Being prosecuted for a shoplifting charge (also known as retail fraud) does not make you a bad person. In fact, shoplifting is commonly prosecuted in Farmington Michigan, but it is often due to an isolated incident from a momentary lapse in good judgment. However, just because shoplifting is commonly charged and prosecuted does not mean it is not serious or that it will not have an impact on your life in some type of manner. Any criminal record for shoplifting or store theft can have many potential damaging consequences, including: the loss of freedom; probation with tough conditions; loss of employment opportunities; employment licensing issues; loss of educational opportunities; steep fines; immigration complications (for persons that are not US citizens); embarrassment, etc. If you’ve been charged with shoplifting near Farmington Michigan, you need a top rated criminal defense lawyer who will fight to protect you and your interests.
Shoplifting is prosecuted in Michigan in several different fashions: when store merchandise is stolen; an attempt to steal store merchandise is made; the price tag of the merchandise is misrepresented or changed; or the merchandise is fraudulently exchanged for money or other store merchandise. There are several criminal shoplifting offenses prosecuted in Farmington, including:
First Degree Retail Fraud is a felony that carries up to a potential 5 year maximum prison sentence (however, the maximum possible penalty can increase if habitual offender sentencing is applicable due to a prior felony conviction) 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 that carries up to a potential 5 year maximum prison sentence (however, the maximum possible penalty can even increase if habitual offender sentencing is applicable due to a prior felony conviction), that is also subject to applicable habitual offender sentencing provisions. When the alleged intent of the Defendant is to commit a retail fraud and to resell the stolen merchandise to another person or business, Organized Retail Theft is charged.
Second Degree Retail Fraud is a misdemeanor that carries up to a potential 1 year maximum county jail sentence, 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 that carries up to a potential 93 day maximum county jail sentence, 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 that carries either up to a potential 1 year in jail (under State law) or a potential 93 day maximum jail sentence (under local ordinance).
Many Farmington shoplifting cases involve corporate stores. All corporate retail chains have established store procedures with the goal of reducing retail fraud losses, reducing insurance costs, avoiding litigation, and deterring theft. It is not uncommon for corporate stores to hire well trained lost prevention personnel and use theft detection devices with the latest surveillance technology (sensor devices, closed circuit television, etc.) to combat the costs and liabilities associated with retail theft. Even with technology and hours of training, mistakes are still made and persons are still sometimes falsely arrested, based upon errors in judgment (false identification of a suspect, etc.), cultural issues, and procedural errors – all of which can potentially lead to obtaining an acquittal, dismissal, or negotiating a great result.
A attorney working on your behalf for your Farmington related case will obtain all the evidence against you to fully and properly defend the case, 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, etc. At Court (the 47th District Court has jurisdiction for Farmington arrests) your lawyer can request a trial date in front of a Judge or jury, or seek a resolution of the case on your behalf through a plea. Resolving your shoplifting prosecution may involve a plea bargain (an agreement with the prosecution to dismiss, expunge, or reduce the charge(s) against you) or a sentence agreement (an agreement with the Judge to impose a specific sentence, such as avoiding or limiting any confinement). A good decision, when it comes to your shoplifting case, is to retain an experienced top rated criminal defense attorney to help you obtain the best possible result for your circumstances. Again, a shoplifting conviction can have a lifetime of life altering consequences, including making it extremely difficult to find a job or establish a solid career, because many employers do not want to risk hiring someone with any type of theft history. It is time to make the best decision for yourself and your family and hire a top rated and respected criminal defense attorney. Attorney Daniel Hilf is an impassioned and smart lawyer with over 20 years of experience inside and outside of courtrooms helping clients obtain outstanding results for shoplifting accusations.
If you have been accused of shoplifting in or near Farmington, it’s time to make an impactful decision to contact us right away for outstanding legal representation.