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False Imprisonment For Shoplifting In Michigan
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Multi-State
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US-000280
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Retail Fraud in the 2nd degree is a misdemeanor punishable by up to 1 year in jail and $2,000 in fines. 1st Degree Retail Fraud is charged when the alleged stolen property is valued over $1,000. Retail Fraud in the 1st degree is a felony punishable by up to 5 years in jail and $5,000 in fines.
What are my legal rights if accused of shoplifting? You have the right to remain silent, the right to legal representation, and the presumption of innocence.
The following are potential defenses to shoplifting charges: Mistaken identity – Questioning witness reliability or identification procedures. Lack of intent – Demonstrating absence of intention to steal or genuine mistake. Unlawful search/seizure – Challenging the legal justification for detention or search.
You should NOT just plead guilty. This will go on your record and could affect your chances of getting into a school or getting hired for a good job. You should consider hiring an attorney to help you keep this of your record. But you'll want to talk with that lawyer confidentially.
(a) The person is restrained by means of a weapon or dangerous instrument. (b) The restrained person was secretly confined. (c) The person was restrained to facilitate the commission of another felony or to facilitate flight after commission of another felony.
Pleading not guilty allows you to challenge the charges in court but can lead to a longer legal process and potentially harsher penalties if convicted.
The Michigan legal system takes theft crimes very seriously. For instance, when someone is arrested for shoplifting, even if it's their first offense, they may end up in jail. To make matters worse, a retail fraud conviction is public information and can affect future employment opportunities.
A prosecutor must prove the following elements to convict you of misdemeanor false imprisonment successfully: you intentionally and unlawfully restrained, detained, or confined a person, and. your act made that person stay or go somewhere against that person's will.
Sec. 218. (1) A person who, with the intent to defraud or cheat makes or uses a false pretense to do 1 or more of the following is guilty of a crime punishable as provided in this section: (a) Cause a person to grant, convey, assign, demise, lease, or mortgage land or an interest in land.