Having to go before a Magistrate or Judge for a Monroe County Michigan retail fraud (shoplifting) due to an arrest or ticket does not make you a bad person. In fact, this offense is a frequently prosecuted in Monroe County Michigan by the Monroe 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 arrests and tickets are frequently prosecuted in Monroe County courtrooms (the 1st District Court, and the 38th 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 consequences of a Monroe County shoplifting conviction may include: the loss of your freedom (serving a period of incarceration); probation with many inconvenient and strictly enforced 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 Monroe County 1st District Court or the 38th Circuit Court for a retail fraud charge, you need experienced and well seasoned legal representation who will fight to protect you and your future.
There are several different but accepted legal theories in which both the Monroe County Prosecutor’s Office and local city/community prosecutors can allege that 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 number of different felony and misdemeanor retail fraud offenses prosecuted in Monroe County Michigan, 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 there is not mandatory incarceration for this charge in Michigan – incarceration is discretionary) 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 there is not mandatory incarceration for this charge in Michigan – incarceration is discretionary), that is also subject to applicable habitual offender sentencing provisions. The charge is sought by Monroe 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 there is not mandatory incarceration for this charge in Michigan – incarceration is discretionary), 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 there is not mandatory incarceration for this charge in Michigan – incarceration is discretionary), 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 there is not mandatory incarceration for this charge in Michigan – incarceration is discretionary).
Many stores always demand prosecution 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 retail establishments in Monroe County to take the time 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 extensive training and the latest surveillance equipment, mistakes are still made by store employees 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 a great investment in yourself and your future to have lawyer Daniel Hilf fully represent you for your Monroe 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 have to make a decision at Court in your retail fraud 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 retail fraud conviction appear on your public record through plea bargaining, diversion programs, and pleas under advisement.
Make a great decision to retain shoplifting defense lawyer Daniel Hilf to help you obtain the best possible result under your circumstances for your ticket or arrest. Again, a retail fraud conviction will likely cause you many heartaches, including making it very difficult to find a high paying job or to establish your desired career, because many prospective employers do not want to risk hiring someone convicted of stealing. Retain Monroe County Michigan criminal defense specialist Daniel Hilf to zealously defend you, 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 ticket or arrest in Monroe County Michigan, 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 Monroe County Michigan includes individuals from the following places:
The cities of Flat Rock, Luna Pier, Milan, Monroe, and Petersburg;
The villages of Carleton, Dundee, Estral Beach, Maybee, and South Rockwood;
The townships of Ash, Bedford, Berlin, Dundee, Erie, Exeter, Frenchtown, Ida, La Salle, London, Milan, Monroe, Rainsville, Summerfield, and Whiteford;
The communities of Azalia, Detroit Beach, Lambertville, Lost Peninsula, South Monroe, Stony Point, Temperance, Vienna, Vienna Junction, West Monroe, and Woodland Beach.
The defense of retail fraud accusations in Monroe County occurs at the following Court locations: 1st District Court and the 38th District Court, which are both located at 106 East First Street in Monroe 48161. 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).