Legal Question in Criminal Law in Michigan

Retail fraud, 3rd degree misdemeanor, MI

I was at a kmart in madison heights, MI where I was caught shoplifting for $46 after purchasing $70 or so of items. Security had the madison heights police come who issued me a incident number and told me to call the next day. They said I'd be charged with retail fraud, 3rd degree misdemeanor as I have not had a single mark on my record. I called the following day and talked to the detective who said I'd receive a letter/warrant by mail having me turn myself in. He said I'd have no bond, be booked, released, and have court that day. I am 20 y/o.

Is the court day going to be my arraignment? I am going to school for nursing and know that I will have to wait 3yrs if I receive a 3rd degree misdemeanor. My biggest concern is keeping this off my record.

How should I plea if my intent is to keep it off my record? I relealize I could ask for ''HYTA'' or have it 'taken under advisement.'' Should I, and if so how, do either of these? Should I get a lawyer? I am very financially strained.

Thank you very much for taking the time.


Asked on 3/12/09, 1:40 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Retail fraud, 3rd degree misdemeanor, MI

you are correct in many of your assumptions and it is vital to keep this off your record for many reasons. By the same token, representing yourself is always a bad idea. Having good representation is a must in any serious criminal matter. Please contact me to discuss. Free phone consultation. Www.kliszlaw.com. Tim Klisz

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Answered on 3/12/09, 1:50 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Retail fraud, 3rd degree misdemeanor, MI

Yes, you probably qualify for HYTA. Whether you represent yourself or have an attorney (court-appointed or retained), that should be requested because if you successfully complete it you will not have been 'convicted'.

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Answered on 3/12/09, 3:13 pm
James Schmier Law Office of James G. Schmier, PLLC

Re: Retail fraud, 3rd degree misdemeanor, MI

Probably a good idea to get a lawyer who has experience in these matters. While much of what you say is correct, I recently had a client who represented herself, was given probation and the case was later dismissed but her fingerprint and arrest card kept showing up when she applied for jobs. I was able to undo what she did and now her fingerprint and arrest card are also hidden from public view. Although you may be financially strapped now, a lawyer may be good investment in terms of future employement or getting into school. If you need help with this, contact my office at www.schmierlaw.com

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Answered on 3/12/09, 5:24 pm


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