Being arrested, ticketed, or otherwise having to go before a Magistrate or Judge for a Genesee County retail fraud (shoplifting) charge does not make you a bad person. In fact, retail fraud is a frequently prosecuted offense in Genesee County by the Genesee County Prosecutor’s Office and local city/community prosecutors, but it is often only based upon an isolated incident from a momentary lapse in good judgment. However, just because shoplifting accusations are frequently prosecuted in Genesee County courtrooms (the 67th District Court, and the 7th Circuit Court), it does not mean that there are not serious consequences or that it will not affect your life in some type of negative manner, because any type of criminal record for a retail theft offense can have many potential damaging long term repercussions. The negative consequences of a Genesee County shoplifting conviction may include: the loss of your freedom (serving a period of incarceration); probation with strict, inconvenient conditions; loss of employment opportunities; professional licensing issues; loss of educational opportunities; steep fines and costs; immigration complications (for persons that are not United States citizens); embarrassment, etc. If you need to appear in a Genesee County District Court or the 7th Circuit Court for a retail fraud charge, you need experienced and dedicated legal representation who will fight to protect you and your future.
There are several different legal theories in which both the Genesee County Prosecutor’s Office and local city/community prosecutors can allege you committed an act of retail fraud: when merchandise from a retail store is stolen or an attempt to steal store merchandise is made; the price tag of the merchandise is intentionally misrepresented or changed; or merchandise is fraudulently exchanged for money or other store merchandise. There are a few different felony and misdemeanor retail fraud offenses prosecuted in Genesee County on a reoccurring and regular basis, including:
First Degree Retail Fraud is a felony charge that carries up to a 5 year maximum prison sentence (it is important to know that incarceration is discretionary with the Court – not mandatory) 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 (it is important to know that incarceration is discretionary with the Court – not mandatory), that is also subject to applicable habitual offender sentencing provisions. The charge is sought by Genesee County Prosecutors when they have reason to believe that the alleged intent of the Defendant is to commit a retail fraud and to resell the stolen merchandise to another person or business.
Second Degree Retail Fraud is a misdemeanor charge that carries up to a 1 year maximum county jail sentence (it is important to know that incarceration is discretionary with the Court – not mandatory), 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 (it is important to know that incarceration is discretionary with the Court – not mandatory), 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 365 day maximum county jail sentence under State law (it is important to know that incarceration is discretionary with the Court – not mandatory).
Many stores always request that shoplifting is prosecuted to the fullest extent of the law because they have implemented strict loss prevention policies that seek, through prosecutions, to reduce retail fraud losses, reduce insurance costs, and to deter store theft. It is not uncommon for many retailers in Genesee County to train asset protection personnel and to use theft detection devices with up to date technology to guard against the costs and liabilities associated with retail fraud. Even with thorough employee training and the use of the latest surveillance equipment, mistakes are still made and persons are still occasionally falsely arrested due to errors in judgment (such as the false identification of a suspect, false interpretation of a situation), cultural issues, and procedural errors.
If you make an investment in yourself to have lawyer Daniel Hilf fully represent you for your Genesee County retail fraud case, he will obtain all the available discovery materials 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. Ultimately, you will make a decision at Court in your shoplifting case (with great advice and strong counsel from your attorney) to either fight your case at trial in front of a Judge or jury, or to resolve the case through a plea or plea bargain (if a plea bargain is offered). In some instances (depending upon the particular facts and circumstances of the case, your age, and your background) you can even potentially avoid having a theft conviction appear on your background through plea bargaining, diversion programs, and pleas under advisement.
Make the proper and smart decision to retain experienced defense lawyer Daniel Hilf to help you obtain the best possible result under your circumstances for your retail fraud ticket or arrest. Again, a retail fraud conviction will likely cause you many headaches and heartaches, including making it very difficult to find a well paying job or to establish your desired career, because many prospective employers do not want to risk hiring someone convicted of stealing. Retain Genesee County criminal defense specialist Daniel Hilf to aggressively and impactfully defend your retail fraud charge, because he is an impassioned and talented criminal defense lawyer with over 20 years of experience inside and outside of courtrooms helping clients obtain great results.
If you have been accused of retail fraud (shoplifting) or any theft crime in Genesee County, the right time is now to make an impactful decision regarding your legal representation by contacting us for help right away.
The defense of retail fraud in Genesee County Michigan includes individuals from the following places:
The cities of Burton, Clio, Davison, Fenton, Flint, Flushing, Grand Blanc, Linden, Montrose, Mount Morris, and Swartz Creek;
The townships, villages, and communities of Argentine, Atlas, Clayton, Gaines, Goodrich, Lennon, Mundy, Otisville, Otter Lake, Richfield, Thetford, and Vienna.
The defense of retail fraud accusations in Genesee County occurs at the following Court locations: 67th District Court Central Division (630 South Saginaw Street in Flint 48502); 67-1 District Court (1415 Flushing Road in Flushing 48433); 67-2 District Court (200 East Flint Street in Davison 48423); 67-3 District Court (11820 North Saginaw Street in Mount Morris 48458); 67-4 A Division District Court (17100 Silver Parkway, Suite C, in Fenton 48430); 67-4 B Division District Court (8173 South Saginaw Street in Grand Blanc 48439); 67-5 District Court (630 South Saginaw in Flint 48502); and the 7th Circuit Court (900 South Saginaw Street in Flint 48502). It is critically important that you appear on time and on the correct date for any Court date, at the location specified in any type of notice that you receive (in Court, by telephone, from your lawyer, from a police officer, in the mail, etc.). For all shoplifting charges the best course of action is to hire your lawyer prior to any scheduled court date to fully represent you (if you have the financial ability to do so).