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An accusation and prosecution for shoplifting in Detroit does not make you a bad person. In fact, retail fraud is commonly prosecuted in Detroit by the Wayne County Prosecutor’s Office and Detroit City Attorneys, but it is often just an isolated incident due to a momentary lapse in judgment. However, just because shoplifting is regularly prosecuted in Detroit courtrooms does not mean it is not serious or that it will not affect your life down the road. Any shoplifting or other theft conviction can have many potential damaging consequences, including: the loss of freedom due to incarceration; probation with burdensome conditions; loss of employment opportunities; employment licensing issues; loss of educational opportunities; steep fines; immigration complications (for persons that are not US citizens); embarrassment/damage to reputation, etc. If you’ve been charged with shoplifting in or near Detroit, you need a criminal defense attorney who will fight to protect your way of life and future.
Shoplifting can occur under a few scenarios: when merchandise is stolen from a store; an attempt to steal store merchandise is made by a person; 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 offense in Detroit, including:
First Degree Retail Fraud is a felony offense with a 5 year maximum (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 or more, or if the merchandise involved is $200 or more and the person has a prior theft conviction (jail or prison can be avoided at the discretion of the Judge, because there is not a mandatory minimum period of incarceration which the Judge must impose).
Organized Retail Theft is a felony offense with a 5 year maximum (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 (jail or prison can be avoided at the discretion of the Judge, because there is not a mandatory minimum period of incarceration which the Judge must impose). The offense occurs when the alleged intent of the Defendant is to commit a retail fraud and to resell the stolen merchandise to another person or business; this law is designed to prevent people from using retail fraud as a business venture.
Second Degree Retail Fraud is a misdemeanor offense with a 1 year maximum, which 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 (jail can be avoided at the discretion of the Judge, because there is not a mandatory minimum period of incarceration which the Judge must impose).
Third Degree Retail Fraud is a misdemeanor offense with a 93 day maximum that is prosecuted under either State law or local ordinance, when the merchandise involved in the offense is less than $200 (jail can be avoided at the discretion of the Judge, because there is not a mandatory minimum period of incarceration which the Judge must impose).
Removal of a Theft Detection Device is a misdemeanor offense with a 1 year maximum under State law or a 93 day maximum under local Detroit ordinance (jail can be avoided at the discretion of the Judge, because there is not a mandatory minimum period of incarceration which the Judge must impose).
All major retail franchises have developed store procedures with the goal of reducing retail fraud losses and insurance costs, avoiding litigation, and deterring in store theft. It is not uncommon for stores to hire lost prevention personnel and use sophisticated theft prevention devices (sensors, closed circuit television, hidden cameras, etc.) to combat the costs and liabilities associated with retail theft. Even with state of the art theft prevention technology and in depth employee training, mistakes are still made and persons are still sometimes falsely arrested.
If you retain a criminal defense lawyer, he or she will work to 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. When you go before your assigned Judge your criminal defense attorney can request a trial date, or seek a resolution of the case on your behalf which 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). Your best decision when it comes to your Detroit shoplifting charge is to hire an experienced top rated lawyer to help you obtain the best possible result for your particular circumstances. Again, a shoplifting conviction can carry a lifetime of bad consequences, including making it very hard to find a good job or career, because many employers do not want to risk hiring someone with any type of history of stealing. Make the best possible decision for yourself and your family, and hire respected criminal defense attorney Daniel Hilf, who is an impassioned, intelligent 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 in or near Detroit, it’s time to make a well reasoned decision and contact us right away for outstanding legal representation.