If you were arrested for a misdemeanor or felony retail fraud in Clawson Michigan, you need an experienced criminal defense lawyer who will fight for you. No matter if your accusation is from a national chain retailer (such as CVS, Staples, or Aldi) or a local Clawson business, help is available for you. Get Hilf & Hilf, PLC on your side for great advice and swift action on your behalf. Hilf & Hilf, PLC attorney Daniel Hilf routinely appears at the 52/4 District Court in Troy (the Court with jurisdiction over Clawson cases), the 6th Circuit Court in Pontiac (the Court that handles felony retail fraud trials in Oakland County), and courtrooms throughout Michigan defending shoplifting charges.
Facing a retail fraud allegation due to a Clawson arrest does not make you a bad person. In fact, retail fraud is a routinely but aggressively prosecuted offense by the Clawson City Attorney and the Oakland County Prosecutor’s Office, however it is often based only upon an single incident due to a temporary lapse in judgment. Even though shoplifting accusations are commonly heard there are serious consequences which attach with a conviction which will affect your life in a bad way. A Clawson related retail fraud sentence may include any or a combination the following: the loss of your freedom (potential incarceration); probation with strict supervisory conditions; loss of employment; professional licensing issues (for lawyers, nurses, stock brokers, and other licensed professionals); loss of educational opportunities; steep fines and costs; immigration problems (for persons that are not United States citizens); and personal embarrassment. If you are faced with any type of shoplifting allegation, you need a respected local shoplifting defense lawyer who is completely on your side.
There are several different in store behaviors that can manifest in a retail fraud charge: when store merchandise is stolen or an attempt to steal store merchandise is made; the price tag of the merchandise is intentionally changed to a lower price in order to defraud the store; or merchandise is fraudulently exchanged in order to obtain money, store credit, or other merchandise. Clawson Michigan related felony and misdemeanor retail theft offenses that are commonly prosecuted include the following:
First Degree Retail Fraud is a felony charge that carries up to a 5 year maximum prison sentence (the Judge has the discretion to not incarcerate the person accused and/or convicted, even though the maximum penalty is high) that is prosecuted when the merchandise involved is $1,000 (one thousand dollars) or more, or if the merchandise involved is $200 (two hundred dollars) or more and the person has a prior theft conviction.
Organized Retail Theft is felony charge that carries up to a 5 year maximum prison sentence (the Judge has the discretion to not incarcerate the person accused and/or convicted, even though the maximum penalty is high) that is also subject to applicable habitual offender sentencing provisions. For this offense the prosecution usually alleges that the intent of the Defendant is to shoplift and then resell the stolen merchandise he or she steals to another person or business.
Second Degree Retail Fraud is a misdemeanor charge that carries up to a 1 year maximum county jail sentence (the Judge has the discretion to not incarcerate the person accused and/or convicted, even though the maximum penalty is high) that is prosecuted when the merchandise involved is at least $200 (two hundred dollars) but less than $1000 (one thousand dollars), or if the merchandise involved is under $200 (two hundred dollars) and the person has a prior theft conviction.
Third Degree Retail Fraud is a misdemeanor charge that carries up to a 93 day maximum county jail sentence (the Judge has the discretion to not incarcerate the person accused and/or convicted, even though the maximum penalty is high) that is prosecuted under either State law or local ordinance, when the merchandise involved in the offense is less than $200 (two hundred dollars).
Removal of a Theft Detection Device is a misdemeanor charges that carries up to a 1 year maximum county jail sentence under State law (the Judge has the discretion to not incarcerate the person accused and/or convicted, even though the maximum penalty is high).
Many national and local merchants in Clawson have implemented loss prevention related practices with the goal of reducing retail fraud losses and related costs, avoiding contested litigation, and deterring overall store theft (for other activities such as embezzlement and credit card fraud). It is not uncommon for store to use several persons focused on loss prevention that are armed with latest shoplifting prevention equipment (such as merchandise sensors, high resolution cameras, and closed circuit television) to attempt to combat the costs and liabilities associated with retail fraud. Even with employee training and technology, mistakes are still made and persons are still sometimes falsely arrested due to errors in judgment (such as false identification and false interpretation of a situation), cultural related issues, and procedural errors.
Attorney Daniel Hilf, working on your behalf, will immediately try to obtain all the available discovery materials to fully and properly defend you, which can include the following: police report(s), loss prevention report(s), witness statement(s), in store video(s), police video(s), photograph(s), statement(s) the police and/or loss prevention claims that you made. You have Constitutionally protected rights including the right to have trial in front of a Judge or jury and fight the accusation, or to choose to accept a plea or plea bargain and try and persuade the Judge to be lenient. It is up to you to seek with the assistance of your lawyer a plea bargain (an agreement sometimes available with the prosecution to dismiss or reduce the charge(s) against you) and to seek to obtain a favorable sentence agreement (an agreement sometimes available with the Judge and/or prosecutor to impose a specific sentence, such as avoiding or limiting any term of confinement).
When arrested for retail fraud in Clawson, your first important step is to hire an experienced local retail fraud defense lawyer to help you obtain the best possible result for your circumstances. As previously stated, a retail fraud conviction will likely cause you endless long term life problems in addition to the criminal penalties, including making it extremely hard to find a job or a dream career, because many companies do not want to risk hiring someone convicted of theft. Retain a leading local defense lawyer for your Clawson case – attorney Daniel Hilf – to help you. He is a widely respected lawyer with over twenty years of experience inside and outside of courtrooms helping individuals like yourself fight for favorable results. Attorney Hilf’s office is located near Clawson, and approximately one half mile from the 52/4 District Court (Hilf & Hilf, PLC is located at 3155 W Big Beaver Rd #123, Troy, MI 48084).
If you have been accused of retail fraud in Clawson Michigan, now is the time to make the right decision to hire legal representation to properly defend you. Contact Hilf & Hilf, PLC.