What is Retail Fraud in Michigan?
Retail fraud, otherwise known as shoplifting, is a serious crime with serious consequences. Your reputation, future, and employability are important, and there is no room for mistakes in your defense.
Retail Fraud Charges in Michigan
Retail fraud charges in Michigan are commonly referred to as shoplifting. The value of the merchandise and a suspect’s prior criminal history determine the severity of the charges. A retail fraud conviction can have dire direct and collateral consequences.
A person is guilty of retail fraud in Michigan if they do any of the following.
- While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property.
- While a store is open to the public, steals property of the store offered for sale.
- With intent to defraud, obtains, or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store.
Retail Fraud Degrees in Michigan
- $1,000 or more is a felony punishable by not more than 5 years in prison.
- $200 to under $1,000 is a misdemeanor punishable by up to 1 year in jail.
- Under $200 is a misdemeanor punishable by up to 93 days in jail.
The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents as part of a scheme or course of conduct within any 12-month period may be added together to determine the total value involved in the offense under this section.
Retail Fraud Enhancements
If a defendant has a prior conviction for retail fraud, a misdemeanor can be enhanced to a felony offense, regardless of the property’s value in the current offense. With a prior felony conviction, a new felony will have an increased maximum prison sentence. Felony retail fraud charges in Michigan are handled in Circuit Courts, and misdemeanor cases are resolved in District Courts.
Standard Probation Conditions for Retail Fraud in Michigan
- 1 to 5 years of probation
- theft and misdemeanor prevention classes
- mental health therapy
- drug and alcohol testing
- community service
- $1,000 to $2,500 in fines, costs, and probation oversight fees
- reporting 1 to 4 times per month with a probation officer
- travel prohibited from Michigan without permission of the court.
Court Process for a Retail Fraud Charge in Michigan
- Arraignment – when bail or bond is set by the judge or magistrate
- Pre-exam Conference (felony cases) – where it is determined if a preliminary examination is requested by the prosecutor or the defendant
- Preliminary Examination (felony cases) – where the prosecutor has to show there is enough evidence to proceed to trial
- Arraignment on the information (felony cases) – where the defendant is formally advised of the charges in Circuit Court
- Pretrial conference – where the attorneys try to settle the case and discuss contested issues
- Trial (if necessary) – where the judge or jury decides if there is enough evidence for a conviction
- Plea (when possible) – where the defendant admits guilt for a plea bargain or sentence agreement
- Sentencing – when the judge determines the punishment to be imposed
Frequently Asked Questions
What is 3rd degree retail fraud in Michigan?
A 93 days misdemeanor for shoplifting of property offered for sale at a store for under $200.00.
How serious is retail fraud?
Shoplifting is more severe than you might guess. In addition to the possible direct consequences, such as jail, probation, and a criminal record, such a conviction can cause the loss of employment (or difficulty obtaining employment), suspension of a professional license, difficulty obtaining loans, damaged reputation, loss of firearm rights, etc.
How long does retail fraud stay on your record in Michigan?
A retail fraud conviction stays on a person’s criminal history for life unless they successfully petition for expungement or negotiate a plea agreement for dismissal of the charges.
What is the penalty for shoplifting in Michigan?
The penalties for shoplifting range from 93 days to years in prison, depending on the value of the merchandise involved and the offender’s prior criminal history.
Is shoplifting a felony or misdemeanor in Michigan?
Shoplifting can be a felony or misdemeanor depending on the value of the merchandise involved and if the accused has prior retail fraud convictions. A prosecutor can enhance a minor offense to a felony if the person has one or more prior convictions.
What are the consequences of shoplifting?
The direct consequences can be jail, probation, and a conviction. The indirect consequences include difficulty obtaining or keeping employment, loss of civil rights, immigration consequences, damaged reputation, and more. It is essential that a criminal defense lawyer do everything possible to avoid a conviction and jail time.
Is shoplifting a big deal?
Yes, it is a big deal. Taking a retail fraud charge lightly would be a regrettable mistake. Judges and prosecutors treat these matters seriously because shoplifting causes significant financial damage to the community. Stores and the retail community constantly push for harsh penalties and criminal convictions. The long-term consequences of a conviction can have a meaningful impact on someone’s life.
What happens to a first-time shoplifter?
A skilled, experienced defense lawyer can seek leniency for a first-time offender, such as a delayed sentence or plea under advisement. A reputable and influential attorney can help clients avoid jail and a conviction with a robust defense.
What happens when you go to court for shoplifting?
If possible, it is best to retain a private lawyer to defend you and protect you during all court hearings. Typical hearings in a retail fraud case include arraignment, pretrials, docket conferences, plea hearings, trial, and sentencing. Don’t trust your fate with the lowest bidder when your future and freedom are at stake.
Do you have the right to a lawyer?
If you are charged with a felony or misdemeanor retail fraud in Michigan, you have the constitutional right to a lawyer of your choosing. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully defending clients in courts throughout Michigan. We have an unparalleled track record of successfully preventing convictions and helping clients avoid jail and other harsh consequences of a conviction. If you would like the assistance of highly experienced and highly effective retail fraud defense attorneys, call us today for help.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
