Legal Question in Criminal Law in Michigan

Re: shoplifting

$17 or $1,700, it's still stealing.

The store's right to get a civil recovery does not affect the prosecutor's right to charge you criminally. One cannot cancel out the other, and the store cannot tie the prosecutor's hands by saying "you won't be prosecuted" (unless, of course, the store never got the police involved).

Shoplifting is called "Retail Fraud" in Michigan. It requires proof that you knowingly and intentionally took the items without intending to pay for them. Proving intent isn't always easy, because it means we have to get inside your head. But prosecutors can prove intent by what you do, what you say, how you act, etc. Most people do not "innocently" carry items yet to be paid for inside their pockets or purses. They do so to conceal them from store personnel's eyes, and help them "get away with it".

Whether or not this was an accident or part of your plan is a question for the trier of fact in your trial to decide, not me. I am a prosecutor, and have convicted people older and more established in the community than you of shoplifting under similar circumstances. Juries know that merchandise belongs in your hands or cart, not your purse ... until you pay for it.

You must decide on your own if you need legal representation. If in doubt, do it!

Retail Fraud 3rd Degree is a misdemeanor. 93 days maximum; $500 fine maximum. In my county, 1st time offenders stealing cigarettes would look at getting a sentence of fines & costs (maybe around $200 total ... and you don't get credit for the civil recovery paid to the store), and might even get probation. Jail would not be likely.