Michigan Shoplifting AttorneyCall Me: 248-924-9458Michigan Retail Fraud/ShopliftingIf you've been charged with a Michigan Retail Fraud for the very first time, this doesn't make you a criminal or a bad person. I see clients on a daily basis who have have never been been arrested in their life. It's quite common that a good person will get themselves in a bad situation, which results in being charged with a Michigan Retail Fraud.
Click here to learn how to take a growth mindset to a retail fraud case in Michigan The crime of retail fraud is by far the most common offense for a first offender. It's disheartening to sit across from a person who can't explain why they committed the crime, and they wish could go back in time and not make the same mistake. A conviction for retail fraud could be extremely damaging for keeping or getting a new job. This is where I come into play - I can help you move forward without this mistake affecting the rest of your life. It is quite possible to keep this incident off of your criminal record When you first call me, I will want to know about your past, and if you have a criminal record. From there, I will want to know where this happened and who was involved. We will begin the fact gathering process together, and start to put together our comprehensive game plan. From there, we will order all of the police reports and evidence in your case. We may be able to track down video and audio, and if necessary will get a private investigator involved to build your various defenses. As a former prosecutor, I will begin working with the prosecuting attorney to explore all of your options. This will be a two part defense; one we will work to defeat your case either by a dismissal or a not guilty verdict at trial; two I will work on getting you the best possible plea deal on the table as a backup plan. You will have options, and together as a team, we will decide your best path for your case. I look forward to working with you. Michigan Retail Fraud requires the prosecution to prove beyond a reasonable doubt that: - the defendant took some property that the store offered for sale, - the defendant moved the property (Any movement is enough. It does not matter whether the defendant actually got the property past the cashier or out of the store) - the defendant intended to steal the property. Intended to steal means that the defendant intended to permanently take the property from the store without the store's consent. - this happened either inside the store or in the immediate area around the store, while the store was open to the public. - the value of the property If the value of the property is below $200, it is Michigan Retail Fraud in Third Degree, which is a 93 day misdemeanor.
If the value of the property is between $200-$1,000, it is Michigan Retail Fraud in Second Degree, which is a one year misdemeanor. If the value of the property is more than $1,000, it is Michigan Retail Fraud in the First Degree, which is a felony. There are different variations for this offense for a defendant who attempts to make a false return exchange, and for price switching to a lower amount. These crime require slightly different elements, but have the same penalty. |
Click to Read Past Client ReviewsWe can apply The New Rules of Criminal Defense by making a decision to compete in a strategic manner, and acknowledge that retail is a serious allegation and charge in Michigan. When charged, the truth does not initially matter; many people charged with retail fraud don't realize just how big of a problem it is in our society. They view the store they stole from as big, corporate and greedy, and they won't miss the items stolen, because they need them more.
The needs to get out of the box and avoid having a fixed mindset or being angry or afraid of what happened; there is no saying sorry or wishing you paid; the incident is now in the past, move forward and adopt a growth mindset. I've never had a client tell me that they didn't have the money to pay; 100 percent of my clients who I work with have jobs, families, and the ability to pay for items. I find that clients steal because they are screaming out for help but don't realize it; they feel underappreciated and overworked, and not caring for themselves. We need to change the culture of a retail fraud charge, and adopt core values as we work toward complex change of the circumstances. We need to identify our stakeholders and shareholders with the judge, prosecutor, police, probation and the lost prevent officers and store employees playing a role; you will identify those in your life that this case could impact if you're sent to jail or have to live with a criminal record. A client balance sheet will cover a client's past, present and contain all of the assets we are going to create in the client value chain. When working on a retail fraud case, we need to work on the WHY; why did we put our whole life in jeopardy over a few groceries or some makeup; items we could have paid for, but we chose not to do so. We need to measure success and rebrand the case; turn the case from a theft crime to a moment in time to get your life on track; to build toward an outcome where stakeholders become shareholders, and we are able to get everyone on board with a potential dismissal and a path to not having a criminal record. 
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RETAIL FRAUD IN MICHIGAN
Name: Jennifer
Age: 35 years old
Profession: Nurse
Jennifer reaches out to me about a recent incident while shopping at her favorite department store. Jennifer was arrested for shoplifting some clothing items and charged with retail fraud.
She is recently divorced and has three young children. She has been stressed out at work, along with an ongoing custody battle, but has never been in trouble with the law before.
She tells me that she is a nurse and is very worried that this offense would take away her ability to support her family, and would lose her nursing license, which she worked so hard to earn.
I assure Jennifer that although this is a serious offense, that her future is very much within her control. It’s a good sign that she has identified some stress triggers in her life (work and family). I assure her that this sounds like a mental and emotional cry for help, and this is not turn her into a bad person, or a thief.
Although I can identify this common issue from my years of working with retail fraud clients, a prosecutor and judge simply don’t agree. It’s very common for a prosecutor and judge to see a name and a charge for stealing and assume that my client has been stealing for years and was finally caught. Now that we “got her” she should be punished and given a criminal record.
The first thing I tell Jennifer is that she needs to be aware of all potential reporting obligations to the State of Michigan for her license. I offer to refer her to a professional license attorney if she needs further guidance. Most of my clients who hold professional licenses will speak to this type of attorney outside of our work together to gain additional information.
From there we discuss the stress of the custody battle and her work anxiety; we setup an initial counseling appointment so she can further understand these triggers, and put a plan together going forward. It’s not good enough for my client to identify these underlying issues, we need a professional in that field to meet with her, and agree, while putting a plan in place.
We need to work away from that “wild card” factor; we cannot be unreliable to a judge and prosecutor, because they assume Jennifer has been stealing, with no plan to stop despite being charged with a crime.
Having a counselor slow the pace down and meet with Jennifer on a regular basis as we’re preparing for court, has now put her on a positive path. We supplement these sessions with support group meetings with other people charged with the same crime.
There is a group here in Michigan, which I recommend for all of my clients to attend. They do in-person meetings, and even meet over Zoom and the phone.
On top of these support group meetings, we put some educational classes into place, which I send these referrals to Jennifer, and she happily signs up. She is able to complete these courses in person or online.
My clients have told me in the past, that they learned a lot, and really understand how big this issue can be in this world, and the impact their small decision has on the greater picture. Jennifer signs up, and has now counseling, support group meetings, and educational classes in place.
Remember she was just released from custody, and we are now tracking, and waiting for her first court date, but we’re doing more than 99.9 percent of people in her same position. She is well on her way to changing the perception of her case. She is dealing with what happened on a personal level, so when we go to court, she is far along on the path to turning this into a positive learning experience.
We can never be sure something will not happen again, but at least we have created a track record and some tangible evidence that she is working to make better choices.
The final step in our proactive plan would be some community engagement. I tell Jennifer that I want her to do some legwork and final non-profit which she is passionate about. Her stealing from the store is a negative moment in the community.
The store workers, police, jail, prosecutor and judge have now all touched her case, because of her actions; these are public resources. We want to counteract these negative vibes with some positive steps in our same community. We certainly want to avoid the judge’s wrath that Jennifer “need to learn a lesson”.
By taking these four proactive steps, she has demonstrated how seriously she is taking the incident and has self-imposed a number of steps.
When we now go to court and work with the prosecutor, and judge, they are more likely to be open to creative solutions of resolution for her case.
What started off as a thief stealing from the store, and now turned into a mother of 3, having personal difficult at work and at home, which contributed to a lapse in judgment, and an isolated poor choice. If the prosecutor, and judge go along with this new theme, or “true impression” we are likely to be able to provide Jennifer a path to dismissal and keeping this off her record.
Along with a great result at the courthouse, she now has built up an alternative track record/path of redemption if she needs to further explain the incident to the licensing board, and to keep her job. She is no longer just hoping things work out, she has earned an extraordinary result.
Name: Jennifer
Age: 35 years old
Profession: Nurse
Jennifer reaches out to me about a recent incident while shopping at her favorite department store. Jennifer was arrested for shoplifting some clothing items and charged with retail fraud.
She is recently divorced and has three young children. She has been stressed out at work, along with an ongoing custody battle, but has never been in trouble with the law before.
She tells me that she is a nurse and is very worried that this offense would take away her ability to support her family, and would lose her nursing license, which she worked so hard to earn.
I assure Jennifer that although this is a serious offense, that her future is very much within her control. It’s a good sign that she has identified some stress triggers in her life (work and family). I assure her that this sounds like a mental and emotional cry for help, and this is not turn her into a bad person, or a thief.
Although I can identify this common issue from my years of working with retail fraud clients, a prosecutor and judge simply don’t agree. It’s very common for a prosecutor and judge to see a name and a charge for stealing and assume that my client has been stealing for years and was finally caught. Now that we “got her” she should be punished and given a criminal record.
The first thing I tell Jennifer is that she needs to be aware of all potential reporting obligations to the State of Michigan for her license. I offer to refer her to a professional license attorney if she needs further guidance. Most of my clients who hold professional licenses will speak to this type of attorney outside of our work together to gain additional information.
From there we discuss the stress of the custody battle and her work anxiety; we setup an initial counseling appointment so she can further understand these triggers, and put a plan together going forward. It’s not good enough for my client to identify these underlying issues, we need a professional in that field to meet with her, and agree, while putting a plan in place.
We need to work away from that “wild card” factor; we cannot be unreliable to a judge and prosecutor, because they assume Jennifer has been stealing, with no plan to stop despite being charged with a crime.
Having a counselor slow the pace down and meet with Jennifer on a regular basis as we’re preparing for court, has now put her on a positive path. We supplement these sessions with support group meetings with other people charged with the same crime.
There is a group here in Michigan, which I recommend for all of my clients to attend. They do in-person meetings, and even meet over Zoom and the phone.
On top of these support group meetings, we put some educational classes into place, which I send these referrals to Jennifer, and she happily signs up. She is able to complete these courses in person or online.
My clients have told me in the past, that they learned a lot, and really understand how big this issue can be in this world, and the impact their small decision has on the greater picture. Jennifer signs up, and has now counseling, support group meetings, and educational classes in place.
Remember she was just released from custody, and we are now tracking, and waiting for her first court date, but we’re doing more than 99.9 percent of people in her same position. She is well on her way to changing the perception of her case. She is dealing with what happened on a personal level, so when we go to court, she is far along on the path to turning this into a positive learning experience.
We can never be sure something will not happen again, but at least we have created a track record and some tangible evidence that she is working to make better choices.
The final step in our proactive plan would be some community engagement. I tell Jennifer that I want her to do some legwork and final non-profit which she is passionate about. Her stealing from the store is a negative moment in the community.
The store workers, police, jail, prosecutor and judge have now all touched her case, because of her actions; these are public resources. We want to counteract these negative vibes with some positive steps in our same community. We certainly want to avoid the judge’s wrath that Jennifer “need to learn a lesson”.
By taking these four proactive steps, she has demonstrated how seriously she is taking the incident and has self-imposed a number of steps.
When we now go to court and work with the prosecutor, and judge, they are more likely to be open to creative solutions of resolution for her case.
What started off as a thief stealing from the store, and now turned into a mother of 3, having personal difficult at work and at home, which contributed to a lapse in judgment, and an isolated poor choice. If the prosecutor, and judge go along with this new theme, or “true impression” we are likely to be able to provide Jennifer a path to dismissal and keeping this off her record.
Along with a great result at the courthouse, she now has built up an alternative track record/path of redemption if she needs to further explain the incident to the licensing board, and to keep her job. She is no longer just hoping things work out, she has earned an extraordinary result.
