Legal Question in Criminal Law in Michigan

Shoplifting con't

I have a few more questions about

the law that I broke from a prior

question. The questions are listed

below:

1) The only thing that the security

officers at Macy's told me was that I

will need to fill out the paperwork

that I will get in the mail. I

committed the crime on 03-12-08,

and have not yet received anything

yet from anybody. Do you think I

should call them and ask, a website,

expertlaw advises against

that since it could make things

worse. My problem is that I was

nervous, and had low blood sugar at

that time (I have type 1 diabetes)

and did not ask any questions.

2) The only thing that I have

received from Macy's is a trespassing

notice and a civil demand notice. The

civil demand notice says that these

charges are apart from any other

criminal prosecution charges that I

may or may not face. How much will

this entire ordeal cost me?

3) As I have stated in my Blog, so

far, I have no intention of hiring a

lawyer because I can't afford it. Will I

be charged extra court fees if I decide

to get a court appointed lawyer? Will

that lawyer do what is best for me

even if I broke the law? If I get a

regular lawyer, how much would it

cost me?


Asked on 3/19/08, 5:53 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Shoplifting con't

1) There is no telling how long it will take for the prosecutor to issue a complaint and have it filed in the court so you can be arraigned. It can take a day or take months. Calling the mall or the store won't get you the answer, because they may not know. You may want to contact the district court that covers the area where the store is located and see if they have a file on you that's open.

2) The trespass notice just says "don't come back". That doesn't cost you any money. The civil demand does because it will be between $50 and $200, per statute (MCL 600.2953). You can read it at www.michiganlegislature.org (put the statute number in the "MCL Section" search field.

3) Whether you hire an attorney or ask for a court-appointed attorney is your personal decision. But, before you just go in and plead guilty "because you know you're guilty", do yourself a favor and plead 'not guilty' at the arraignment, get a copy of the police report and meet with a criminal defense attorney so he/she can determine if there are any issues that can be raised in your defense. THAT, at a minimum, is "doing what's best for you": ensuring that your constitutional and procedural rights have been upheld. It is your one chance to do that.

You will not get a higher fine/cost for pleading 'not guilty' initially. In fact, it will give you (or your attorney) a chance to meet with the prosecutor at a pre-trial conference to see if any deal can be reached. Some prosecutors or courts have diversion programs that you wouldn't even learn about if you just walk in and plead guilty.

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Answered on 3/19/08, 11:00 pm


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