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Being accused of shoplifting (also known as retail fraud) for an Auburn Hills incident does not make you a bad person. In fact, shoplifting is regularly prosecuted at the 52/3 District Court (700 Barclay Circle, Rochester Hills 48307) for Auburn Hills arrests, but it is often just an isolated incident due to a momentary lapse in good judgment. However, just because shoplifting is common does not mean it is not serious or that it will not affect your life down the road. A shoplifting conviction record can have many potential consequences, including: incarceration; probation with 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 a retail fraud allegation in Auburn Hills, you need an experienced criminal defense attorney who will fight to protect your interests.
Shoplifting can occur in several different ways, such as: when store merchandise is stolen; an attempt to steal store merchandise is made; the price tag of the merchandise is changed or misrepresented; or the merchandise is fraudulently exchanged for money or other merchandise. Criminal offenses in Michigan related to shoplifting include all of the following:
First Degree Retail Fraud is a 5 year maximum felony (however, the maximum possible penalty can even increase if habitual offender sentencing is applicable) that is prosecuted when the merchandise involved is $1,000 or more, or if the merchandise involved is $200 or more and the person has a prior theft conviction [for this offense there is not a mandatory minimum period of incarceration which the Judge must impose].
Organized Retail Theft is a 5 year maximum felony (however, the maximum possible penalty can even increase if habitual offender sentencing is applicable), that is also subject to applicable habitual offender sentencing provisions [for this offense there is not a mandatory minimum period of incarceration which the Judge must impose]. The offense of Organized Retail Theft occurs when the intent of the person charged is to commit a retail fraud and then to resell the stolen merchandise to another person or business.
Second Degree Retail Fraud is a 1 year maximum misdemeanor charge that is prosecuted when the merchandise involved is at least $200 but less than $1000, or if the merchandise involved is under $200 and the person has a prior theft conviction [for this offense there is not a mandatory minimum period of incarceration which the Judge must impose].
Third Degree Retail Fraud is a 93 day maximum misdemeanor charged, that is prosecuted under either State law or local ordinance, when the merchandise involved in the offense is less than $200 [for this offense there is not a mandatory minimum period of incarceration which the Judge must impose].
Removal of a Theft Detection Device is a 93 day maximum misdemeanor charge under local ordinance, or a 365 day maximum charge under State law [for this offense there is not a mandatory minimum period of incarceration which the Judge must impose].
Many Auburn Hills shoplifting cases involve Great Lakes Crossing Mall and/or major chains such as Nordstrom Rack, Marshalls, Meijers, Target, and Kohls. Shopping malls and major retail franchises have developed asset protection procedures with the goal of reducing retail fraud losses, avoiding litigation, reducing insurance costs, and deterring in store theft. It is not uncommon for Auburn Hills stores to employ well trained loss prevention personnel and use theft detection devices to combat the high costs and financial liabilities associated with shoplifting. Technology and training does not always lead to the right result, because mistakes are still made and persons are still sometimes falsely arrested.
Your shoplifting defense lawyer is allowed to obtain all the prosecutor’s evidence against you to 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. You have the option at Court to request a trial date, or seek a resolution of the case on your behalf which may (but does not always) 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 jail or prison time). In some cases an agreement and sentence can even lead to avoiding having a shoplifting conviction from being entered against you.
Your best bet when it comes to any shoplifting allegation in Auburn Hills is to immediately hire an experienced shoplifting criminal defense lawyer to help you obtain the best possible result for your circumstances. Again, a shoplifting conviction can have a lifetime of adverse and life changing consequences, including making it very difficult for you to find a job, because many employers do not want to risk hiring someone with any type of theft history. Make the right decision and hire top rated attorney Daniel Hilf, who is an impassioned and trusted criminal defense lawyer with over 20 years of experience inside and outside of courtrooms helping clients obtain great results for retail fraud accusations.
If you have been accused of shoplifting at a mall or store in Auburn Hills, make the smart decision and contact us right away for outstanding legal representation.
Misdemeanor shoplifting charges that allegedly occur in Auburn Hills are prosecuted at the 52/3 District Court (700 Barclay Circle, Rochester Hills 48307) by either the Auburn Hills City Attorney or the Oakland County Prosecutor’s Office. Felony shoplifting charges that allegedly occur in Auburn Hills are pursued by the Oakland County Prosecutor’s Office, and are initially litigated at the 52/3 District Court. If the 52/3 District Court Judge ultimately makes a probable cause determination after conducting a preliminary examination (or if a waiver of the preliminary examination occurs), the shoplifting charge is transferred to the 6th Circuit Court (1200 N. Telegraph Road, Pontiac 48341) for ultimate resolution at the Circuit Court level.