Legal Question in Criminal Law in Michigan

Diabetes and Retail Fraud

I am 20 years old and today I was caught taking 2 things of cometics from Kmart. I am a type 1 diabetic and my blood sugar was very low at the time. Can I use this to help protect me. I will pay anything they want I just don't want to go to jail. This is my first time and it was about a $40 value. Is there anything I can do to keep this from going on my record. I am going into elementary education and now I am so scared I will not be able to get a job. The other thing is I can't have children and I am worried this will effect my abality to adopt. Does anyone have any advice?


Asked on 5/31/07, 7:25 pm

3 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Diabetes and Retail Fraud

You probably qualify for the Holmes Youthful Trainee Act (HYTA). This lets a judge put a youthful offender (aged 17-20, like you) on probation and the case can be dismissed if you successfully complete the probation terms.

If you talk to a lwyer about your case, make sure you talk about HYTA! If you decide to handle this yourself, you can still apply for HYTA status. Talk to the prosecutor about it.

HYTA is a discretionary status of the case ... meaning that judges don't "have" to award the defendant this status; the judge "can". Some judges may use it more than others. But 1st offense misdemeanor property crimes seem to fit the bill for it.

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Answered on 6/01/07, 1:24 pm

Re: Diabetes and Retail Fraud

We may have a solution to keep you out of jail and keep you from having a public criminal record. Call me on Friday morning at 1 8667665245.

Chuck Kronzek

www.AggressiveCriminalDefense.com

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Answered on 5/31/07, 9:19 pm
William Morrison Action Defense Center

Re: Diabetes and Retail Fraud

Stop worrying so much! You're not going to jail even if you don't have a lawyer. Retail Fraud III is not the crime of the century. If I knew what city the store is in and the name of the store, I could give you further information.

Also, a lawyer will keep this off your record. There's no need to be scared.

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Answered on 5/31/07, 11:02 pm


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