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  1. #1
    Join Date
    Oct 2007
    Location
    Michigan
    Posts
    34

    Default Retail Fraud Charge Turning Into Unarmed Robbery

    First of all, this happened in Michigan.

    Person enters a retail store. Locates a fan, like a box fan you use to stay cool. Opens the box, removes the fan and puts other contents into said box and exits store.

    Person returns later after shift change and buys box.

    Upon exiting the store they are confronted by two security guards, one of which is like 80, and the other who is a female. Now this guys a pretty good sized guy who he runs, gets to his car and gets away.

    They get his plate though and a warrant is issued.

    Well, not having any money and no job, he gets a court appointed attorney. Not that its important, but the only reason he was stealing was because he didn't have a job.

    Anyway the court appointed attorney wouldn't return phone calls, wouldn't have a meeting etc. He saw him AT court. Well, he gets to court and basically gets railroaded.

    His attorney tells him that unless he takes a plea for larceny from a building RIGHT NOW THIS VERY SECOND without any time to think about it, the prosecuting attorney is going to charge him with two counts of unarmed robbery, one count each for each security guard who tried to stop him.

    The plea was taken to avoid the two count charge. The plea taken is still a felony though.

    The person who took the plea is going to school to be a psychologist with LEO background and it would seem his life it pretty much screwed now.

    This persons girlfriend is TA at one of the local university's, she works in the criminal justice department and spoke to some friends in the local prosecutors office that know the prosecutor where this happened and has been told this guy is ruthless at piling on charges.

    At this point is seems like the whole thing is done. Sentencing is still to come though but is there anything that can be appealed here? If not how long will it take to get this removed from a persons record? It's a single felony count on a person who has NO record.

    Just seems like the legal representation was very much lacking. The court appointed attorney didn't give a crap.

  2. #2
    Join Date
    Oct 2007
    Location
    Michigan
    Posts
    34

    Default Re: Question about retail fraud turning into unarmed robbery.

    Almost forgot, 15 separate calls to the court appointed attorney, not one was returned. Only time the attorney was talked to was the DAY of court.

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

    Default Re: Question about retail fraud turning into unarmed robbery.

    Assuming they otherwise have a clean record, after the five year waiting period expires, the person can petition for expungement.

  4. #4
    Join Date
    Apr 2006
    Location
    In the camera room of course!
    Posts
    5

    Lightbulb Re: Retail Fraud Charge Turning Into Unarmed Robbery

    You're ignoring one simple fact, according to your story, the person DID IT. Just because someone has never been caught before, doesn't mean that they should automatically get a slap on the hand. In fact, by the method of theft you described, they've probably done this several times and got away with it. Rarely does a thief start out this bold, they usually start out with more simple methods of theft and work their way up. Looks like karma finally caught up to someone.

  5. #5
    Join Date
    Oct 2007
    Location
    Michigan
    Posts
    34

    Default Re: Retail Fraud Charge Turning Into Unarmed Robbery

    Yes it's not in question if he did it or not. He did it, got caught.

    I'm more wondering if he can do anything because his legal defense was a joke. This lawyer didn't even try to work him out a better deal. His lawyer made him take the first thing the PA offered without even a chance to think about it.

    Seems like there is nothing he can do but wait and try to have it removed from his record.

    This is why I stopped doing stupid stuff a long time ago lol. It's just not worth the trouble once you become an adult.

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