Tafelski

retail fraud attorneys

Retail Fraud is commonly referred to as shoplifting. It can occur where an accused person either physically removes the merchandise or alters or changes a price tag. In addition, a retail fraud or embezzlement can occur where someone worked in concert with an employee to steal merchandise.

Retail Fraud is a serious crime and can have long term repercussions for a person’s employment and eligibility for student loans. In addition, for people who are not U.S. citizens, the INS considers Retail Fraud a crime of moral turpitude that can lead to deportation under certain circumstances. Many businesses have written policies preventing the hiring of employees with a criminal history involving theft or dishonesty. Any person convicted of felony retail fraud is ineligible to receive federally guaranteed student loans under current law. Many people consider retail fraud to be a minor matter or a youthful indiscretion. Although this is often a youthful mistake in the modern era of computerized criminal histories this can not be taken lightly and every effort must be made to fight these cases and keep them off your record.

There are three degrees of Retail Fraud.

• First Degree Retail Fraud is a felony, punishable by up to 5 years in prison and/or a fine of up to $10,000. A person can be charged with First Degree Retail Fraud in Michigan if the value of the merchandise stolen is over $1000.00 dollars or the person has a prior conviction for retail fraud. The law is set forth at MCL 750.356c.
• Second Degree Retail Fraud is a misdemeanor, punishable by up to one year in jail plus fines and costs. It is properly charged where a person is accused of stealing merchandise valued at more than $200.00 but less than $1000.00. The law is set forth at MCL 750.356d.
• Third Degree Retail Fraud is a misdemeanor, punishable by up to 93 days in jail plus fines and costs. It is properly charged where the merchandise allegedly stolen is valued at less than $200. The law is set forth at MCL 750.356d.

In addition to the possibility of jail time and the personal repercussions set forth above, it is almost certain that anyone convicted of retail fraud in Michigan will be placed on probation. For misdemeanors, jail time can last up to two years. For a felony charge, probation can last up to 5 years. There are all sorts of conditions and restrictions a judge can impose such as community service, drug and alcohol testing, economic awareness classes, counseling, work programs, etc. In addition, Defendants must meet personally with a probation officer as directed, usually once a month, during work hours. There is also the potential for civil liability as set forth at MCL 600.2953.

We have tremendous experience working with clients accused of retail fraud in Detroit, Troy, Rochester Hills, West Bloomfield, Bloomfield Hills, Royal Oak, Plymouth, Canton, Wayne County, Oakland County, Macomb County, and throughout Michigan.  These clients come from diverse backgrounds, including recent immigrants, college students, professionals such as engineers and physicians as well as housewives and people with drug addictions. This experience has taught us that there are often many reasons behind the theft of merchandise. Often, our clients were perfectly capable of paying for the merchandise and had no plans to steal when they walked into the store. It is not uncommon to find that the client accused of retail fraud is a person living with tremendous stress or is in some type of abusive situation. Of course, youthful indiscretion is also a common situation. We try to work with our client to get to the bottom of the situation to determine what is going on and what can be done to make sure this situation never occurs again. Often when we can accomplish this the prosecutor can be persuaded to work with us to reduce the charge or dismiss it after successful completion of probation. Many times the effort made in developing a plan and presenting the situation is the difference. We are also experienced in dealing with and negotiating pleas on behalf of clients charged with retail fraud utilizing deferral programs or first offender programs offered in some court but not in others.

In some cases, a client is wrongfully accused of retail fraud. In these cases, we are experienced in defending these cases to trial. Experience has prepared us on use of proper methods of cross examination of store security personnel and their failure to follow appropriate methods of arrest, detention and interrogation. We can defend your case through trial if necessary.

If you are accused of Retail Fraud in Detroit, Troy, Rochester Hills, West Bloomfield, Bloomfield Hills, Royal Oak, Plymouth, Canton, Wayne County, Oakland County, Macomb County, and throughout Michigan, it is important for you to retain a retail fraud attorney as soon as possible. To properly evaluate your chances at fighting the case we need to obtain copies of the evidence including the police report and any in store video. Sometimes the video is destroyed or taped over if it is not demanded quickly enough.

If you have been accused of retail fraud, contact the criminal lawyers at the office of Paul J. Tafelski at 313-879-0001 or contact us online. Do not jeopardize your future; these are serious charges with serious penalties if convicted.