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  1. #1
    Join Date
    Mar 2010
    Posts
    5

    Exclamation Michigan Shoplifting Incident

    My question involves criminal law for the state of: Michigan

    I have been through SO MANY threads to see if I could find one that relates exactly to what happened to me and I cannot find one.

    Earlier today my friend, 19 years old, and I, 18 years old, got caught taking a pair of shoes--we each had one pair--at Sears in Sterling Heights.

    We were taken to the loss prevention office, the paperwork was filled out, our pictures and pictures of the merchandise we each took were taken, and they explained to us the process of the civil demand.

    We both only took one pair of shoes and the price of the shoes was under $50 so one of the guys explained to us that we each would be mailed a statement explaining about the what happened and how much we had to pay and how to make arrangements on when and how to pay it back. He informed us of the no less than 50 no more than 200 rule and all of that, the ramifications of not paying the civil demand, and then he had each sign a paper stating that we understood what was going to happen and that we were aware of what we needed to do.

    After all the paperwork was finished a police officer came in and asked the loss prevention people a couple of questions. *Mind you through this entire process we were totally cooperative, didn't resist or deny anything, answered all questions truthfully, and gave no one any problems.* She then checked to see what our records look like, and it was confirmed that both of our records were squeaky clean. She asked us where we lived specifically--mile road and such--if we had ever done anything like what we did before, how we knew each other, and then she handed us a small white sheet.

    This is where I need some insight:

    She handed us the small slip of paper and it states this:

    PROCEDURES FOLLOWING COMPLAINT OF RETAIL FRAUD OR RELATED MISDEMEANOR

    Your Case Number#_______

    You have been released at the scene involving a complaint of retail fraud or a related misdemeanor. The appropriate Prosecuting Attorney will review your case and the Court will issue a warrant for your arrest.

    When the court is issued the warrant, and the paperwork is received by the Sterling Heights Police Department advising you that the warrant was issued. This will be the one and only correspondence you receive pertaining to the criminal complaint. You should receive this letter in 4-6 weeks.

    Once you receive the letter it is important that you respond as soon as possible Once the Department receives the warrant it is entered into a nationwide law enforcement database as a valid outstanding warrant. Any law enforcement official may enforce this warrant. The contact information for the officer in charge will be noted on the letter. You must make an appointment with the officer in charge once the warrant has been issued.

    Civil demands made by the store and businesses are handled separately and have nothing to do with criminal prosecution.

    Sterling Heights Police Department
    Criminal Investigations Division
    586-***-****

    After she handed us the sheet stating all of this, she said we would NOT be arrested and was free to go once she was finished talking because of the low price amount of the items and because both of our records were clean. She stated everything that the sheet says in her own words, and then she escorted us out of the back of the store and let us go. We were not arrested or anything, she did not take any information from us, and again, the only thing that was done was a run of our licences to see if we had anything on our records which we did not.

    My problem is that I understand what the sheet says, but I have no idea how it will affect me...
    I called the number but the woman that talked to me was not able to answer the questions that I have.

    I understand perfectly what will happen on Sear's end as far as the civil demand goes and I as well as my friend are prepared to pay it as soon as it comes in the mail.

    So, these are my questions. Again, I have read many threads on this and most if not all dealt with the police and being arrested and such, dealt with no police at all, or police were involved and the small, white slip that was given to us was not given. After reading for yourself what the sheet says:

    1. What should we expect? Worst case scenario as well as the best thing that could happen...

    2. Will charges be pressed? Will we have to go to court?

    3. I read about the three degrees of retail fraud...do we fall under any of them and if we are what will happen?

    4. If we do not fall under any of them will we have to deal with anything other than the civil demand?

    5. All in all, can someone PLEASE explain in detail EVERYTHING that will happen from this point on?

    I have NEVER, EVER done this before and what happened today was THE BIGGEST reality check of my life thus far. It was so stupid and completely unnecessary, and I am stressing myself out trying to rationalize and figure out how this will all play out. I just need some clarity so I can have at least a little peace of mind so I know how I should go about dealing with this. UGH

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Michigan Shoplifting Incident

    We have answered these questions a hundred times... a week.

    Quote Quoting bridge
    View Post

    1. What should we expect? Worst case scenario as well as the best thing that could happen...
    Worst case. Prison. Highly unlikely but possible.
    Best case. Found not guilty. Highly unlikely but possible.

    2. Will charges be pressed? Will we have to go to court?
    Charges have been filed. You will receive a summons to court. Do not miss court.

    3. I read about the three degrees of retail fraud...do we fall under any of them and if we are what will happen?
    yes you do. At $50, you fall under the lessor of the charges.

    4. If we do not fall under any of them will we have to deal with anything other than the civil demand?
    You DO fall under retail fraud. You stole.

    5. All in all, can someone PLEASE explain in detail EVERYTHING that will happen from this point on?
    I thought you said you read all of the other threads.

    Why would you be any different than any of the thousands of other people that come here?

  3. #3
    Join Date
    Mar 2010
    Posts
    5

    Default Re: Michigan Shoplifting Incident

    I did read the other threads and they all are the exact same situation but I did not find one where someone received the sheet that i received or was told exactly was was listed on the sheet.

    From the various ones I read many were actually arrested and fingerprinted and everything and got tickets and such, whereas I was not arrested and I was not issued a ticket on the spot or anything. I had a hard time connecting others' situation with my own as far as the ending outcome goes because the steps in between mine and others were not EXACTLY the same. It's mainly out of frustration with myself and stress...and wanting to understand everything.

    Basically the main...and really the only...thing I wanted to know is what would I would be looking at in the future as far as the slip I got goes and you answered that. Thanks.

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