion as example) Discuss your option with your Attorney but I dont see how you will get statement surpressed. I have condicted many such interviews and I can tell you that they are conducted in a way that makes your claim difficult to prove.

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