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  1. #1
    Join Date
    Apr 2005
    Location
    Michigan
    Posts
    2

    Default Retail Fraud, 3rd Degree

    I received a letter in the mail noting that I was being investigated on a drive off, not paying for gas. I contacted the investigator and told her that I didn't think it is was me because I cannot put that amount of gas in my tank because it leaks. She never got back with me.

    Two weeks ago I was taking my god-son out for a going away dinner and was stopped for a light out on my license plate. I then learned that a bench warrant was out for my arrest for shoplifting. ME? shoplifting? I went to jail, bailed out and received a paper with what I had been charged with. I had no idea what it meant. I hadn't shoplifted anything.

    As I find out it was a bench warrant for the gas they say I didn't pay for. I recently went to court and pled not guilty and the judge asked about my past which is quite lengthy from you youth-20 years ago. He shook his head as if I was guilty because of my past. The prosecutor has informed me that my license will be suspended if I am found guilty so I have no other choice than to have a jury trial and hope the good citizens can see that I have spent 20+ years trying to keep my nose clean and the cops seem to keep finding somethng to slap on me.

    IE: I was stopped for the same light on the license plate and I informed the cop of what I was drinking after he asked. Non-alcoholic Beer. He told me if that was the case I wouldnt contest to a breathalizer then? I said no sir. It came back "0" and he was pissed. He sat in his cruiser for some time and came back to my car and said have a nice day as he slammed my door and hit my elbow. Of course I was upset but, I swallowed and went about my way.

    At the hearing, I was informed of the charges and told that I went into the gas station and purchased a beer and paid for it and then left without paying for gas. Does something sound funny with this? I had my daughter with me like I always do and she pumps gas while I pay. If I intended to drive off do you think I would go in and buy a beer and just leave without paying for gas? Risk my daughter's well being? The prosecutor has also informed me that conviction of this results in automatic suspension of my license with no restrictions. AND they want this case settled as soon as possible, and he stated they are moving fast to convict. WHAT DOES THAT MEAN? They think they have a live fish and an easy win so get it done as fast as you can because of my past criminal background from 20+ years ago?

    Questions:

    1. Does a ticket or conviction have to be issued and presented to me before issuing a bench warrant? I had no idea I had a charge against me.

    2. How many years can they go back on when referrencing my record to use it in this case against me.

    My goodness, I have spent the better part of 20 years trying to keep my nose clean and make the best possibly life for my daughter, and yes I am a single father, her mother just passed away last october from lung cancer. In part I am happy for that but sad too. I was getting tired of dealing with her meth habit and taking my daughter to CA then I had to pay to bring her back to Michigan where I have custody of her.

    Any help would be appreciated. If you know of any legal aid for low income single fathers I would appreciate that also.

    Thanks
    Mike

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

    Default Re: RETAIL FRAUD, 3RD DEGREE

    If you went into the store to buy a beer, your daughter pumped gas while you were in the store, and nobody paid for the gas, perhaps that is the basis for the charge? There may be surveillance video - if nobody from your car pumped gas, and there is a surveillance video, you should be able to easily clear yourself, so it is worth checking.

    Quote Quoting MWShields
    1. Does a ticket or conviction have to be issued and presented to me before issuing a bench warrant? I had no idea I had a charge against me.
    Ordinarily you would be issued some form of ticket or notice. You may wish to check the court file to see if there is any claim of an attempt at notification, although it really won't make a difference to the validity of the charge.

    Quote Quoting MWShields
    2. How many years can they go back on when referrencing my record to use it in this case against me.
    It depends upon the circumstances, but ordinarily no more than ten years from the date of conviction or, if later, release from confinement.

  3. #3
    Join Date
    Apr 2005
    Location
    Michigan
    Posts
    2

    Default Re: RETAIL FRAUD, 3RD DEGREE

    [quote="aaron"]If you went into the store to buy a beer, your daughter pumped gas while you were in the store, and nobody paid for the gas, perhaps that is the basis for the charge? There may be surveillance video - if nobody from your car pumped gas, and there is a surveillance video, you should be able to easily clear yourself, so it is worth checking.

    I have been oredered to stay off the premises of the gas station. Is there anyway for me to find out if they had surveillance without breaking the ban on going to the property? I'm not even sure if I can contact them. Perhaps I can write a letter requesting a copy of the surveillance tape?

    Mike

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Obtaining Evidence

    If you have a lawyer, your lawyer may be able to obtain any surveillance video. If you do not have a lawyer, you should consider either hiring a lawyer or petitioning the court to appoint a lawyer on your behalf.

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