Recently had a client get lectured by a judge for stealing when she had a good job, and the means to pay for the items; she was highly educated and successful . The judge seemed like he wanted to send a message to this client that she has all the advantages in her favor, yet she still stole.
Luckily for this client, she had been working on a proactive plan the entire time leading up to court and was able to spend some time reflecting on her poor choice and had a better understanding of why she did it. Retail fraud in Michigan is rarely about lack of means, but rather an issue of mental and emotional instability that leads to good, hard working and responsible members of society making poor choices. It's no different than someone who has an alcohol, drug or eating disorder. Deep down you know your behavior is not "healthy" and is not a wise long-term choice to make, but in the short term and in the moment, it pushes you to put your good judgment aside and act on the urges and short-term feelings of satisfaction and want.
Judges and prosecutors don't understand this, because I was a prosecutor in New York City and here in Michigan, and I used to view shoplifters as dishonest thieves with bad intentions - nothing can be further from the truth - it's not an excuse for their actions, but there's very good and reasonable explanations for what they do, and it's important for everyone involved in the case to understand this situation. Words alone will not carry the day, but rather the actions you take to change the perception of your case.
Luckily for this client, she had been working on a proactive plan the entire time leading up to court and was able to spend some time reflecting on her poor choice and had a better understanding of why she did it. Retail fraud in Michigan is rarely about lack of means, but rather an issue of mental and emotional instability that leads to good, hard working and responsible members of society making poor choices. It's no different than someone who has an alcohol, drug or eating disorder. Deep down you know your behavior is not "healthy" and is not a wise long-term choice to make, but in the short term and in the moment, it pushes you to put your good judgment aside and act on the urges and short-term feelings of satisfaction and want.
Judges and prosecutors don't understand this, because I was a prosecutor in New York City and here in Michigan, and I used to view shoplifters as dishonest thieves with bad intentions - nothing can be further from the truth - it's not an excuse for their actions, but there's very good and reasonable explanations for what they do, and it's important for everyone involved in the case to understand this situation. Words alone will not carry the day, but rather the actions you take to change the perception of your case.
