Legal Question in Criminal Law in Michigan

A relitive of mine plead not guilty on 2nd degree retail fraud. She was bonded out but the judge gave her a 6:00pm curfew and said "I don't want you going to any retail store anywhere at all" I was wondering if he actually has the ability to ban someone from all stores instead of the actual chain stolen from or if what he said holds no value?


Asked on 4/11/13, 1:35 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

As a condition of bond, the Judge can order anything they want. This is a fair but tough approach and it beats being in jail awaiting trial.

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Answered on 4/11/13, 1:43 pm
William Morrison Action Defense Center

...and, if she gets caught violating her bond, she will be very unhappy.

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Answered on 4/11/13, 6:11 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The judge can order this because the judge is essentially prohibiting the defendant from being in a place where the same temptation (shoplifting) might kick in. It's the same risk when a drunk driver defendant is banned on probation from being in an bar, tavern, etc ... because of the risk that being around booze and people boozing it up might result in a relapse. It's not enough to just ban the drunk driver from the exact bar(s) where he got drunk the night of the crime.

Shopping in retail stores is a privilege, not a right,and forfeited that right by stealing merchandise. This person will have to get by with shopping on Amazon.com, or ebay, or Craig's List until the probation term expires.

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Answered on 4/12/13, 5:24 am


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