Legal Question in Criminal Law in Michigan

retail fraud in the third degree

I was just arrested for retail fraud for an item costing 60 dollars. I was told that based on this I could serve up to 93 days in jail and a fine up to 500$ or three times the value of the item. I have never committed a crime before or even gotten a speeding ticket. I'm 20 years old and scared stiff about how this could haunt my future. I'm currently a college student how is looking at applying to grad-schools.

my questions are:

1. could I actually face jail time?

2. will this go on my criminal record and if so how will this affect me?

3. should I contact a lawyer

4. I plan on pleading guilty to the crimes is this a good decision?


Asked on 3/26/09, 12:36 pm

4 Answers from Attorneys

William Morrison Action Defense Center

Re: retail fraud in the third degree

1. could I actually face jail time? No.

2. will this go on my criminal record and if so how will this affect me? There is a way to keep this off your record.

3. should I contact a lawyer Yes.

4. I plan on pleading guilty to the crimes is this a good decision? No.

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Answered on 3/26/09, 9:32 pm
Lynn Dorio Lynn D�Orio, JD, PLC

Re: retail fraud in the third degree

You probablu will not go to jial. You will most likely end up with probation. Yes, a conviction will go on your record. However, see whether the court has a first offender program for retail fraud. If you successfully complete the program, there will be no criminal record (for the public). You also qualify for Holme Youthful Trainee Act ("HYTA"). It works the same way as a first offender program.

I do recommend that you have an attorney.

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Answered on 3/26/09, 1:06 pm
James Schmier Law Office of James G. Schmier, PLLC

Re: retail fraud in the third degree

This is probably a time to get an attorney and may be a good investment in terms of the fines you pay and the penalties you may receive. An attorney may be able to negotiate with the prosecutor to get the case taken under advisement and get probation without it remaining on your record permanently. Our office has experience in dealing with shoplifting and may be able to help you. Contact us at 248.705.3742 or www. schmierlaw.com

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Answered on 3/26/09, 1:08 pm
Timothy Klisz Klisz Law Office, PLLC

Re: retail fraud in the third degree

You should certainly not plead guilty! That would certainly go on your permanent record. You need an attorney for this to make sure this goes the right way. If in SE Michigan, contact me to discuss. Tim Klisz

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Answered on 3/26/09, 1:14 pm


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