Former Michigan Prosecutor | Jonathan Andrew Paul
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What is Retail Fraud Saginaw County - Birch Run Shoplifting Attorney

8/4/2023

 
​Finding yourself accused of Michigan Retail Fraud for the first time does not label you as a criminal or a dishonorable individual, even if you face such charges in the 70th District Court in Saginaw County. I frequently interact with clients who have never had a brush with the law before, but a momentary lapse in judgment at places like Birch Run Outlets leads to a shoplifting charge.

In Saginaw County, and notably at shopping destinations like Birch Run Outlets, retail fraud is the most recurrent offense committed by first-time offenders. As an attorney, it's disheartening to hear from individuals who struggle to understand their actions and ardently wish they could turn back time to sidestep their error. A retail fraud conviction could critically hinder your chances of retaining or gaining employment. Here, my role is to aid you in managing this difficult situation, aiming to prevent this singular error from leaving a lasting stain on your record.

In the 70th District Court of Saginaw County, to successfully prosecute Retail Fraud charges, it's essential for the prosecution to demonstrate beyond a reasonable doubt that:

- The defendant took merchandise offered for sale, such as at Birch Run Outlets,
- The defendant moved the merchandise (even a minor movement is sufficient, regardless of whether the defendant was able to take the merchandise past the checkout or out of the store),
- The defendant intended to steal the merchandise, meaning they planned to permanently deprive the store of the merchandise without its consent,
- The incident occurred either inside the store or in its immediate vicinity while the store was open to the public,
- The value of the merchandise.

In Michigan, if the merchandise is valued under $200, it's categorized as Retail Fraud in the Third Degree, a 93-day misdemeanor. If the value is between $200 and $1,000, it's classified as Retail Fraud in the Second Degree, punishable by a one-year misdemeanor. If the value exceeds $1,000, it's defined as Retail Fraud in the First Degree, a felony.

In the 70th District Court, similar offenses include fraudulent return exchanges or price tag switching. Though these crimes have slightly different characteristics, they carry identical penalties.

Being charged with shoplifting, particularly from popular locations such as Birch Run Outlets, can be an incredibly stressful experience. However, the support of an empathetic and compassionate attorney can significantly impact the outcome of your case. Here's how:

1. Understanding the Client's Perspective: An experienced attorney will endeavor to comprehend their client's perspective, taking time to listen to their story, understand the circumstances that led to the charge, and acknowledge the client's feelings about the situation.

2. Reducing the Stigma of a Shoplifting Charge: Shoplifting charges can carry a significant stigma, particularly in a closely-knit community like Saginaw County. An empathetic attorney can alleviate this stigma, enabling the client to actively participate in their defense.

3. Exploring Underlying Issues: Shoplifting can often be a symptom of deeper issues such as addiction, mental health concerns, or financial difficulties. An empathetic attorney can help uncover these issues, working towards solutions that may prevent future offenses.

4. Building a Strong Defense Strategy: A compassionate attorney can work collaboratively with the client to craft a strong defense strategy. This might include exploring options such as diversion programs, plea bargains, or alternative sentencing.

5. Providing Emotional Support: The emotional rollercoaster that accompanies a shoplifting charge can be overwhelming. An attorney offering empathy and compassion can provide emotional support throughout the legal process, helping the client navigate through the complexities of the legal system in the 70th District Court.

In conclusion, an empathetic and compassionate attorney can greatly influence the outcome of a shoplifting case in the 70th District Court of Saginaw County. By understanding the client's perspective, reducing stigma, addressing underlying issues, formulating a robust defense strategy, and offering emotional support, the attorney can assist their client in securing the best possible outcome.

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