Legal Question in Criminal Law in Michigan
I was arrested yesterday for shoplifting at Walmart. I am 20 years old and took about $60 of merchandise. This was a first time offence. They brought me in the office and told me that there will be no police involved because it is a first offence and that I will get a fine in the mail up to 10 times the amount stolen. Then the police came, handcuffed me and took me down to the station. When I got there they took my belongings, took my prints, and then took a mugshot. Then put me in a cell and left. They never mentioned anything about what was going on, how long I'd be there, or how do I get out. So for three hours I was there not knowing what was going on. Luckily, my cousin who was at Walmart with me called the station and they said I could bail myself out because I am 20. But they never told me anything about that. So an hour later, he called again to see if I was still there (thinking I may not of had the $100 cash on me for bail... little did he know, I didn't even know I could get bailed out). So he came by and bailed me out. Then the police gave my a copy of the ticket and a paper about going to court, saying I had to call within 10 days.
Does all that seem normal? This was my first time in jail so I didn't know much. What should I do? And they didn't even read me my right... I don't know if that even matters.
Thank you.
3 Answers from Attorneys
(1) Police only have to "read you your rights" if -- after you are in police custody -- they want to question you about the crime. the store security officer doesn't have to read you any Miranda rights because he/she is not a government agent. (2) Promises by stores that "police won't get involved" are meaningless because even if it is a purposeful lie does not prevent police or the government from investigating a possible crime. (3) The store can impose a "civil demand" in shoplifting cases of between $50 and $200. The "ten times the value" rule doesn't apply to you because the civil demand can't be $600; the max is $200. (4) The length of time you were in jail is not unusual. The crime you were arrested for allows the jail to advise you of an interim bond about. (5) If you are charged by a prosecutor, talk to a defense attorney in the area before trying to resolve the case in court. The attorney should review the store and police reports, maybe store video or other evidence. (6) Because of your age, you are likely a good candidate for HYTA probation, where you can earn the privilege of having the case dismissed by the court if you successfully complete probation.
It's pretty standard procedures from what you reported. You are facing a 93 day misdemeanor and fines. Reading you your rights is not required unless they want to take your statement.
You are best advised to get a local attorney and try to keep this off your permanent criminal record. If you are in metro Detroit, contact me as I handle lots of these each year.
Contact my office i will advise you.
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