MICHIGAN LAW BLOG
Retail Fraud Northville Michigan Lawyer

Many people come to our office charged with retail fraud, they are otherwise law-abiding citizens who made a one time mistake. Many times they aren’t even sure why they decided to steel something, other times they were falsely accused. You are not the first person and you won’t be the last to be charged with retail fraud.

Northville retail fraud lawyer, Aaron J. Boria is here to help. We have obtained dismissals, not guilty acquittal, and reductions for those charged with retail fraud. Call (734) 453-7806.

Retail Fraud Northville

Meijer, Kohl’s, and other stores along Haggerty and throughout Northville aggressively prosecute people they believe tried to steel from their store.

The 35th District Court is located in Plymouth just down the street from out office. If you are accused of retail fraud in Northville the 35th district court is where your case will be heard. Judge Gerou, Judge Lowe, or Judge Plakas will preside over any retail fraud matter occurring in Northville.

There are three types of retail fraud in Michigan.

First there is price switching. Retail fraud based on price switching occurs when someone switches the price tag or UPC code on an object in order to get an item for a reduced price.

Second there is false exchange. Retail fraud based on false exchange occurs when someone returns an item that belonged to the store in order to get something of value.

Third there is theft. Retail fraud based on theft is the most common type of retail fraud and is simply when someone takes an item without paying for it.

Retail Fraud Penalties

Retail fraud is broken down into three degrees. First degree is the most serious and is a felony, meaning that it is punishable by prison time. Second and third degree retail fraud are misdemeanors and is punishable by county jail time.

The degrees of retail fraud are based on the value of the item stolen.

If the value of the item taken exceeds $1,000.00 the offense will charged as felony retail fraud first degree.

If the value of the item is between $200 and $999.99 then the offense will be charged as retail fraud second, punishable by up to a year in jail.

Finally, if the item stolen is worth one cent up to $199.99 the offense will be charged as retail fraud third and is punishable by up to 93 days in jail.

Retail fraud is a crime of moral turpitude. Crimes of moral turpitude are especially bad because the label you as a thief, or more simply, someone not to be trusted. Having a crime of moral turpitude makes it hard to get a job especially if that job will involve handling money. A conviction for retail fraud is permanently entered onto your criminal record and does not come off with the passage of time.

For the reasons mentioned above it is so important that you hire an experienced criminal lawyer.

Retail Fraud Defense Lawyer

Retail fraud charges can be defended. Every case is unique, so your case may have its own defense. Retail fraud lawyer, Aaron J. Boria is here to help. We fight for our clients and we get results other lawyers cannot. Call (734) 453-7806.

Even in cases where our client is truly guilty we are often able to get their case sealed, dismissed, or reduced to an offense that won’t label them a thief for the rest of their lives.

Common defense to retail fraud include the following:

Abandonment – the person or business no longer wanted the item

Wrongfully accused – Someone lied or was mistaken as to what happened

Lack of Specific Intent – You took the item by mistake or you never meant to take it in the first place.

Claim of right – the item you are accused of taking was your own.

 
Canton Lawyer – Suspended License

In our most recent traffic criminal case our client was charged with Driving While License Suspended, a criminal misdemeanor, after Canton Police pulled him over. Criminal lawyer, Aaron J. Boria took the case and the criminal charge was dismissed.

If you have been charged with a crime in the 35th District Court then you need to call Canton lawyer, Aaron J. Boria (734) 453-7806 or email him directly at borialaw@gmail.com. At Aaron J. Boria, PLLC, we obtain results that other lawyers simply cannot.

Traffic Ticket in Canton Michigan

The client’s matter was heard at the 35th District Court in Plymouth by Judge Ronald Lowe. Our client was afraid to be convicted of a crime because he didn’t want to have to tell future employers he had been convicted of a crime. He was here on a student visa and he was worried he would have problems with immigration also.

Our client hired Canton lawyer, Aaron J. Boria and the end result was the criminal charge of driving while license suspended was dismissed. Our client walked out of court without a criminal conviction. We also filed a motion to have his fingerprints and arrest card destroyed.

Driving While License Suspended in Canton

Our client was parked in a neighborhood at night with his car idling and his lights off. A Canton Police Officer saw the vehicle, and concerned that our client might be a would-be criminal he ran our client’s license plate, and sure enough the information told the Canton Officer that our client’s license was suspended.

The Canton officer ordered our client out of the car where he was eventually arrested, his car was towed, and our client was taken to the station where he was booked. Our client posted a bond in order to leave the station. He was given a ticket and told that he needed to report to the 35th District Court in Plymouth to answer for his heinous crime.

Driving While License Suspended is a criminal offense. If convicted you will be branded a criminal and it will permenately be marked on your criminal record and your driving record.

Our client would also be facing up to 93 days in jail, a suspension of his license for 30 days, points on his license, and driver responsibility fees.

Canton Court

The 35th District Court handles criminal matters that occur in Plymouth Township and Plymouth City, Northville Township and Northville City, and Canton Township, which was the case here. There are three judges at the 35th District Court and they are Judge Lowe, Judge Plakas, and Judge Gerou.

Our client made the right call and that was to Canton traffic lawyer, Aaron J. Boria. The first thing we did was file documents to get our client’s first court date waived so he would not have to waste his time missing school for what would likely be a waste of time.

We then gathered documents to dhow to the prosecutor to help with the defense of the case.

When you are charged with driving while license suspended the secretary of state has to be able to prove that they sent correspondence to your address that they are suspending your license. If the secretary of state fails to notify you then the prosecutor is going to have a very hard time proving that you were aware your license was suspended.

What was interesting in this case was that our client was driving here on a license from another state. When we pulled his driving record we did not see that a notice was ever sent. It is possible that the prosecutor could have claimed another government body, like a court, suspended his license and provided notice but they did not have any documentation to prove it.

When Boria we with the Canton prosecuting attorney and showed them the flaws they had in their case they agrees to dismiss the criminal charge.

We went into Judge Lowe’s courtroom at the 35th District Court with a signed dismissal by the prosecutor and the Judge officially dismissed the criminal charge and sent us on our way.

Canton Lawyer

Aaron J. Boria is your premier criminal defense Canton Lawyer. Boria has won multiple criminal jury trials at the 35th District Court and has actually won a trial in front of every judge at the 35th District Court, something very few lawyers can say.

If you are facing criminal charges in Canton Northville or Plymouth hire the attorney that will get your back, hire Aaron J. Boria. Call (734) 453-7806 or email Aaron J. Boria at borialaw@gmail.com.

We take on a limited number of criminal cases each month to make sure that our client’s get the attention they need to get the best result possible. We go out of our way to make sure that our client’s receive an email or a call back almost immediately.
Retail Fraud Lawyer – Shoplifting

Retail fraud is a serious criminal offense that carries both steep jail sentences and hefty fines. A retail fraud conviction is a crime of moral turpitude, which means it can have a negative impact on your ability to get a job and could even result in deportation for someone that is not a citizen.

If you have been charged with retail fraud contact criminal lawyer, Aaron J. Boria at (734) 453-7806. 

Even if you believe you are guilty, almost all of the retail fraud matters Boria handles result in a dismissal or reduced charge. Many of Boria’s past results have saved his client’s major fines, stiff penalties, and premaritally being labeled as a criminal. 

Retail Fraud – Shoplifting

Retail fraud, or shoplifting as it is more commonly known, is charged when a person is accused of stealing an item from a store that is open for business.

Retail fraud is also charged when someone tries to return an item to the store that they never purchased in order to get a store credit or cash.

Retail fraud can also be charged when someone switches a UPC code or price tag in order to purchase an item for less.

Retail Fraud – Shoplifting Penalties in Michigan

Retail fraud is taken very seriously by police and prosecutors. The smallest thefts are prosecuted in Michigan. On one occasion we represented someone facing a 93 day misdemeanor for stealing a Godiva candy bar from Kohl’s. 

Retail fraud is broken down into three degrees. The first degree is a felony punishable by up to five years in prison, and $10,000 in fines or three times the value of the item stolen.

First-degree retail fraud is charged when a person is accused of stealing an item listed for sale at $1,000.00 or more.

The second degree is a misdemeanor punishable by up to one year in jail, and $2,000 in fines or three times the value of the item stolen.

Second-degree retail fraud is charged when a person is accused of stealing an item listed for sale at $100 to $999.99.

The third degree is a misdemeanor punishable by up to 93 days in jail, and $500 in fines or three times the value of the item stolen.

Third degree retail fraud is charged when a person is accused of stealing an item listed at $99 or less.

Retail Fraud – Shoplifting Defenses

Common defenses to shoplifting include the following:

Claim of right – The item you are accused of stealing is yours

Mistake – There are many variations of mistake but one example would be someone accusing you of shoplifting when you were not. Perhaps you weren’t leaving the store but security thought you were exhibiting shady behavior and accused you of stealing.

Accident – Maybe the item fell in your cart by mistake or you were just overwhelmed with your normal day and accidently left with your item.

Retail Fraud Shoplifting Lawyer

There may be other defenses for your case depending on what happened. If you have been charged with retail fraud then you need to call criminal defense lawyer, Aaron J. Boria at (734) 453-7806.

Aaron J. Boria has obtained many retail fraud dismissals and saved his clients of being convicted of this crime.

Cobb’s Agreement in Michigan

What is a Cobb’s Plea?

A Cobb’s Plea is a legal mechanism that allows a person to plead guilty to a criminal offense with some certainty as to what their sentence from the judge will be.

In any criminal case, a judge has a great deal of latitude to sentence someone. The judge gets to pick if a person gets probation, jail or prison, and for how long. There is also a wide range of programs, community service, and therapy a judge can order someone to participate in. How often someone tests for drugs or alcohol is up the the judge and much more. 

When a person enters into a Cobb’s agreement the judge may be very specific and tell them a definite jail term, or the judge may be more vague. For example,  Oakland County Circuit Court Judge Warren will usually give a Cobbs agreement to sentence the person to the lower third of the possible jail term.

If the defendant likes the Cobb’s agreement he can plead guilty and come back for sentencing. If the defendant does not like the offer the judge makes then the person can reject the offer and proceed to trial.

Why ask for a Cobbs plea?

Aside from the reasons mentioned above, there are some cases where you cannot get a plea deal, or you have a prosecutor or victim our for blood. A Cobbs agreement is a way to get a deal from a reasonable judge when the prosecutor or victim are being unreasonable.

What if the Judge Doesn’t Follow the Cobb’s Agreement at Sentencing?

If the judge entered into a Cobb’s agreement with the Defendant and then later reneges on that agreement the Defendant is legally entitled to withdraw their plea and proceed to trial. This way the Defendant does not get tricked into pleading guilty.

Why is it called a Cobb’s Agreement?

A Cobb’s agreement is based on the Michigan Supreme Court People v Cobbs, 443 Mich 276 (1993). The case involved kidnapping and the defendant entered into a sentencing agreement with the judge. The prosecutor objected and the case went up on appeal. The Michigan Supreme Court found that the judge had acted fairly.

If you have been charged with a criminal offense contact criminal defense lawyer Aaron J. Boria. We know the courts, we know the prosecutors, and we know the system. We defend our clients zealously and guide them through a difficult time. Call today for a free consultation.

For a list of some of the Michigan criminal offenses we defend click here for the main page.
Drinking and Driving Lawyer – Michigan DUI

Being charged with drinking and driving is a terrible feeling. You may have feelings of anger, frustration, embarrassment, dread, or something else. Facing a DUI is a very confusing time and you probably have a lot of questions.

Michigan drinking and driving lawyer, Aaron J. Boria is experienced in defending DUI charges all over Michigan. Boria is here to guide you through the process and answer all of the hard to answer questions. 

Call (734) 453-7806 or shoot him an email at borialaw@gmail.com. Most of our clients tell us at the end of the case that they felt better about their situation after their first phone call with Aaron, that he put them at ease, relived their stress and restored some confidence. 

Drinking and Driving Lawyer – Michigan

Being convicted of a DUI means the loss of your driver license, massive fines, and could even mean jail time, not to mention a permanent mark on your driving record and your criminal record.

The video below may help to answer some basic questions you have about being charged with a DUI. 

Michigan DUI lawyer, Aaron J. Boria, has obtained reductions, dismissals, and not guilty verdicts.

Boria is certified in standard field sobriety testing, and has also completed courses in chemical testing and other advanced DUI defense trainings.

Boria cares about his clients and routinely meets with them and their families, meets with his clients in jail and always tries to return their phone calls within 48 hours or less.

We make sure to obtain all the evidence available in a client’s matter to find out if we can challenge the stop, the arrest, and the chemical testing. Why do we do this? If the stop, the arrest, or chemical testing is not done properly then your case will be dismissed. That’s right, even if everything you know about the case makes you believe you are guilty there is still the possibility of a dismissal. 

DUI Defense Lawyer

If you have been charged with drinking and driving your ticket may read OWI, which is short for Operating While Intoxicated, or .17 or Higher, which is Michigan’s newer Super Drunk Law.

These offenses are serious so you need a serious and experienced lawyer.

Whatever the charge may be Aaron J. Boria is ready to fight for you. Contact Boria today for a free consultation (734) 453-7806. 
Canton DUI Defense

Canton Police were out in full force this past weekend making arrests for drunk driving, and many other criminal charges. If you were charged with OWI by Canton police you are not alone. 

If you have been charged with drinking and driving in Canton contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.

Canton Court Lawyer

If you were charged with drinking and driving by the Canton Police then your case will be heard at the 35th District Court in Plymouth located on Plymouth Road west of Haggerty.

Your case will be heard by one of three judges, Judge Plakas, Judge Gerou, or Chief Judge Lowe. DUI lawyer, Aaron J. Boria has appeared in front of each of these judges for drinking and driving offenses and has won criminal trials in front of each one of them.

Each of the three judges handles drinking and driving cases in their own way. In the event of a conviction each of these judges sentence a bit differently. 

Depending on the final charge, your case will be prosecuted by the Wayne County Prosecutor’s office or the Law Office of Hemming, Polaczyk,Cronin, Without, Bennett, & Demopoulos, P.C.

The prosecutor is the attorney that represents the government body accusing you of the crime, in this case they represent Canton or the State of Michigan. You can think of the prosecutor as the attorney for the police. The prosecutor is not there to help you they are their to convict you. 

DUI Lawyer Canton

Canton police are aggressive when it comes to drinking and driving offenses. DUI lawyer, Aaron J. Bora has experienced Canton police make arrests when a person was only .01 above the limit and has even seen prosecutions when chemical evidence indicated the person was below the legal limit, so do not expect any breaks.

DUI lawyer Aaron J. Boria fights drinking and driving offenses regardless if someone is below the limit or high above. You have rights, and if the police violated your rights then your case may get dismissed or you may win at trial. Boria has represented countless people accused of drinking and driving in Canton obtaining amazing results from out right dismissals, to major charge reductions.  

A conviction for Operating While intoxicated will result in the loss of your driver license, massive fines, points on your driving record and could even result in jail time. When you are facing consequences like these you need a DUI lawyer that knows the law and knows how to fight for you.

Call (734) 453-7806 to speak with DUI lawyer Aaron J. Boria. We fight for our clients and we get results!
Reasons to be stopped for Michigan DUI

Prosecutors in the state of Michigan are under tremendous pressure to fiercely prosecute Drinking and driving offenses. Police undergo hours of training to teaching them what to look for when suspecting a driver of operating while intoxicated.

Reasons for Drinking and Driving stops

All drinking and driving offenses start with the police stopping or detaining a suspected drunk driver. 

The National Highway Traffic Safety Administration publishes a guide for police officers to learn DWI detection. The reasons for stopping a driver suspected of drunk driving is broken down in the manual and percentages of the chances that the person is intoxicated are listed in a range. (Many experts argue that the statistics are based on junk science) The following information comes straight from the manual.

Problems Maintaining Proper Lane Position 5 0 – 7 5% Chance Driver Is Drunk:

• Weaving?

• Weaving across lane lines?

• Straddling a lane line?

• Swerving?

• Turning with a wide radius?

• Drifting?

• Almost striking a vehicle or other object?

Speed and Braking Problems 45 – 70% Chance Driver Is Drunk:

• Stopping problems (too far, too short, or too jerky)?

• Accelerating or decelerating for no apparent reason?

• Varying speed?

• Slow speed (10+ mph under limit)?

Vigilance Problems 55 – 65% Chance Driver Is Drunk:

• Driving in opposing lanes or wrong way on one-way?

• Slow response to traffic signals?

• Slow or failure to respond to officer’s signals?

• Stopping in lane for no apparent reason?

• Driving without headlights at night?

• Failure to signal or signal inconsistent with action?

Judgment Problems?35 – 90% Chance Driver Is Drunk:

• Following too closely?

• Improper or unsafe lane change?

• Illegal or improper turn (too fast, jerky, sharp, etc.)?

• Driving on other than the designated roadway?

• Stopping inappropriately in response to officer?

• Inappropriate or unusual behavior (throwing, arguing, etc.)?

• Appearing to be impaired

Post Stop Cues Greater or Equal to 85% Chance Driver Is Drunk:

• Difficulty with motor vehicle controls?

• Difficulty exiting the vehicle?

• Fumbling with driver’s license or registration?

• Repeating questions or comments?

• Swaying, unsteady, or balance problems?

• Leaning on the vehicle or other object?

• Slurred speech?

• Slow to respond to officer or officer must repeat

• Providing incorrect information, changes answers

• Odor of alcoholic beverage from the driver

.50% When Combined With Any Other cue:?

• Driving without headlights at night?

• Failure to signal or signal inconsistent with action

As you can see officers are trained to believe there is a possibility that you are driving drunk for just about any reason. Aaron J. Boria has received training from a former police instructor and court-accepted expert in the same training as officers. That means we know how to defend you against the garbage “science” of drinking and driving enforcement.

Boria has been hired by medical professionals, lawyers, and even police officers who have been accused of criminal offense. If you have been accused of a crime call the attorney that the professionals call. 

Contact Michigan drinking and driving attorney Aaron J. Boria today (734) 453-7806
OWI Second Dismissed – Romulus Lawyer

Our client was charged with Super Drunk after he was found asleep in the driver seat while the car was running and in gear. He was arrested for drinking and driving by the Romlulus Police and ultimately charged with the Super Drunk High BAC offense.

Our client called OWI lawyer Aaron J. Boria. Not only were we able to get the High BAC drinking and driving offense knocked all the way down to a Impaired Driving, the lowest drinking and driving offense in Michigan, but we were also able to prevent him from getting hit with the second offense DUI sanctions from the secretary of state.

If you are charged with drinking and driving contact DUI lawyer Aaron J. Boria (734) 453-7806. 

OWI Second Offense 

A second offense drunk driving is charged when their is a previous conviction within seven years of a new arrest. The penalties for OWI second are severe: 

  • A second offense drunk driving is punishable by up to a year in the county jail. Quite a bit more potential jail time than a first offense OWI which is 93 days. 
  • Mandatory 5 days minimum up front jail time
  • The fine is increased from $500 to $1,000
  • 6 points are added to your record
  • Your car has to be forfeited or immobilized 
  • Your driver license will be revoked

In this case the client had a previous drunk driving conviction from seven years prior. This meant that if convicted he would face the Secretary of State consequences of a second offense drinking and driving which would mean that his license would be revoked indefinitely. This is different from a first offense where the license is suspended or restricted but later reinstated after a period of time. 

Drinking and Driving Consequences

If convicted of the second offense he would have faced mandatory jail time, the loss of his license until he had a special hearing which cannot be done for at least a year and more.

Even if our client wasn’t facing a second offense drunk driving and was only convicted of the High BAC Super Drunk Offense our client would have faced up to 6 months in jail, hundreds of hours of community service, 6 points on his driver’s license, hefty fines, including thousands in driver responsibility fees, along with a 1-year suspension of driving. He could have gotten some driving privileges but only with a Breath Ignition Interlock Device installed on his car.

Instead, the potential jail time he will face has been cut in half. Two points will be knocked off. We will save him close to two thousand in fees alone. His license will never be suspended and he will never have to have a blow and go installed on his car.

OWI Lawyer

If you are facing drinking and driving charges then you need to contact OWI lawyer, Aaron J. Boria. We bend over backwards for our clients and we do everything we can to get them the best result possible.

Call (734) 453-7806
OWI Lawyer in Plymouth

If you have been arrested for Operating While Intoxicated (OWI), or more commonly known as drinking and driving, in Plymouth Michigan then you need an OWI lawyer that will fight for you and get the results that you need.

A great Plymouth OWI lawyer will know not only how to handle your drinking and driving case but they will also know how to deal with the prosecutors and judges to get you the best possible result. Call (734) 453-7806 to speak with Plymouth OWI Lawyer Aaron J. Boria.

In the majority of cases that Boria Law handles, our clients keep their driver license, stay out of jail, get reduced points on their record, and save a significant amount of money in fines and costs even in cases where our clients are truly guilty. 

Operating While Intoxicated in Plymouth

Your case will be heard by one of three judges at the 35th District Court in Plymouth. One of three prosecutor’s offices will be pursuing a drinking and driving conviction against you: The Plymouth City Prosecutor, Plymouth Township Prosecutor, or the Wayne County Prosecutor depending on which police agencies arrested you.

A conviction of OWI will mean the loss of your ability to drive, thousands of dollars in fines, and hikes in your insurance premium, not to mention the possibility of jail time and the hassle of probation. 

If the matter is charged as OWI with a high blood alcohol content the penalties will be even more severe. 

OWI Lawyer

Police cannot pull you over just because they feel like it. They must have a legal reason to pull you over. Police must be able to point to facts that make it clear that you are drinking and driving or they must observe you commit a civil infraction in order to stop you. If police pull you over because they don’t like the way you looked at them, or whatever reason than they have violated your rights. When police violate your rights any evidence they gain against you must be suppressed which means case dismissed.

Even if police have a legal reason to pull you over they must have enough evidence to arrest you. If police simply toss you in the back of their car without reason, then, again the evidence they gain against you may be illegally obtained which means suppression.

Even in a case where someone is clearly guilty there still might be legal challenges that could result in a reduction or a dismissal. Even when there is still nothing favorable about your case at all it is still possible Boria Law could get your a reduction, save your driver license, points, and money. 

Aaron J. Boria is your premier OWI lawyer in Plymouth. We will fight for you and do everything in our power to get you the results that you need most! (734) 453-7806
Self Defense Lawyer – Michigan

Were you assaulted and forced to defend yourself? Were you forced to defend someone else? If you were charged with assault in a situation where you had no choice but to fight back you need an experienced criminal lawyer.  

If you acted in self-defense, or the defense of another person and were charged with assault or some other crime you need to contact criminal defense lawyer, Aaron J. Boria (734) 453-7806.

You are within your legal right to defend yourself or someone else if you or that other person are in immediate danger. Unfortunately, many times police and prosecution get it wrong and charge the wrong person. To make matters worse, self-defense is a fact based defense so a jury has to decide the case, a judge cannot dismiss based on self-defense or the defense of another person.

Self-Defense in Michigan

In the event that you are forced to go to trial, the jury will be read instructions reading the charge you are faced with as well as the self-defense instruction. If they jury believes you acted in self-defense you MUST be found not guilty. Below, is the Michigan Self-Defense jury instruction that would be read by the judge to the jury:

(1) The defendant claims that they acted in lawful self-defense. A person has the right to use force to defend themselves under certain circumstances. If a person acts in lawful self-defense, their actions are justified and they are not guilty.

(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful self-defense . Remember to judge the defendant’s conduct according to how the circumstances appeared to them at the time they acted.

(3) First, at the time they acted, the defendant must not have been engaged in the commission of a crime.

(4) Second, when they acted, the defendant must have honestly and reasonably believed that they had to use force to protect themselves from the imminent unlawful use of force by another. If their belief was honest and reasonable, they could act at once to defend themselves, even if it turns out later that they were wrong about how much danger they were in.

(5) Third, a person is only justified in using the degree of force that seems necessary at the time to protect themselves from danger. The defendant must have used the kind of force that was appropriate to the attack made and the circumstances as they saw them. When you decide whether the force used was what seemed necessary, you should consider whether the defendant knew about any other ways of protecting themselves, but you may also consider how the excitement of the moment affected the choice the defendant made.

(6) Fourth, the right to defend oneself only lasts as long as it seems necessary for the purpose of protection.

(7) Fifth, the person claiming self-defense must not have acted wrongfully and brought on the assault. However, if the defendant only used words, that does not prevent them from claiming self-defense if they were attacked.

Michigan Criminal Defense Lawyer

Call (734) 453-7806 to speak with criminal defense lawyer, Aaron J. Boria. We fight for our clients and we get results. We have also obtained multiple Not Guilty verdicts based on self-defense.

For more information about criminal defnese attorney, Aaron J. Boria click here to view his biography.