Legal Question in Criminal Law in Michigan
I was at a retail store in Michigan and caught for attempting to take a $40 item. I cooperated with the loss prevention personnel. The police were not called, and i was asked to leave store with letter of demand for civil damges. This is my first offense. The only other thing on my ''record'' is a no-point traffic ticket.
This letter says retail fraud with 3rd degreee and says i've to 200 dollar as civil damges otherwise will be prosecuted.
what will happen to me. Just pay fine and leave this matter or meijer store even takes me to court
4 Answers from Attorneys
The civil penalty that stores are allowed by law to pursue is not necessarily in lieu of criminal prosecution. They can both happen. You are not buying your way out of a charge. The civil penalty is meant to cover the store's cost in your actions -- surveillance, apprehension, report writing, restocking merchandise, etc.
The store can decide to report this to police or the prosecutor with or without a civil penalty. Even if they "promised" you that they would not prosecute if you paid the civil penalty, you have no remedy even if you pay it and still prosecute you (although your criminal lawyer may make an issue during cross examination of the security people and the jury might not like their conduct). And, if property was damaged / lost during the theft, the sotre can receive ful restitution from you through the criminal prosecution.
The civil suit is distinct from the criminal charge. Meijers can ask for civil damages not to exceed $200.00. However, you need to retain a good criminal defense lawyer who can help you from having a criminal record for the rest of your life. Do not simply go to Court and plead guilty as you have options. Feel free to contact attorney Daniel Hajji 248.865.4700
For lots of good information about these cases, read more at:
www.AggressiveCriminalDefense.com
If the police were not called, and you did not sign a written statement confessing that you had shoplifted, it's highly unlikely that you will be prosecuted.
It costs time and money for Meijers to prosecute and, like many Walmarts, it may not profit them to prosecute shoplifters for thefts under a certain amount ($25 for Walmart in 2008). It's purely a business decision at that point. They have much greater losses from their own employees who steal 3X more than the customers.
It's equally unlikely that any retailer would sue you for $200 - it's just not worth the cost and effort. However, you may still want to pay the $200. If the store said they would not prosecute if you paid the civil demand and it later reneges on the promise, a good lawyer can make them keep their word. An attorney cannot threaten you with criminal prosecution in order to collect money from you.
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