By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 2, 2022
This article discusses the crime of retail fraud in 41B District Court. Retail fraud, also known as shoplifting or theft of retail merchandise, is a crime that involves stealing goods from a store. This can include taking items without paying for them, altering the price tag on an item to pay less than the listed price, or using a fake coupon to get a discount on an item. In order to be charged with retail fraud in 41B District Court, there must be evidence that you had the intent to steal items from the store and that you did in fact take those items.
Location of 41B District Court
41B District Court is located at 22380 Starks Drive, Clinton Township, Michigan, 48038. This Court serves the areas of Clinton Township, Harrison Township, and Mt. Clemens. As with all district courts, 41B District Court has the authority to resolve misdemeanors, arraignments, and probable cause hearings for felony cases.
What is Retail Fraud and what are the possible penalties?
With the number of retail establishments in Clinton Township, Harrison Township, and Mt. Clemens, retail fraud is a common offense in 41B District Court.
In Michigan, the law defines shoplifting as retail fraud. Retail fraud is defined as “theft of merchandise from a retail establishment.” This can be either taking something without paying for it or trying to return something that you did not purchase originally. Also, you do not have to leave the store to be charged with retail fraud. As long as the item is concealed with the intent to steal it, a retail fraud can be committed.
Retail fraud occurs when someone intentionally takes merchandise from a store without paying for it. This can be done in several ways, including:
– Shoplifting: concealing merchandise on your person and leaving the store without paying for it
– Switching price tags: attaching a lower price tag to an item and paying the lower amount
– Returning stolen items: taking merchandise from another location and returning it to the store for a refund
Retail fraud crimes are classified according to degree based upon the value of property stolen or attempted to be stolen. The severity of a retail fraud can be enhanced to a more serious offense if the person had been previously convicted of retail fraud offenses.
In Michigan, there are three degrees of retail fraud, each with its own penalties:
- Retail fraud in the first degree is a felony punishable by up to 5 years in prison, a fine of $10,000, or both. This offense is committed when an individual steals merchandise valued at $1,000 or more.
- Retail fraud in the second degree is a misdemeanor punishable by up to 1 year in jail, a fine of $1000, or both. This offense is committed when an individual steals merchandise valued between $200 and $999.
- Retail fraud in the third degree is a misdemeanor punishable by up to 93 days in jail, a fine of $500, or both. This offense is committed when an individual steals merchandise valued at less than $200.
In addition to the above penalties, an offender may be required to pay restitution to the victim of the crime. Restitution is intended to reimburse the victim for any losses incurred as a result of the crime.
Other consequnces for a retail fraud conviction
While the misdemeanor offenses of retail fraud may not be the most serious offense when viewed in the context of other crimes, a conviction for retail fraud can have severe consequences for career or job prospects. A conviction for retail fraud is considered a crime of theft or dishonesty. Employers that place employees in a position of trust do not want to hire someone with a crime of theft or dishonesty.
Here is an extreme example indicating how theft crimes are viewed. If you are convicted of retail fraud and testify as a witness during a trial, an attorney can challenge the truthfulness of your testimony because you had been previously convicted of a theft crime. On the other hand, if you went to prison for an assault crime, that crime cannot be mentioned in court to challenge the truthfulness of your testimony. So, while the crime of retail fraud, with the exception of first-degree fraud, may not seem serious initially, a conviction can have severe consequences for a person’s employment opportunities.
How to keep a crime of retail fraud off of your criminal history.
If you are charged with retail fraud in Michigan, it is important to understand the possible defenses that may be available to you.
First, you have the right to a trial. A trial defense can be based on the lack of evidence gathered by the police and store loss prevention officers. One of the most important things to keep in mind when being charged with retail fraud is the prosector must prove your guilt beyond a reasonable doubt. This requires the need for strong evidence. Without solid evidence, it can be difficult to build a case against you for retail fraud. Some good ways to present a defense would be to gather evidence including surveillance cameras, eyewitness testimony, and any documentation related to the transactions that took place to show that you did nothing wrong.
Based on the evidence, you may be able to argue that you did not actually commit retail fraud. This defense is typically used when the prosecution cannot prove that you intended to commit theft or that you actually took anything from the store. If the prosecution cannot prove the elements of retail fraud beyond a reasonable doubt, then you may be able to avoid a conviction.
Another potential defense is that you were mistakenly accused. This can happen if the store or business misidentifies the person who actually committed the theft.
Any decision to proceed to trial must be made after full consultation with an attorney who has reviewed all of the facts and evidence in your case. If you have been charged with retail fraud, it is important to consult with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
Other ways to keep a retail fraud conviction off of your criminal history
If you are charged with retail fraud, you should hire an attorney familiar with the court and prosecutors. Do not represent yourself. You don’t know how to deal with a Macomb County Prosecutor or city attorney. Mistakes or a lack of knowledge can and will hurt you.
A Macomb County, criminal defense lawyer with experience handling retail frauds in the 41B District Court is your best chance to keep the offense off your record.
For example, when we discuss the matter with the prosecutor, we can work out a plea deal where the case will be dismissed after a period of probation. Again, you can go to trial if you want. However, this is an explanation for those who committed the offense or have the facts stacked against them. When a plea deal to keep the offense off your record is negotiated, you get the same benefit of “not guilty” at trial without the risk of a conviction. In other words, you know what to expect from the case without leaving your fate to a jury. In the end, you know the case will be dismissed.
How is this done? Under a special law, MCL 771.1, you can earn a dismissal of the retail fraud charge after a period of probation. This is called a delayed sentence. At the end of the term of probation, the prosecutor agrees to dismiss the case against you.
Similar results can also be obtained under other provisions of law. For example, if your case is granted HYTA status, the case becomes invisible. A public background check will not reveal an arrest or case. This special provision is only for “youthful” offenders between the ages of 17 to 26. If the person is 21 and over, the prosecutor must agree to HYTA status. Between the ages of 17 and 20, the judge has sole discretion to grant HYTA even if the prosecutor objects. Learn more about HYTA here.
If the delayed sentence or HYTA provision is not applicable to your case, we have been successful in having the case amended to a non-theft offense.
Protect your record.
If you find yourself charged with retail fraud in 41B District Court, or any other court for that matter, take action by contacting our experienced defense attorneys. Our office has represented people from all walks of life and backgrounds. Many times the retail fraud offense is the only contact that they had or will ever have in their life. People sometimes make impulsive decisions and that does not make them bad people. We explain that to the court and prosecutor.
When you hire our experienced attorneys, we take actions to get the best possible outcome for your case. Our goal is to minimize the time you spend in the 41B District Court.
Regardless of the type of retail fraud offense that you have been charged with, it is important to work with our experienced criminal defense attorneys as soon as possible. Our lawyers can help review your case and determine the best course of action for your defense. We can also negotiate with prosecutors on your behalf and advocate for less severe penalties in the event that you are convicted.
Here is another article we wrote discussing retail fraud.
Contact Czarnecki & Taylor
If you have been charged with retail fraud in 41B District Court, it is important to seek legal help right away. Contact our skilled criminal defense attorneys today to learn more about how we can assist you with your case. With our help, you can work toward obtaining the best possible outcome for your situation.
If you are charged with retail fraud in 41B District Court, or in any court, Czarnecki & Taylor will take as much time as you need to explain how to keep this offense off of your criminal history. This also applies to people who tell us that they did commit retail fraud. We can still help. We can still work to keep the conviction off of your record. Your goal is our goal. We understand that you want to avoid a retail fraud conviction.
At Czarnecki & Taylor, we have experience handling every type of Michigan criminal charge. Whether you have been charged with a misdemeanor or a serious felony, our experienced attorneys will work tirelessly to advocate and help you achieve the best possible outcome in your case.
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. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.
If you have a retail fraud charge in the 41B District Court we can help 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, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.
Contact us to get straight answers about your retail fraud case. We offer:
- Free consultations with no obligations
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