Retail Fraud Shelby Township Michigan

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Hi there!  I am not going to say the store to protect my identity.  But I am currently charged with retail fraud third degree out of Shelby Township, Michigan.  I am trying to figure out what may happen with my retail fraud and if I can go to jail.  I didn’t even steal anything.  The box of cookies they claim I was stealing was under my shopping cart and I did not realize it.  The Shelby Township or Utica police came.  I have been in trouble for Retail Fraud before.  what should I do

Comments

  1. Peter Torrice on December 26, 2014 at 3:53 pm said:

    Craig,

    Thank you for visiting http://www.AllLegalMatters.com and for your question. Retail Fraud in the third degree is punishable as follows under MCL 750.356D:

    (4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

    (a) 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 or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.

    (b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.

    (c) 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, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

    The prosecutor would have to prove exactly as stated above. It sounds to me that you did not necessarily intend to steal the cookies on your cart. The good thing is that the store will more than likely have a video tape that we can review, which should show that you may have forgotten about the cookies. We can discuss this later in person at my office.

    As stated above, Retail Fraud Third Degree is a 93 day misdemeanor. Meaning, the Shelby Township Judge could sentence you up to 93 days in jail. You did mention that you had a prior Retail Fraud, which is why I am surprised you have not been charged with a Second Degree Retail Fraud. The Macomb County Prosecutors Office may amend those charges later, however, right now it seems like you are lucky. This, of course, is dependable on the previous charge and whether you were actually convicted.

    Shelby Township Court and the Shelby Township Police Department do not like retail fraud cases because they do not like stealing in the city. With that said, you need a law office that will handle your case with the appropriate care. We here at Canu Torrice Law, PLLC are in the Shelby Township District Court consistently and can provide you with the defense that you need.

    Please call my law office to discuss further your case and come in for an appointment.

    Peter A. Torrice
    CANU TORRICE LAW, PLLC
    32059 Utica Road
    Fraser, MI 48026
    586-285-1700
    http://www.AllLegalMatters.com
    peter@AllLegalMatters.com

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