Legal Question in Criminal Law in Michigan

Re: Retail Fraud First Offense, MI

Do not plead guilty or no contest at your arraignment unless the magistrate (or judge) allows you to plead so that you will end up with no record after a short (6-12 months) probation. HYTA is one way if you're under 21. These deals are usually offered at a pretrial hearing.

If this is unclear, get a lawyer.

Get your head together. This is no time to assuage your guilt by hastily blurting out a guilty plea.

Also be advised that you'll probably get a bill for $200 from the store or its attorneys. Don't pay it untill you get further advice.

Re: Retail Fraud First Offense, MI

First, even as a non-defense attorney, I think you need to slow down and think before just pleading guilty. Any criminal conviction -- even a misdemeanor like Retail Fraud 3rd Degree -- can have a ripple effect for your future.

Second, you should consult with a criminal defense attorney about the case details, possible defenses, and options for how to handle your case. Many attorneys have free initial consultations, or nominal fees. You can also aplpy for an appointed attorney at your arraginment. You might still decide to plead, but at least with this defense assessment of your case you can rest easier knowing that you didn't have any other viable options left over.

Third, if you are 17-20 years old, and have no priors like you say, your judge would probably put you on Youth Trainee Act probation. The benefit? At the end of the successful probation, your case would be dismissed and you would not be convicted. Even if YTA isn't available (e.g., because you don't fit that age range), the court or prosecutor might have a retail fraud diversion program like ours in Eaton County (www.eatoncounty.org/prosecutor/ecu.htm) which can keep you from having a conviction ... although ours is usually used before a charge is issued.

Fouth, a no contest plea is the equvalent of a guilty pled in so far as both result in the same kind of conviction and sentence. But, a no contest plea (nolo contendere, in Latin) is used only when (i) the defendant does not remember the facts and cannot recite a factual basis, or (ii) there is the potential of a civil law suit from the case and a verbal fact recital in a guilty plea could be used against you in the civil case. If neither cases apply, then you'd be entering a guilty plea.

Good luck.

Re: Retail Fraud First Offense, MI

You should immediately see an attorney. You are not qualified to practice law. You are not qualified to determine whether you meet the statutory definition of being guilty of the crime charged. You are not qualified to determine whethere there are possible defenses available to you. You are not qualified to determine what options are available to you.

I recommend against going through life with a theft conviction on your record.

For more information, go to:

www.AggressiveCriminalDefense.com