Legal Question in Criminal Law in Michigan
Hello. About a year ago I was caught shoplifting and the officer said they were going to get a warrant for 3rd degree retail fraud. I have yet to be told if there is a warrant and I have searched on some websites to see if I do have a warrant out for my arrest but I can't find anything suggesting that I do. Is it possible they decided not to press charges?
2 Answers from Attorneys
That is possible. It is also possible it is still sitting on some prosecutor's desk somewhere
because it is not a top priority. Or it just could simply have been misplaced. There are any number of possible explanations. Chances are if they haven't filed charges after a year, then they probably are not going to, but its still technically and theoretically possible.
I am not aware of any web sites that post who has active shoplifting warrants ... aside from programs like CrimeStoppers (and to get on that list you have to be a major player in retail frauds). I'll give you the advice that my office gives people who contact us asking if they have a warrant: contact the police agency that investigated the case, or go to the district court in the jurisdiction where the alleged crime occurred because they have the resources to answer that question with up-to-the-minute information on a warrant being open/active. Even a prosecutor's office only knows if that office authorized a complaint but does not keep track of an arrest warrant having yet been authorized by the court or it still being active. In my experience, it is not unusual for police agencies to not expend their limited resources on officers running around to find defendants who have active misdemeanor warrants; they might do that for some felonies, but not for crimes like shoplifting. Instead, the warrant is placed in LEIN and sits there until the person has police contact (e.g., traffic stop) an a warrant check is performed.
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