Legal Question in Criminal Law in Michigan

Hi, I'm 26 and was recently caught stealing nail polishes (silly, I know) from Meijer at a total of $71.86, the LP officer had me sign a voluntary statement and gave me a civil demand letter ($200) and called the police. I was arrested, finger printed etc, but was allowed out on $300 bail. I also have a court date on Nov 23rd in Wayne county. I have already paid the civil demand. I had gotten a ticket about 5 years ago for selling cigs to a minor (completely unintentional) when I was helping my dad out at our gas station. I went to court, and had to pay a fine. I don't know if this is on my record or not. If it is, what is the most likely effect it will have on the outcome of the retail fraud charge? Like being offed a deferred a sentence, etc? I'm a recent grand and am looking for jobs. I really don't want to affect that. I have a lawyer, but he says he won't know until the day of the court date whether or not this is on my record, and that he'll take it from there. Also there any way I can find out what is on my record, by just calling the court?

I would appreciate any answers. Thanks!


Asked on 11/11/09, 10:39 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

You can order a copy of your criminal record from the State Police web site (it's a $10-$15 credit card charge). Go to www.michigan.gov/msp and look for the ICHAT link, and follow its directions. It will give you Michigan convictions that were reported to MSP (usually misdemeanors that are 93-day or 1-yr max-types, and all felonies ... not 90-day misdemeanors, not civil infractions like careless driving).

You can also order your driving record from the Secretary of State's office. Go to a local office ... or check out the info on the SOS web site to order it (http://www.michigan.gov/sos/0,1607,7-127-1627_14648-107635--,00.html).

These should give you all the background info that your attorney would need. (He/she can see what's in the prosecutor's file at the pre-trial conference, but it is never a bad idea to get your own copy ahead of time.)

You are too old for Holmes Youthful Trainee Act status. With a prior misdemeanor conviction, if you get convicted on this charge, you cannot expunge (set aside) either conviction under current Michigan law, which is "your one and only conviction" status, but there's a bill under consideration to relax that strict rule). So, your best bet to avoid a conviction is to see if the court or Wayne Co PA office has a diversion program. The fact that you have a very minimal record so far and have paid the cvil fine, and that what you took was not valuable all work in your favor. But you have no "right" to diversion, and some counties / offices don't have these programs set up so it's hit an miss around the state.

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Answered on 11/16/09, 10:59 am


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