Legal Question in Criminal Law in Michigan

Re: Shop Lifting

The answer varies depending on the amount taken and how many priors you have. Call me at my office on Monday at 248.569.1900 if you want to, my office is in Southfield but I actually live in Howell so I may be able to help out.

Re: Shop Lifting

My office web site's legal definitions page (http://www.co.eaton.mi.us/ecpa/define.htm#R) has information on all 3 levels of Retail Fraud (shoplifting). It lists the adult criminal penalties. Michigan defines 3 degrees of retail fraud:

1st Degree ($1,000 or more stolen; or 2nd Degree + prior conviction) -- a Felony, carrying up to 5 years and/or $10,000 fine (or 3x merchandise's value)

2nd Degree ($200 - under $1,000 stolen; or 3rd Degree + prior conviction): a Misdemeanor, carrying up to 1 year and/or $2,000 fine (or 3x merchandise's value)

3rd Degree (under $200 stolen): a Misdemeanor, carrying up to 93 days and/or $500 fine (or 3x merchandise's value)

In addition to criminal penalties, a shoplifter may also be subject to civil penalties demanded by the store. The penalties include the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

Juvenile delinquency cases do not result in punishment/penalites, like jail time or fines/costs. Delinquency cases focus on rehabilitaiton, not punishment. So, the juvenile court judge has the same disposition (sentencing) options in a retail fraud case as in an assault case, a drug case, etc. In only the worst cases (usually where the minor has a long history of delinquency cases that have failed to bring about the kind of rehabilitation that was needed to stop the kid from re-offending), the judge will remove the child from the parents' home and place him/her in either a foster home or a resifdential treatment program.

In the vast majority of cases, the judge will put the minor on period of probation with appropriate services. This could involve things like a drug/alcohol assessment (because the kid might be stealing to support a drug habit), counseling, participation in programs to open the kid's eyes to what he might face down the road if he continues to violate laws (eg, "scared straight" programs), programs to stop truancy, etc. The point is to find the root causes of the behavior and stop it ... regardless of the label of the offense for which the kid was prosecuted.