Legal Question in Criminal Law in Michigan

Retail Fraud in Michigan - Under $100

I am 18 years old. A friend and I were recently caught shoplifting make up at Target. We cooperated, had our information taken down, spoke to a cop, and were given a citation for Retail Theft 3rd Degree. This is our first offense. We have nothing else on our records other than a parking ticket.

We, nor our families, have the money for a lawyer. We went to our first trial, and the Judge just entered us under a plea of not guilty, even though he did not ask us.

Next, we have our pretrial conference.

Without a lawyer,

What should we do about our plea?

What is the typical sentence for this type of offense?

Will we just the maximum with out a lawyer?

What will having a misdemeanor theft do to our records?


Asked on 12/02/07, 5:50 pm

3 Answers from Attorneys
Peter Torrice Canu, Torrice & Zalewski, PLLC

Re: Retail Fraud in Michigan - Under $100

Many times if this is your first offense you can get it put under advisement for a period of time. After that period of time it will come off of your record. However, you should probably have a lawyer represent you so that you can get the best deal possible. Call me for questions 5862851700

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Answered on 12/02/07, 8:23 pm

Re: Retail Fraud in Michigan - Under $100

You seem determined to continue to make mistakes. Your first mistake was shoplifting. Your second mistake was talking with the cops. Now you want to make your third mistake by thinking you can practice law. VERY DUMB. Find a way to hire an experienced attorney. A criminal conviction could stay with you for the rest of your life.

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Answered on 12/02/07, 10:27 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Retail Fraud in Michigan - Under $100

Some courts or prosecutor offices have diversion programs for shoplifting, which would give you a process to 'earn' getting the charge dismissed.

Otherwise, your best bet is to use the Holmes Youthful Trainee Act. You do not need a lawyer to get this status ... but it's still a good idea to either hire an attorney or apply for a court-appointed attorney who can review your case to see if there are any legal defenses that could be used to get your charge dismissed outright, and if not then make the best pitch on your behalf to the judge for HYTA.

HYTA is a discretionary sentence (some judges use it a lot, others do not) where a person committing a crime between their 17th and 21st birthdays can be put on probation after a conviction and the court can dismiss the charge after a successful probation period. The judge can still impose a sentence (fines, costs, jail, restitution, etc). Read more about this at www.eatoncounty.org/prosecutor.define.htm and scroll down to the "H"s.

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Answered on 12/03/07, 8:25 am


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