Retail Fraud is an overly-complicated legal term--it simply
means “Shoplifting.” In Michigan, a person who takes property (e.g. food,
candy, clothing) from a store that’s open to the public will be charged with
the crime of Retail Fraud. It’s a criminal—not civil—offense and can have
severe consequences, including the possibility of jail, large fines, and a
criminal record. Having a horrible-sounding crime like “Retail Fraud” on a
permanent record will be a big black eye for a person looking for employment.
Dan Geherin, owner of Geherin Law Group PLLC in Ann Arbor,
has either prosecuted or defended hundreds of Retail Fraud cases in his 20+ year
career. Dan’s a former prosecutor who’s prosecuted many Retail Fraud offenses
while assigned to an anti-fraud unit. As a board-certified criminal defense
attorney, he’s defended countless Retail Fraud allegations for adults and
juveniles throughout Southeastern Michigan.
When people face Retail Fraud charges, they often have these
questions:
“Is Retail Fraud a misdemeanor or felony?”
“How do I prove my innocence if I didn’t commit this offense?”
“Will I go to jail/prison if I’m guilty?”
“What is a Civil Demand Notice?”
“If I return the goods, will the whole criminal charge
simply go away?”
In Michigan, Retail Fraud is generally defined as “the taking
of property from a store that was open to the general public, and with the
specific intent to deprive the store of ownership.” If a someone steals from a person,
building, or home, it’s a distinct (separate) theft offense and not Retail
Fraud. Only where there is a “retail establishment” involved (hence, Retail Fraud)
is this charge appropriate. If the person is an employee of the establishment it
would be Embezzlement and not Retail Fraud.
Retail Fraud charges range from a 93-day maximum misdemeanor
offense to a 4-year maximum felony offense. What explains the wide difference
in charges? Two factors: the value of alleged taking, and prior Retail Fraud
conviction(s) (if applicable). The
higher the value of the good(s) taken, the higher the degree. Goods valued over
$1,000? That’s likely a felony Retail
Fraud 1st Degree. Prior
Retail Fraud conviction? Likely a Retail Fraud 2nd Degree
(punishable by up to 1 year in jail).
Once arrested or cited with Retail Fraud, people often
receive a Citation and notice of Trespass preventing them from returning that
that particular store or shopping center. They might also receive a “Civil
Demand” from the store asking that a fine be paid directly to the corporate
headquarters. As a general rule, this
fine has nothing to do with the criminal case, and has no bearing on whether
the person will be charged/prosecuted or not.
It is simply an economical sanction brought directly from the
store.
Often times, people charged with Retail Fraud have simply
forgotten to pay or neglected to pay for an item in their cart. Sometimes distraction plays a part. Other times, people think they have properly
scanned an item only to learn that they inadvertently left the store without
paying. All of these factual instances
might lead to a criminal Retail Fraud charge—one that must be defended in
court.
For people facing these reputation-altering allegations, the
best option is to consult with an experienced, aggressive, intelligent criminal
defense attorney with a history of successfully defending these allegations. Those
guilty may need the skilled hand of an attorney to negotiate a favorable
outcome short of a theft-related conviction and incarceration. After all, Retail
Fraud charges are criminal, not civil, and they are brought by the State (not an
individual or company). Returning the goods or offering to pay will probably
not change the likelihood of prosecution.
If you are being investigated or charged with Retail Fraud
in Washtenaw County or throughout Southeastern Michigan, please contact Dan
Geherin and his firm at GLG Michigan immediately. We’re available 24/7, we will
listen to the circumstances, devise a plan to handle your case, and fight
aggressively to restore your reputation and protect your freedom. Schedule
online at GLG Michigan or call 24/7 (734) 263-2780. Geherin Law Group: Defending
Retail Fraud and other white-collar allegations throughout Ann Arbor, Washtenaw
County and Southeastern Michigan.
