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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Retail Fraud in Michigan

    My question involves criminal law for the state of: Michigan

    I'm 23, unemployed, and outside of what's mentioned in this post, I have no criminal record of any kind.


    Just under 9 months ago, I was caught under the influence (though they didn't seem to realize that) attempting to steal a large bottle of rum late at night (yes, very stupid) from a Meijer. I was given the paperwork and civil damages fee, but was not booked or ordered to court. The Loss Prevention 'officer' who dealt with me implied that he had the same legal power as a police officer and said that he was arresting me. I was sent home with my fee and an envelope in which to send the money, which I did promptly.

    After this incident, I stopped drinking altogether and didn't attempt to shoplift again. I began seeing a psychiatrist for depression and anxiety and started taking medication. After weaning off one unsuccessful medication to replace it with another, I began to drink again, which leads into last week: the week of really bad decisions.

    I pocketed a one-serving container of wine while at a different Meijer in a different city and was stopped by LP at the door. She informed me that she had watched me because she saw me almost a week earlier taking a six pack while I used the bottle return. However, I wasn't stopped or charged for that incident. I cooperated again and was given the same Civil Damages fee and signed the same paperwork, but this time was taken to the police station where I was held until someone came and posted bail. This is considered Retail Fraud in the third degree because the item I pocketed was $6.

    This was the first time I've been taken to the station and the first time I've been ordered to appear before a judge, however it is the second time I've been caught. My questions are:

    1) Does the first incident count as an arrest or as a first offense even though Meijer never pursued legal action, only a fee to reimburse them?

    2) Does the six-pack incident have any bearing whatsoever on my sentencing considering it wasn't pursued? In other words, can it be used against me by the witness who caught me for a later, separate infraction?

    3) Does the impression of habitual drinking and shoplifting that I've pretty strongly implied with these three incidents affect the determinant punishment?

    4) Does this body of evidence I've basically piled upon myself make it impossible to pursue a diversion program?

    I know this post opens up a great invitation for harsh judgments, but I'd appreciate responses with answers... don't worry, I'm sure I'll get mine.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Screwed Am I Retail Fraud in Michigan

    1) No. No cops, no criminal record.

    2) It can be used to establish a pattern of theft. Them not pursuing it at the time means nothing - they've got a year to bring charges.

    3) It may sway the judge towards ordering you into rehab, in addition to whatever else your sentence may be.

    4) Hard to say. You really need to retain counsel to negotiate the best possible outcome for you.

    A suggestion: If the judge doesn't order you into rehab, consider checking yourself in anyway, and have a good sit-down with your therapist. You're clearly troubled and in need of help - best you get it BEFORE a pattern of petty theft turns into something more serious and causes HUGE problems for you.

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