Michigan Criminal Defense Lawyer Blog

As a Criminal Defense Attorney in Macomb County, I spend a lot of time in the local Courts. Whether it's in St. Clair Shores, Eastpointe, Roseville, Clinton Twp., Sterling Heights, Shelby Twp., New Baltimore or Romeo, I am often representing someone charged with Retail Fraud who, when stopped leaving the store, had more than enough money to pay for the merchandise they were caught with.

Many Retail Fraud cases involve a person with a drug habit, who is stealing in order to either return, or sell the merchandise, in order to buy drugs. Likewise, a fair number of cases involve younger people, some of whom try and expand their wardrobes by getting some merchandise for "free," or are out on a "dare" to see if they can "get away with it."

Lately, I've run into several cases involving mature, grown, women, some of whom were married and had good jobs, who got caught trying to steal merchandise that they more than able to afford. Sometimes these cases are talked about in terms of a "cry for help."

Whether due to stresses at home or work, or perhaps because of looming economic stress, these Clients have spent an entire lifetime as solid, law-abiding citizens who suddenly engage in out-of-character behavior that defies explanation. Once caught, they are remorseful, tearful, scared of the legal consequences of their actions, and hugely embarrassed by them.

In the majority of these cases, the person caught will be taken to the Store's Loss Prevention Office. Sometimes, they'll be asked to write a statement of admission. In most cases, the Police are called. After the Police arrive, they'll take the person's name and information, and run a Criminal Record check on them to check their criminal background, if any, and to make sure they have no outstanding arrest warrants. If the person comes back with a clean, or reasonably clean prior record, they are usually not arrested or taken into custody.

Continue reading "Retail Fraud - Civil Demand, Public Embarrassment and No Record" »