Legal Question in Criminal Law in Michigan

Re: Retail Fraud

"Mere presence" in the vicinity where someone else commits a crime is not itself a crime. If you were charged, the prosecutor must have thought there was compelling evidence that you aided/abetted the other person in doing the shoplifting. Sometimes, this means acting as a look-out.

Aiding/abetting means that you did something to help or encourage another person in committing a crime ... and that you intended to help or encourage. So, there is a knowledge/intent element that the prosecutor will have to prove. Your friend's comment is evidence that contradicts the prosecution's theory, but there may well be evidence that still proves your involvement beyond a reasonable doubt. Many shoplifting cases are caught on security video, and that tape doesn't lie.

If you did this, it will probably be viewed as a probation violation, and you can be punished separately for the PV and for the shoplifting crime (assuming you are convicted).

You should probably ask for an appointed attorney on your retail fraud charge, and in any probation violation action.

Re: Retail Fraud

you would certainly have to defend the case, up to and including trial if necessary. If the matter is in SE Michigan, contact me at www.kliszlaw.com to discuss your options. Tim Klisz

Re: Retail Fraud

I recommend you immediately hire an experienced, touch attorney to protect you from these bogus charges. For more information, go to:

www.AggressiveCriminalDefense.com