Legal Question in Criminal Law in Michigan

Retail Fraud, Third Degree.

I just received a notice about my conviction of retail fraud in the third degree in Sterling Heights, Michigan. I am currently on probation for minor posession of marijuana in St. Clair Shores Michigan, I am a 21 year old female and I am wondering if my probation will have any effect on the severity of my sentence for retail fraud, 3rd degree, in Sterling Heights, Michigan?


Asked on 10/16/08, 9:20 pm

3 Answers from Attorneys

William Morrison Action Defense Center

Re: Retail Fraud, Third Degree.

It's the other way around as your CSC III is a violation of probation and you may lose your 7411 status (i.e. assuming you were granted 7411 status on your possession charge).

If 7411 is revoked, you'll lose your operator's license for 6 months and may face jail time.

You apparently did all this without a lawyer and now likely will have 2 crimes permanently on your record.

At least get a court appointed lawyer before you get in front of a judge again.

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Answered on 10/16/08, 9:40 pm

Retail Fraud, Third Degree.

Prior criminal convictions may indeed have an effect on subsequent sentences. You should have an experienced and aggressive attorney help you with this problem. Read more about this at:

www.AggressiveCriminalDefense.com

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Answered on 10/16/08, 10:38 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Retail Fraud, Third Degree.

Yes. Any time you commit a new crime while on probation for an old crime, there is a ripple effect on both cases.

The old case is affected because you have violated terms of your probation by committing a new crime, and the judge can actually RE-sentence you for the original crime and impose higher sanctions, or keep the same terms while adding additions sanctions/terms (like extending your probation term, putting you in jail for X days, adding community service). All of this is a penalty for violating the probation term that says "do not commit a crime in any jurisdiction while on probation".

Also, the sentence for the new crime may be slightly higher in the eyes of the new case's judge because you proved yourself to be a risky probationer already. So, you may well get a (slightly?) harsher sentence for your Retail Fraud case than another person who did the exact same crime but had no prior record, or was not on probation at the time. Will you get "the max"?? It's very unlikely, if you have just these two convictions.

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Answered on 10/17/08, 8:03 am


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