Legal Question in Criminal Law in Michigan

My 13 y/o son was caught shoplifting at walmarts with my daughters 21 y/o boyfriend.

The police arrested the 21 y/o and the store told me that if I pay $200 restitution for movies (tried) to steal, they will not press charges on my 13 y/o...

That sounds like extortion to me? Can that do that?


Asked on 4/17/11, 11:34 am

6 Answers from Attorneys

Jules Fiani Law Offices of Jules N. Fiani

Call me immediately for professional and personal care...810-227-7200

Jules N. Fiani

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Answered on 4/17/11, 12:23 pm

We have helped MANY people all over Michigan with shoplifiting cases. Your son might be falling into a dangerous trap.You should hire an attorney to help protect him. You can read more at:

www.AggressiveCriminalDefense.com

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Answered on 4/17/11, 12:34 pm
Timothy Klisz Klisz Law Office, PLLC

They can demand the $200 whether there are charges or not. There is a statute on point which allows this. Kliszlaw.com. Tim Klisz

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Answered on 4/17/11, 2:56 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The statute allows for a civil recovery fee of 10 times the value of the merchandise stolen up to a total fee of $200. It's to reimburse stores for the costs associated with investigating shoplifting. but it is not a substitute for criminal prosecution, and is also not "restitution" for merchandise that's taken or damaged. That said, if police were not called in originally, the store (like any victim) can decide to not contact police after the fact, and what police do not know about they can't investigate, and prosecutors cannot consider charging.

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Answered on 4/18/11, 5:37 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The statute allows for a civil recovery fee of 10 times the value of the merchandise stolen up to a total fee of $200. It's to reimburse stores for the costs associated with investigating shoplifting. but it is not a substitute for criminal prosecution, and is also not "restitution" for merchandise that's taken or damaged. That said, if police were not called in originally, the store (like any victim) can decide to not contact police after the fact, and what police do not know about they can't investigate, and prosecutors cannot consider charging.

Read more
Answered on 4/18/11, 5:37 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The statute allows for a civil recovery fee of 10 times the value of the merchandise stolen up to a total fee of $200. It's to reimburse stores for the costs associated with investigating shoplifting. but it is not a substitute for criminal prosecution, and is also not "restitution" for merchandise that's taken or damaged. That said, if police were not called in originally, the store (like any victim) can decide to not contact police after the fact, and what police do not know about they can't investigate, and prosecutors cannot consider charging.

Read more
Answered on 4/18/11, 5:37 am


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