Legal Question in Criminal Law in Michigan

My question involves criminal law for the state of: Michigan

Currently I'm 17 and in Michigan I am considered an adult. I was caught while in the process of shoplifting items that were valued at about $130 at a small business, I was given a misdemeanor ticket and sent on my way by the police. My first question is if I'm really guilty of my crime. I put the items under my shirt and the owner of the store saw me and called the police. I would not have gone through with stealing the stuff, but obviously my word isn't enough on that. My main thought is that I hadn't passed the register or anything like that, I think in some states that means I'm not guilty, is Michigan one of those states? Am I actually guilty since I didn't leave?

If I am guilty, should I plead not guilty and try to lessen the crime? I can't afford a lawyer on top of the other fines I'm sure I'll have to pay, does the court appoint one in these cases for free? I am currently in the enlistment process for the Marines, if I told the judge that would I get any lenience? I am -basically- a first time offender. When I was 13 I had a knife at school but I went to teen court for that and it is nowhere on my record now, when I say nowhere I mean it's completely gone. I had been FBI background checked and everything for my Marines enlistment and nothing about it popped up so I assume it's gone, does that mean I'm a first time offender? Will my punishment be lessened more if I am?

One other pretty big question is, will I go to jail? I have never heard of it happening to people really but I assume it does happen. I wasn't even arrested by the police though and was fully cooperative, what are my chances?

I'm sure I will have a few more questions to add to this so if someone gets back with me soon I will hopefully be able to ask them, in the mean time more input is appreciated. It really was just a quick lapse in judgement and I wouldn't have gone through with it, but I'm just trying to make the best of a bad situation at this point.

-Thanks


Asked on 7/11/12, 9:00 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Yes, you re guilty based in your factual description. Court appointed attorneys are not free, you have to repay the cost to the court. I doubt you would go to jail, but I also know the military will not take you if you are on probation. Hope this helps.

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Answered on 7/11/12, 10:52 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

It is a myth that you "have to pass the cash registers" to be guilty of shoplifting. Shoplifting (or, retail fraud, as our law is actually called) happens when you commit a larceny of for-sale merchandise in a store while it's open for business. And a larceny happens when you take control of and move the merchandise with the intent to steal it. Here, your act of hiding it under your shirt is amble evidence of your intent to steal. You might have changed your mind later (like after you got caught) but that doesn't un-do the elements of the crime already having been proven from your earlier acts. Due to your age, you should consider asking for HYTA status -- a youthful offender probation where the judge can dismiss the case after a successful probation period. You should also talk to a criminal defense attorney in your area, whether hired or court-appointed (make sure you have a copy of the police and store security reports) to see if you actually have a legal defense and whether HYTA is the best option for you.

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Answered on 7/12/12, 5:25 am


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