Legal Question in Criminal Law in Michigan

Retail Fraud in Michigan - under $100

I was at a retail store in Michigan and caught for attempting to take a $60 item. I cooperated with the loss prevention personnel. The police were called, and I was charged with a misdemeanor. This is my first offense. The only other thing on my ''record'' is a no-point traffic ticket.

I am in college and in my early 20's

Reading about retail fraud charges, I see that I am being charged with 3rd degree retail fraud, which carries the smallest penalties in MI. I face up to 93 days in jail and/or $500 fine.

What I would like to know is:

Expectations for sentencing?

Where should I find a lawyer?

What are my chances of having a criminal record for the rest of my life?

and mostly,

What is the process of our court system?


Asked on 4/08/06, 8:23 pm

4 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Retail Fraud in Michigan - under $100

Our office web site has a nice explanation of the criminal case process. Go to www.prosecutingattorney.info, and then click on the "Anatomy of a Prosecution" button.

Some counties (like ours in Eaton County) have shoplifting diversion programs, even for adults. Talk to your prosecutor's office and some local criminal defense attorneys.

If you get convicted and it is the only misdemeanor or felony conviction on your record 5 years down the line, then you can petition then (5 years after your shoplifting case is closed ... including probation time) to have the conviction expunged.

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Answered on 4/13/06, 9:59 am
Jeffrey Buehner Jeffrey Buehner, PLLC

Re: Retail Fraud in Michigan - under $100

If keeping the conviction off of your record is a primary concern, you should hire a lawyer. Whether or not it goes on your record depends upon the jurisdiction. Most first offense retail frauds result in fines, costs and probation.

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Answered on 4/08/06, 9:58 pm
Jeffrey Buehner Jeffrey Buehner, PLLC

Re: Retail Fraud in Michigan - under $100

If keeping the conviction off of your record is a primary concern, you should hire a lawyer. I would suggest searching for a lawyer on the internet. Whether or not it goes on your record depends upon the jurisdiction. Most first offense retail frauds result in fines, costs and probation.

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Answered on 4/08/06, 9:58 pm
William Morrison Action Defense Center

Re: Retail Fraud in Michigan - under $100

Assuming you're over 21 (and ineligible for statutory diversion), there may be circumstances which would keep your record clean without a conviction after a period of probation (usually a year). Much of this depends upon the location of the store.

But, if a conviction is entered into your record, you may have it expunged five years after your probation ends.

An attorney can advise you further. See actiondefense.com

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Answered on 4/09/06, 12:45 am


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