Legal Question in Criminal Law in Michigan

Retail Fraud in Michigan - Under $100

Tomorrow morning my friend and I are going into a pretrial conference for misdemeanor theft. We were each caught shoplifting $20 - $30 of merchandise from Target. We have spoke to several lawyers and have gotten some advice on the situation. We have each written letters to the judge and prosecutors apologizing for our actions. We have also proposed the Holmes Youthful Trainee Act in our letter as well, because we are both 18, and this is our first offense, and an attornery said the judge we have will respond positively towards a personally written letter.

We now have a few questions about the pretrial conference tomorrow morning. In order to get the Holmes Youthful Trainee Act, do we plead guilty? Or no contest?

Should we give our letters to the prosecuter? How do we go about submitting our letter to the judge? Should we write one letter for the both of us? Or two individual ones?

Do we propose the HYTA or will it be offered? What would be the best way to obtain this prosecution?

Are there things we should avoid saying in our pretrail conference?

Is there any way we can avoid going to court again after this conference?

Will my friend and I be seen together? Or seperately?

Thank you.


Asked on 12/13/07, 5:09 pm

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

Re: Retail Fraud in Michigan - Under $100

To get HYTA, you must be "convicted" ... so you'd have to plead guilty or no contest, or be convicted in a trial. No contest pleas are reserved for cases where the defendant no longer has a memory of the event (maybe b/c he/she was intoxicated or has suffered a head injury and has amnesia) OR if there's a likely civil lawsuit for this case (where the defedant's words in a guilty plea would be used against him/her). Neither situation is likely here, right?

Whatever you give the judge you should give the prosecutor. It can be the same letter.

The defendants might well be handled separately at this stage. the HYTA decision is an individual call, since each of you have different backgrounds. but, if there was a trial, you might well be tried together.

For more info on HYTA, go to www.eatoncounty.org/prosecutor/define.htm and scroll down to the "H"s.

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Answered on 12/14/07, 1:34 pm
William Morrison Action Defense Center

Re: Retail Fraud in Michigan - Under $100

Kids (and you are kids), you're screwing around with your future.

Have you received your letters from the store demanding $200 as civil damages? Did you pay?

Do your parents who spent thousands of dollars on your education know about your charge yet?

Because, if they don't, they soon will. And, if you screw this up, maybe the future and the education they had planned for you won't be possible.

HYTA is one way out, but did you know a future employer can still pierce HYTA?

Think about how many lives will be

affected if you don't get this right.

Your collective idea about a joint letter is just short of moronic. Judges don't like no contest pleas from kids because they appear to be an attempt to avoid responsibility - which is a childish act.

At least ask for a court appointed attorney. It's not the best choice, but it's better then the one you're making.

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Answered on 12/14/07, 7:46 pm

Re: Retail Fraud in Michigan - Under $100

The free advice that you are given by lawyers is sometimes worth exactly what you paid for it.

I recommend that you have an experienced attorney represent you unless you feel well qualified to practice law.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 12/13/07, 5:13 pm


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