Legal Question in Criminal Law in Michigan

Retail Fraud

My friend was caught shoplifting at a popular retail chain. He hid 5 CDs inside a box of cheaper items, paid for the item, and was apprehended on his way out. He admitted guilt on in their back room, but would not sign the statement, which also stated that he had been in there once before recently and did the same thing. He has no criminal record and has never been in court or committed a crime. The security people at the store and the police officer who issued the ticket, told him he did not need a lawyer and that he most likely would have to pay a fine and repay the store some amount to be determined, and may face probabation. Is this reasonable? What shoud he expect to happen, what is the process in court if he pleeds guilty. If he knows he did wrong would there be any reason not to plead guilty? How much could he end up paying ($80-150 worth of merchandise)and what is his risk of any jailtime. Please advise, thanks.


Asked on 5/05/01, 3:43 pm

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Retail Fraud

As a first-time offender (no prior convictions for theft), he'd probably be charged with Retail Fraud 3rd Degree. This carries up to 93 days in jail and/or $500 fine (or 3 times the merchandise's value). His crime is similar to "price switching", and the value stolen is really the price differential between what was on the box (price) versus what was in the box (merchandise).

The store security and police were probably correct: a fine/cost sentence, maybe even with probation, is the likely sentence. A jail sentence is unlikely.

If he has questions or concerns, he should at least contact a criminal defense lawyer for an initial consultation to get his/her guesstimate.

It is his decision to plead guilty, or go to trial. If he pleads guilty, the judge will advise him of his rights by pleading guilty (giving up his right to a trial, giving up his right to remain silent, etc.), and will then ask him to say in his own words what he did that makes him guilty of shoplifting. If his story establishes all of the elements of the crime, the judge can accept the guilty plea. The judge could sentence him on the spot (and your friend would have to take his chances). Or, the judge or defendant could ask that sentencing be rescheduled so a pre-sentence report could be prepared.

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Answered on 6/19/01, 4:52 pm
Kenneth Golish Golish, Kenneth W.

Re: Retail Fraud

This happens everywhere: The police or someone else in authority tells a person in trouble that he or she doesn't need lawyer. While the advice that accompanies it may be correct, it may not be because the person giving the advice is in an adversarial position. Therefore, the person receiving it should always consult a qualified lawyer.

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Answered on 6/19/01, 5:19 pm


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