Legal Question in Criminal Law in Michigan

Am I guilty of retail theft? My rights?

On May 16th, I was shopping in a Meijer store. I bought my daughter nachos and went to the garden center to look at types of soil for my garden. The employee was helping me. I went outside the gate to look at the soils and the flowers when I was surprised by someone flashing a badge type thing asking me to go back into the store. I followed them in. In the end they had me sign a piece of paper saying I went past all points of purchase, which I did because I did but I DID NOT steal or attempt to steal anything. My 7 yr old deaughter was with me, crying because he told me that human services would be involved to inspect my home and determine if my children should stay with me. I was arrested. No prior record and scared to death. They added up all the merchandise in my cart and was charged with retail theft in the 2nd degree. Should I be worried about going to jail? What do I need to do? My fiance says to fight but I want it gone and will except probation but I will not go to jail for something that I had no intention of doing. Thank you and any info would be appreciated.


Asked on 5/21/02, 6:24 pm

2 Answers from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Am I guilty of retail theft? My rights?

It sounds to me like you ran into a loss prevention officer that was over zealous. These LP officers at Meijers, Target, Home Depot, etc. tend to believe they are empowered to do almost anything and take matters much farther than necessary. If you are innocent then you should fight it. I can discuss all your options with you. Please don't give in. You need legal representation. Call me at my office (248) 737-7000 or on my 24 hour pager (800) LAW-6685. If anything, just call for some simple advice.

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Answered on 5/21/02, 11:12 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Am I guilty of retail theft? My rights?

Retail Fraud is a theft charge. It requires proof that you took possession or control of store merchandise with the intent to steal it. That intent can be proven by what you did or said. In many cases, this is easy to prove, because the person conceals the merchandise (in their pants, in their purse, etc.). In other cases, people boldly load up shopping carts and push them out the door without paying.

You don't have to get "off the property" before you're guilty. Taking items past the cash registers is evidence of an intent to steal, but it is not conclusive proof. As a prosecutor, I have seen countless cases where people say, "I forgot my wallet and was pushing my cart to the car to get the money, and then I was going to come back and pay!", or "I put these new shoes on and left my old ones back in the box in the store, and was just 'trying out' the shoes to see if I wanted them", or other similar bogus stories.

In your case, if your facts are as you reported, and you did not leave the Home & Garden area (or the adjacent stacks of merchandise on the other side of the fence), and did not wheel your cart into the parking lot toward your car, and were with a store clerk, Meijer (and the prosecutor) will have a hard time proving beyond a reasonable doubt that you were intending to steal the stuff in your cart.

Get a copy of the police report and the report from Meijer's Loss Prevention. Find the clerk who was working with you. These will help you learn what the other side says the facts are.

Don't plead guilty if you don't think that you are guilty. I encourage you to talk to an attorney who handles cirminal cases, and can review your facts, the store's facts, and your rights and options.

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Answered on 5/22/02, 9:11 am


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