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  1. #1
    Join Date
    May 2007
    Posts
    4

    Exclamation Shoplifting in Elder-Beerman

    Hi guys:

    This is my first post - and unfortunately not a nice story here. My friend who is a 26 year old female - went to the store this afternoon, and in a moment of weakness decided to shoplift some stuff and screwed up BIG TIME. the total price - 404.00$

    She was stopped on her way out and was given the usual treatment - a trip to the security office and asked to sign some papers. The police were then called and she was taken to the local police station, where she was finger printed and also photographed. Her court date, I think is the 7th of June, 2007. She regrets what she has done.

    I was wondering what is the best course of action in this situation? She has a kid and doesn't want jail time. What happens in Michigan?

    IS there anyway you can settle with the store outside of the court and make a deal, by paying fines or anything of that sort.

    Thanks in advance for your help guys

    Sunny

  2. #2
    panther10758 Guest

    Default Re: Shoplifting in Elder-Beerman

    Your "friend" needs to hire a criminal defense Attorney right away as she faces felony charges!

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Shoplifting in Elder-Beerman

    It would most likely be charged as Retail Fraud 2nd, a one year misdemeanor (MCL 750.356d). You should not expect the store to be wiling to "settle" - charges have been filed, and they are entitled to a civil recovery (MCL 600.2953) anyway. Her disposition (sentence) will depend in part upon her criminal history. If she has none, she is most likely to get a sentence of probation, fines, and possibly community service or a county work program.

  4. #4
    Join Date
    May 2007
    Posts
    4

    Default Re: Shoplifting in Elder-Beerman

    Thanks a lot guys:

    she has no prior records of any sort. also the court ticket says Retail Fraud 2nd degree and it says Misdemeanor ticket or something at the very top of it.

    I have told her to contact an attorney right away and she is in the process of doing this. are there any diversion programs for 2nd degree fraud?

    thanks

    Sunny

  5. #5
    panther10758 Guest

    Default Re: Shoplifting in Elder-Beerman

    are there any diversion programs for 2nd degree fraud?
    That is a question for her Attorney

  6. #6
    Join Date
    May 2007
    Posts
    4

    Default Re: Shoplifting in Elder-Beerman

    Well.. the news here is that after calling a whole bunch of attorney and setting up appointments - they said that given the fact that she has no prior record - she might get 6-9 months of probation and community services. there is a Deferral program in this county and her record will be expunged in 5 years- that is the best case scenario. worst case - i will not even go to that depressing outcome...

    I was wondering what is the difference between a diversion program and a deferral program?

    thanks

    Sunny

  7. #7
    panther10758 Guest

    Default Re: Shoplifting in Elder-Beerman

    Diversion programs vary. Suffice it to say most programs dismiss your charges once conditions.

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

    Default Re: Shoplifting in Elder-Beerman

    Diversion programs are not available everywhere, and even when they are available there may be conditions on participation which not all defendants would meet.

  9. #9
    Join Date
    May 2007
    Posts
    4

    Default Re: Shoplifting in Elder-Beerman

    Yes:

    a pre trial deferral program might be available in this case. and the attorney will be able to guide her in this matter.

    also i was reading an earlier post - where a member had posted something similar here http://www.expertlaw.com/forums/showthread.php?t=606

    this pretty much seems to be the case with my friend. she had suffered for many years at the hand of her abusive ex boy friend - and he has not paid child support in many years. she is certainly depressed just worrying about the kids and the future. I do agree - that this is no reason for anyone to shoplift - would the prosecutors and others at the court take that into consideration at all?

    thanks

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