What happens when you are arrested for retail fraud 2? 5 Answers as of June 15, 2011

What happens when a person is arrested for retail fraud 2?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Several things could happen. One they could throw you in jail and bring you before a judge to set bail and charge you with the offense. Two thye could issue you an appearance ticket and let you go and only get a warrant for your arrest if you did not answer the appearance ticket. Three they could release you PFI (Pending Further Investigation) and get a warrant for you later. Get a lawyer.
Answer Applies to: Michigan
Replied: 6/15/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Retail Fraud 2nd is a 1-year misdemeanor. It is higher than a Retail Fraud 3rd, and the reason for the charge can be a prior Retail Fraud conviction or the amount of the items involved. You case would be expected to be handled by the County Prosecutor. Some local jurisdictions do not have authority to charge a 1-year offense. In some jurisdictions, an offense is called a Retail Fraud 2nd but is a 93-day misdemeanor based on the local ordinance. In many cases, a plea can be arranged, possibly to a reduced charge or to no jail. The result is typically probation and fines, as well as a class in appropriate courts. There is a possibility of jail time based on teh circumstances and based on the Court you are in. You would need to discuss your case with your attorney to get a better prediction of the result in your Court based on your facts. I hope that this was helpful. Should you need representation in the Wayne Oakland or Macomb, you can call my office for an appointment to discuss your case.
Answer Applies to: Michigan
Replied: 6/15/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I would recommend that you retain an attorney to assist you with this matter. You are presumed innocent until proven guilty. The prosecutor must prove their case beyond a reasonable doubt. You have a right to council. If you cannot afford to retain your own council, there may be court-appointed council available upon request depending on your particular court's policies. This answer does not contain specific legal advice. If you need specific legal advice for your particular circumstances, you should consider retaining your own lawyer. "Retail Fraud, Second Degree" as defined by the Michigan Complied Laws (MCL 750.356d), is a misdemeanor punishable by jail up to one year, probation up to two years, a "fine of not more than $2,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine." MCL 750.356d. Additional penalties, if convicted, could also include work-crew, community service, or other types of sanctions depending on the judge and local polices of the particular district court. Actual penalties upon conviction for this type of offense vary significantly depending on a person's particular court, their judge, and their unique factual circumstances. The penalties noted above merely reflect the maximums pursuant to Michigan law. As a misdemeanor, the charged individual will be arraigned in their local district court. The arraigning judge or magistrate will advise them of their rights and the maximum possible penalties for the offense. The arraigned individual will be given the choice of pleading guilty, not guilty, or could stand moot and the court will enter a plea of not guilty. Occasionally, there are circumstances where the prosecutor elects to add felony charges or will offer to send the charged person into a diversionary program. However, in most situations, a person charged with retail fraud, second degree, will proceed with their case in district court. After arraignment, the next stage is usually some type of pretrial, settlement conference, or status conference, i.e., a meeting between the parties prior to trial. If the case is not resolved, it will proceed to a jury or judge trial. If a person is convicted or if they accept a plea, they will be sentenced. There may motions scheduled and argued at various stages in the proceedings. Occasionally, the prosecutor may dismiss the case. Everyone's circumstances are different and district courts judges have a lot of discretion with these types of offenses.
Answer Applies to: Michigan
Replied: 6/14/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
When you are arrested, they could take you to jail or issue an appearance citation. After the arrest you will be brought before the district court for an arraignment. At the arraignment, you will be told of the charges, the possible sentence and advised of your rights including your right to an attorney. The court will also ask how you plead.
Answer Applies to: Michigan
Replied: 6/14/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Do you mean Retail Fraud in the 2nd degree or your second offense for retail fraud? If it's in the second degree that is a misdemeanor punishable by up to a year in jail and/or $2,000 in fines or three times the merchandise value plus restitution and costs. If you have nothing prior on your record, you may qualify for a diversion program which could keep the charge off your record if you successfully complete community service and whatever else they assign you. Check with a local criminal attorney.
Answer Applies to: Michigan
Replied: 6/14/2011
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