By Attorney James Czarnecki | Czarnecki & Taylor PLLC | AUG 21, 2023

Introduction

Facing charges of retail fraud in Macomb County, Michigan can be a daunting experience. The potential consequences, including jail time, fines, probation, and a criminal record, can have a lasting impact on your life. A crime of theft or dishonesty is a terrible thing to have on your criminal history.

Retail fraud, which includes shoplifting, is a criminal offense in Michigan that can have a severe effect on a person’s future. It can be a life-altering experience to be charged with a crime; thus, it is imperative to understand your rights before pleading guilty or go to trial.

An experienced criminal defense attorney can help you regain control and maintain a clean record. With their expertise and knowledge of Michigan law, they can work to have the charges reduced or dismissed completely. They will carefully review the facts of your case to develop a sound legal strategy and guide you through every step of the process. With the right legal representation and a proactive approach, it is possible to get your case dismissed and avoid the negative consequences associated with a conviction.

In this comprehensive guide, we will explore the strategies and steps you can take to increase your chances of getting your retail fraud case dismissed in Macomb County.

It might even be possible to have your Macomb County retail fraud even if you are guilty of the offense.

Understanding Macomb County Retail Fraud

Retail fraud, also known as shoplifting, is a crime that involves the theft or attempted theft of merchandise from a retail establishment. In Macomb County, retail fraud cases are classified into three degrees or levels, depending on the value of the stolen merchandise and the defendant’s prior criminal history.

First Degree Retail Fraud: This is a felony charge that carries a maximum prison sentence of up to five years. It applies when the stolen merchandise is valued at $1,000 or more, or if the value is between $200 and $1,000 and the defendant has a prior theft conviction.
Second Degree Retail Fraud: This is a misdemeanor charge that carries a maximum county jail sentence of up to one year. It applies when the stolen merchandise is valued at least $200 but less than $1,000, or if the value is less than $200 and the defendant has a prior theft conviction.
Third Degree Retail Fraud: This is also a misdemeanor charge, punishable by a maximum county jail sentence of up to 93 days. It applies when the stolen merchandise is valued at less than $200 and the defendant has no prior theft convictions.

Retail fraud charges are usually the result of three scenarios. The first scenario is when a person takes an item from a store without paying for it. This can range from stealing a pack of gum to more expensive items like clothing or electronics. The second scenario is when someone alters the price tag on an item in order to pay less than what the item is worth. Finally, the third scenario occurs when someone uses false information to obtain services or items from a store. All of these scenarios are serious offenses and can result in harsh penalties upon conviction, including fines, jail time, or probation.

Learn more about what to expect when charged with a Michigan retail fraud or retail fraud in the 41B District Court – Clinton Township.

Consequences of a Retail Fraud Conviction

Even though retail fraud conviction do not often result in incarceration, a conviction will damage your reputation. For example, if an employer does a background check that reveals a retail fraud conviction, you will be looked at as a dishonest and untrustworthy person. It’s important to get an experienced Michigan criminal defense attorney on your side to help you navigate the system and get the best possible outcome for your case. An intelligent lawyer will provide advice about how to protect or restore your reputation after a retail fraud conviction. With their help, you can work to get your conviction expunged or sealed from public view or even plead for a lesser charge in order to avoid the stigma that comes with retail fraud.

The Importance of Legal Representation

When facing retail fraud charges in Macomb County, it is crucial to seek legal representation from an experienced criminal defense attorney. A skilled attorney will have a deep understanding of the local court system and the strategies necessary to get your case dismissed.

Research and Investigation: Your attorney will conduct thorough research and investigation to gather evidence that can support your defense. This may include reviewing police reports, witness statements, surveillance footage, and any other relevant materials.
Negotiations with Prosecutors: A skilled attorney will engage in negotiations with the prosecution to explore possible alternatives to a conviction. This may involve seeking a reduction in charges, entering into a plea agreement, or presenting mitigating factors that could lead to a dismissal.
Defense Strategy: Your attorney will develop a strong defense strategy tailored to the specific details of your case. This may involve challenging the evidence against you, questioning the legality of the search and seizure, or presenting evidence of mistaken identity or lack of intent.
Incriminating Statements: You have the right to remain silent and not make any self-incriminating statements. If you are arrested or questioned by law enforcement, it is important to remember that anything you say can be used against you in a court of law. It may be in your best interest to politely refuse to answer questions until you consult with an attorney. An experienced criminal defense lawyer will protect you by preventing you from making admissions.

Proactive Approach to Retail Fraud Defense

Taking a proactive approach to your retail fraud defense can significantly increase your chances of getting your Macomb County retail fraud case dismissed. Here are some steps you can take:

Hire an Experienced Attorney: As mentioned earlier, hiring an experienced criminal defense attorney is crucial. Look for an attorney who specializes in retail fraud cases in Macomb County and has a track record of successfully getting cases dismissed.
Gather Evidence: Work closely with your attorney to gather any evidence that can support your defense. This may include receipts, witness statements, surveillance footage, or any other relevant documents that can help prove your innocence or cast doubt on the prosecution’s case.
Maintain Open Communication with Your Attorney: Stay in regular contact with your attorney and keep them informed of any new developments or information that may be relevant to your defense. This will ensure that your defense strategy remains effective and up to date. Additionally, it is important to remain honest with your attorney about all aspects of your case and to prepare for any questions they may have. It can be intimidating to speak openly with your attorney, but this is necessary in order for them to provide you with the best possible defense. Open communication between client and attorney is essential.

Potential Defense Strategies

In retail fraud cases, there are several defense strategies that can be employed to challenge the prosecution’s case and increase your chances of getting your case dismissed. Here are some common defense strategies:

Lack of Intent: Retail fraud requires proof that you had the intent to steal the merchandise. If you can demonstrate that there was no intent to steal or that you accidentally took the merchandise without intending to do so, it can weaken the prosecution’s case against you.
Mistaken Identity: If there is evidence or witness testimony that suggests you were mistakenly identified as the perpetrator, your attorney can present this evidence to challenge the accuracy of the accusations against you.
Illegal Search and Seizure: If the evidence against you was obtained through an illegal search and seizure, your attorney can argue that it should be suppressed and not admissible in court. This can significantly weaken the prosecution’s case.
Insufficient Evidence: Your attorney can challenge the sufficiency of the evidence presented by the prosecution. If the evidence is weak or lacking, it can cast doubt on your guilt and increase the chances of a dismissal.

Navigating the Legal Process

Understanding the legal process involved in retail fraud cases in Macomb County is essential for a successful defense. Here is an overview of the process:

Arrest and Booking: If you are arrested for retail fraud, you will be booked into the local police station or county jail. It is crucial to exercise your right to remain silent and wait for your attorney before making any statements to law enforcement.
Arraignment: At the arraignment, you will be formally charged, and you will have the opportunity to enter a plea of not guilty or no contest. It is advisable to consult with your attorney before making any plea.
Pre-Trial Conference: During the pre-trial conference, your attorney will negotiate with the prosecution to explore possible alternatives to trial, such as a plea agreement or dismissal.
Trial: If a favorable resolution cannot be reached through negotiations, your case may proceed to trial. Your attorney will present your defense and challenge the prosecution’s case, aiming to convince the judge or jury of your innocence.
Sentencing: If you are found guilty or plead guilty, the judge will determine your sentence. Your attorney can advocate for leniency and present mitigating factors that may reduce the severity of the punishment.

Getting Your Macomb County Retail Fraud Dismissed

You may be able to get your charges dismissed even if you committed a retail fraud offense . You should know, being charged with a crime does not mean that you will be convicted of that crime. It is important to remember your case may be able to be defended and the charge dismissed if there are any defenses available to you. A skilled criminal defense attorney can help you understand the strengths and weaknesses of your case, as well as explain what options are available. An experienced attorney will also work hard on your behalf to negotiate with prosecutors for a favorable plea deal or even dismissal of the charges.

A person commits a retail fraud for typically three reasons:

Poverty: Many people in Michigan turn to retail fraud as a means of supporting themselves and their families. It is not uncommon for those living in poverty to resort to stealing goods in order to make ends meet or put food on the table. Unfortunately, they often face harsh legal consequences if caught, as Michigan takes retail fraud offenses seriously.
Medications/Medical Conditions: Medications or mental health issues can cause some people to commit retail fraud crimes that they would not normally commit. If you or someone you know has committed retail fraud and has a mental health condition, or is taking medication that affects their judgment, there may be defenses available.
Impulsiveness: Impulsiveness may lead to people making quick decisions or acting without thinking, which could lead to retail fraud. It could also be a symptom of an underlying mental illness or substance abuse problem as mentioned above.

Our attorneys are experienced in defending clients accused of retail fraud and can provide the best defense against such charges. We understand that everyone is different, and will work with you to develop the most effective strategy for your unique case. We will fight for your rights in court while remaining compassionate to your needs.

The following strategies can be used to get a Macomb County retail fraud dismissed even if you committed the offense.

Delayed Sentence

In this section, we will explore how an attorney can use a specific legal code, 771.1, to your advantage to get your Macomb County retail fraud dismissed in the state of Michigan.

Facing a criminal charge can be a scary and overwhelming experience, especially when it involves retail fraud. However, knowing the right legal strategies can make a significant difference in the outcome of your case.

The legal code 771.1 provides a potential path to getting your retail fraud charges dismissed in Michigan even if you are guilty. MCL 771.1 is a legal code that allows for the dismissal of retail fraud charges under certain circumstances. It provides an opportunity for individuals charged with retail fraud to avoid a criminal conviction.

Consulting with an experienced attorney who is knowledgeable about retail fraud cases is crucial to determine if 771.1 is a viable option for your defense. Your attorney will have to negotiate a deal with the prosecutor where, at a later date, and after a term of probation, the prosecutor will dismiss the case despite your guilt.

An experienced attorney will have a deep understanding of Michigan law, including the nuances of 771.1. They can guide you through the legal process, build a strong defense strategy tailored to your case, and advocate for your rights in court.

While 771.1 provides a potential path to dismissal for retail fraud charges, it may not be suitable for every case. However, depending on the circumstances, there may be other legal options available to resolve your charges.

One alternative option is negotiating a plea bargain with the prosecution. This involves reaching an agreement where you plead guilty to a lesser offense in exchange for reduced penalties or a dismissal of the original charges.

Holmes Youthful Trainee Act (HYTA)

HYTA stands for the Holmes Youthful Trainee Act. This Michigan act was created to provide a second chance to first-time, non-violent offenders between the ages of 17 and before 26. It allows these young adults to serve probationary sentence without having the conviction appear on their permanent criminal record. This is a great opportunity for those facing criminal charges to avoid having a conviction appear on their record which could have lasting negative implications.

The HYTA program requires an individual to plead guilty, serve probation, and comply with any court-mandated terms of the sentence. If these requirements are met, the conviction will be set aside and not appear on the individual’s criminal record. It is important to note that the statute requires a judge to consider certain factors in determining whether someone qualifies for HYTA, including the seriousness of the offense and the individual’s age at the time of arrest.There are some restrictions as to which offenses may be eligible for HYTA, such as sex offenses, major felonies, or crimes involving firearms.

We explain HYTA in great detail in this article.

The Benefits of Case Dismissal

Getting your retail fraud case dismissed in Macomb County can have several significant benefits:

Avoiding a Criminal Record: A dismissal means that there will be no conviction on your record, preserving your reputation and future employment prospects.
Avoiding Jail Time: By getting your case dismissed, you can avoid the potential jail time associated with a retail fraud conviction.
Preserving Your Legal Rights: A dismissal ensures that your constitutional rights are protected and that you are not unjustly punished for a crime you did not commit.

Conclusion

Facing retail fraud charges in Macomb County can be a stressful and overwhelming experience. However, with the right legal representation and a proactive approach, it is possible to get your case dismissed and avoid the long-lasting consequences of a conviction. By hiring an experienced attorney, gathering evidence, understanding the law, and employing effective defense strategies, you can increase your chances of achieving a favorable outcome. Remember to maintain open communication with your attorney and stay engaged in the legal process. With diligence and strategic planning, you can navigate the legal system and achieve the best possible result for your retail fraud case in Macomb County.

Contact Us.

One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. No matter how complex or challenging your situation may be, you can trust that we will do everything we can to get you the results you need. Our lawyers are aggressive advocates who fight tirelessly on behalf of our clients. Whether you need help negotiating a plea deal or defending yourself at trial, we will work hard to achieve the best possible outcome for your case.

Are you charged with retail fraud? We can take care of this for you. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, contact us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.

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