Retail Fraud Dismissed in Sterling Heights
Our client was a young mother down on her luck. Her and her husband had been struggling financially. They never thought they would be put in the position they were in but they had really come upon hard times. They decided to steal some items that they needed from a popular retail-clothing store. The case was heard in the 41-A District Court and the state prosecutor was Macomb County.
They were both promptly arrested and detained after trying to leave the store without paying for the items. The end result – no criminal conviction!
Retail Fraud Second Degree
There are several degrees of retail fraud. The degree of retail fraud is generally based on the value of the item. Retail fraud in the second degree can be charged when a store is open to the public, and a person alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price of merchandise offered for sale with the intent not to pay for the property or to pay less than the price of the property and the resulting difference in price is $200.00 or more but less than $1,000.00. Basically, you do something to the item so that you save between $200 and $1,0000. The other way to be charged with retail fraud in the second is to simply steal an item with a value of 200 or more but less than 1000. (Over 1000 would result in a felony of retail fraud in the 1st degree)
Retail fraud second can result in up to a year in jail and hefty fines, as much as 3 times the value of the item!
Retail fraud third can be charged under the same circumstances as listed above but when the value of the property is under $200.00. The maximum penalty is reduced to 93 days jail.
Retail fraud dismissed
Our client was caught red handed. Sometimes knowing legal statutes and the law can still help get a great result. We were able to get the charge reduced from retail fraud second to third, which saved our client the possibility of 9 months in jail as well as close to $3,000 in fines.
Then we were able to get the case deferred. Our client was put on a short term of non-reporting probation and once probation is completed the conviction will be removed from her record.
Our client didn’t do any jail but if she violates probation she isn’t facing a year in jail but instead 3 months.
Retail Fraud Lawyer
If you have been charged with retail fraud contact Michigan criminal defense lawyer, Aaron J. Boria (734) 453-7806
