Legal Question in Criminal Law in Michigan

Sholifting
Sholifting in Michigan. I am 20 years old and made the biggest mistake of my life. I attempted to steal three rings from JCPenny valued at $46 dollars. I was leaving the store and was asked to come with the men to the LP room and did not argue. I told them what I did and my picture was taken, I had a sign a few forms saying what I did and that I expect to receive a letter in the mail telling me what I need to pay in fines. An officer came and told me my rights and asked me a few questions, but since it was my first offense, he let me go. I was told to never come back to any JCPenney again.

They did not give me a ticket, however, can they still?
Will I need to go to court?
Will this go on my record?
Is this a misdemeanor or a felony?
Basically, what can I expect?

Asked on 5/08/08, 12:14 pm

4 Answers from Attorneys

William Morrison Action Defense Center

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Re: Sholifting

They did not give me a ticket, however, can they still? YES

Will I need to go to court? YES, if you receive a notice to appear in the mail.

Will this go on my record? No, not necessarily as you are HYTA eligible.

Is this a misdemeanor or a felony? If you're charged it will be a misdemeanor called Retail Fraud III.

Basically, what can I expect? You'll get a letter from JCP's lawyer's in Florida demanding $200 or they say they'll sue (They actually won't).

If your charged, you'll get a letter from your local court to appear at the police station, get fingerprinted, and then arraigned.

It's not the end of the world.

Answered on 5/08/08, 10:55 pm

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Re: Sholifting

It is very possible that the cop is processing a criminal warrant. If that happens or if you are arrested or otherwise contacted by the police, you should IMMEDIATELY contact an experienced criminal defense attorney. There may be some options to help keep this off your permanent criminal record for the rest of your life.

For future reference, NEVER talk to the police or store security without an attorney present.

If you'd like our help with this, feel free to call our office at 1 8667665245.

For more information, go to:

www.AggressiveCriminalDefense.com

Answered on 5/08/08, 1:16 pm

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Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Re: Sholifting

Since you are under 21 yrs old, you are probably eligible for processing under the Holmes Youthful Trainee Act (HYTA). Broadly stated, HYTA gives the judge the authority to dismiss the case of a "youthful offender" (a person between 17-20 yrs old) after successfully completing probation.

Whether you have an attorney (retained or court-appointed) or not, HYTA should be explored. Some judges grant it liberally, some others are less-inclined to do so. Property crimes (like yours) are pretty good candidates.

To read up on HYTA, go to www.prosecutingattorney.info ... click on the Legal Definitions button ... go down to HYTA or YTA.

Answered on 5/08/08, 1:24 pm

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