Former Michigan Prosecutor | Jonathan Andrew Paul
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Ann Arbor Retail Fraud - Washtenaw County Reporting vs Non-Reporting Probation Daily Mailbag #4 - February 12, 2014

2/12/2014

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Today we explore some questions I've received from potential clients in the Washtenaw County area about retail fraud cases. In this mailbag we explore questions about the 15th District Court judges and reporting vs non-reporting probation.

1. I was recently arrested for retail fraud in Washtenaw County, and I'm worried about a criminal record, what are my options?

The judges in Washtenaw County handle a lot of retail fraud cases, and your result can vary based upon your approach to your case.  If you take the normal approach and simply sit back on your heels and play defense, you're likely to have limited options, which include going to trial against pretty strong evidence or pleading guilty and having a criminal record with a tough sentence, which will cost you a lot of money and time.  

My approach is much different - my clients are pro-active from day one and put themselves in the best position possible to create additional options.  While an attorney in Michigan can never guarantee an outcome, my approach has lead to clients having their cases dismissed and having no criminal record from their retail fraud crime.  

2. What's the difference  between reporting and non-reporting probation at the 15th District Court? 

If a client is sentenced to probation it will be reporting vs non-reporting.  Generally at the 15th District Court a client meets with probation prior to sentencing and the probation department makes a recommendation.  The judge may follow or adapt the recommendation.  One component could be probation.  Reporting probation means you have a probation officer who keeps a close eye on you, and you meet with multiple times during your probation term.  Non-reporting means you're still on probation and subject to your conditions, and can still violate probation, but you're not meeting with probation on a regular basis, and it's a little less formal and hands on.  

So how do you get non-reporting probation? Being pro-active is a good start.  A judge will give you reporting probation if they think you need the supervision - a judge may give you non-reporting if they don't think you need that extra supervision.  I use the example of cleaning your room as a child - if the judge has to tell you to do things, you're probably getting supervised probation - if you follow my plan and do a few things during your case (cleaning your room without being told to do so), a judge may give you the benefit of the doubt and say it seems like you're already doing the right thing so maybe you don't need the supervision.  The judges in Ann Arbor are Judge Hines, Easthope and Burke - they each have different approaches to probation, which I am happy to discuss with a potential client. 

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Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor