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  1. #1
    Join Date
    Aug 2008
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    1

    Default Accused, Identified, Scheduled to Appear & I Wasn't Even at the Store

    My question involves criminal law for the state of: Michigan

    I have 2 prior convictions of retail fraud. I'm in my 40's and was having some emotional problems. I received a suspended sentence, fines, court ordered counciling and probation for 15 months. This was over 2 years ago and I've been to counciling and have stayed out of trouble since.

    My problem is that a police officer appeared at my home and told me that I was seen at a store with a man and that I walked out of the store with merchandise that a store clerk grabbed away from me and that I ran away and got away with this guy in his truck. I told the officer that I hadn't even left my home and that it wasn't me. My mother (who moved into my home) was home all day along with my 17 year old daughter and her boyfriend. They can vouch for me that I didn't leave the house. The officer was very rude and continued to tell me that the clerk positively identified me and that they were going to review store video tape.

    After the officer left I was so upset that I went to the store to find out what was going on and was told to leave and to take it up with the police. I thought that once the clerk saw me that she would realize that she made a mistake but she was insistant that it was me. I'm terrified! I thought that all of this was behind me. How can she be so insistent when I honestly wasn't even in the store that day! You have to understand that I'm morbidly obese and can't imagine that someone else could look exactly like me. Is it possible that I have a look alike or is she just trying to pin this on me because she said that when I was in the store a few months ago they thought I acted suspicious because I spent 2 hours in the store trying to match items that were in a bag from another store to their sale items. By the way I spent over $120.00 dollars that day on $4.00 a piece items.

    I was told that they got the plate number of the driver and I never heard from the officer again. I assumed they caught the guilty party and were finished harrasing me. Now I received notice that I'm being charged with retail fraud in the 2nd degree and have to apear for arraignment. In the past I spent $2000.00 for an attorney but don't have that kind of money now. I tried to call the court to find out more about it and was told I would find out at the arraignment. The plaintiff is "The people of the state of Michigan".

    I can't believe this is happening to me and i am just sick with worry. Is there anything I can do? Do I just appear and plead not guilty and ask for a public defender? Are public defenders really good enought to defend me or should I try to borrow the money and hire my past attorney who was very good? If this is going to be a case of my word (and my familys) against theirs and they really do not have video, what are my chances of not being convicted? This is so ridiculous! Please help me???!!!

    Thanks in advance.

  2. #2
    panther10758 Guest

    Default Re: Accused, Identified, Scheduled to Appear & I Wasn't Even at the Store

    You do exactly as you say. You plead not guilty and request a public defender. Then your Attorney request video tape thruogh discovery process and you two review it. And of course your Attorney speaks to those who were with you during the time period of event.

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