Legal Question in Criminal Law in Michigan

My daughter removed a tag from a $5 tube top at Sears. The undercover at Sears took her back in a room and the the police were called. She was not arrested because the police officer asked if he could book her for $5. Apparently, she could not be arrested and booked. Will she have to appear in court. Sears also told her they were going to send her something. How much could she end up paying for this.


Asked on 4/21/11, 6:25 am

3 Answers from Attorneys

Your daughter should try to avoid having a criminal record for this small offense. That could haunt her for the rest of her life. I recommend contacting our Lansing office to hire an attorney that can help protect her. You can reach them at 517 886-1000.

You can read more about our firm at: www.AggressiveCriminalDefense.com

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Answered on 4/21/11, 6:30 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The store might send her a "civil demand" notice, which allows a store to charge a person 10 times the stolen item's value up to a maximum charge of $200, so your daughter's charge should be $50. This is separate from any police/prosecutor/court action. You don't say how old she is, so she might be handled in juvenile court (if she is 16 or under), or district court (if she is 17 or older). If she is UNDER 21 years old and has no significant prior record, she'd likely be put on either consent calendar in juvie court or HYTA status in district court -- if she or her attorney ask for this -- which could result in the case being dismissed after she successfully completes probation.

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Answered on 4/21/11, 7:11 am
William Morrison Action Defense Center

If you do get a "civil demand" it's your choice to pay it. No lawyer files a lawsuit for $50. Otherwise, wait and see. It's certainly possible that no prosecution will occur.

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Answered on 4/21/11, 8:53 am


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