Legal Question in Criminal Law in Michigan
i was shopping the other day and walked out of the store with a 6.99 item and i realized it and was headed back to pay for it and the security guys were already coming after me screaming you under arrest. i told him i was going back in to pay and he was just screaming. i have to go to court now and want to know what my sentence could be.
1 Answer from Attorneys
Before you have been charged, without knowing which judge you have, without knowing what your prior criminal background is, without knowing how old you are (and whether you are eligible for programs like the Holmes Youthful Trainee Act), etc. ... NO ONE here can guess what your sentence might be.
It's also unknown whether you'll be convicted of this crime. Criminal larcenous intent is required for this offense, and it's possible that reasonable doubt exists regarding this element of the crime. People do make absent-minded mistakes when shopping, which can cut against the element of criminal intent. So, if there is evidence that -- before you were aware that security was coming after you -- you realized your mistake and were headed back to rectify the error, there might be reasonable doubt.
On the other hand, if the item had been suffed into your pocket or purse before you "realized" that you had walked out without paying for it (or if it was out of its original packaging), criminal intent might be easier to prove because normal shoppers do not put merchandise in their purses or pockets before leaving the store ... unless they are intending on stealing.
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