Courts

April 4, 2017

Tampering with Theft Detection Device

Although tampering with a theft detection device goes hand and hand with retail fraud, in Michigan this is a separate criminal offense. This offense can be prosecuted either under the laws of the State of Michigan or by local ordinance.

Michigan Compiled Law 750.360a identifies the different ways that this crime occurs:

Being in possession of a bag that is either laminated or coated with the purpose of shielding merchandise from detection for the intent of attempting to steal or stealing can result in prosecution.

April 2, 2017

Home Depot Retail Fraud Arrest

by Hilf & Hilf, PLC

Retail fraud at Home Depot typically occurs in several different ways:

Concealing merchandise with the intent to steal
Trying to push merchandise out the store

March 29, 2017

Arrested for Price Switching in Michigan is Retail Fraud

by Hilf & Hilf, PLC

Retail fraud can be prosecuted under either State law or ordinances that are enacted by cities, townships, or villages. Under either State law or ordinances switching the price tag to obtain a cheaper price is prosecuted as retail fraud.

How do people get caught committing this offense?

Loss prevention sometimes observes an individual changing the price tag.

March 28, 2017

Retail Fraud Arrest for Shoplifting from JC Penney

by Hilf & Hilf, PLC

JC Penney has a reputation for prosecuting shoplifters to the fullest extent of the law. The policy of JC Penney is that actively apprehending shoplifters deters people from stealing and protects their merchandise. What makes JC Penney more successful with preventing shoplifting than other stores?

First, the resources that JC Penney employs to discover and prevent theft is vast. They have well trained loss prevention personnel, closed circuit television monitoring of the entire store with recording of the same, and theft detection devices.

Second, the loss prevention training is top notch. Closed Circuit Televisions are constantly monitored. Loss prevention also works on the sales floor to personally observe shoppers and look for suspicious behavior. Loss prevention is made aware of persons to watch out for who have a suspected prior history of theft from the store. Dressing rooms are frequently checked for missing items or removed theft detection devices. There is adequate staffing of loss prevention so that help is available if someone were to flee or become aggressive.

March 27, 2017

Arrested for Shoplifting from Kohls

by Hilf & Hilf, PLC

Kohls employs very aggressive strategies to combat shoplifting. Due to these strategies there are many arrests and prosecutions which result from incidents allegedly involving retail fraud. There are a number of policies and procedures that Kohls undertakes to protect the store property and deter theft.

First, Kohls is very determined to prosecute persons who they catch shoplifting. The reason for this is to protect their merchandise and to deter people from stealing from Kohls. Kohls loss prevention employees are willing to testify at court, when necessary, in support of a shoplifting prosecution. Kohls ban the people they catch from shopping in their stores, and seek civil damages as well (usually in the amount of $200).

Second, the sales associates at Kohls are trained to interact with customers, and to report suspicious conduct to loss prevention. The stores are usually pretty well staffed.

March 26, 2017

Arrested for Retail Fraud from Sephora

by Hilf & Hilf, PLC

Sephora stores are very proactive in their attempts to curtail retail fraud. The fact that they sell small, popular, and often expensive products seems to tempt persons to steal from them. A disproportionate number of clients that I represent are alleged shoplifters from Sephora stores, which says a lot about how Sephora stores are run. From my observations as a criminal defense lawyer, they have implemented a number of different policies and procedures to combat shoplifting.

First, Sephora seems to be willing to prosecute persons detained for shoplifting from their stores. The store also actively bans shoplifters from their stores by no trespassing orders that are given to the persons detained for suspected retail theft. They employ a law firm to civilly seek damages against persons that steal from Sephora.

Second, they have a well staffed store. There are many sales associates throughout the store that are trained to interact with customers. This serves a two fold purpose – to encourage sales and to create a deterrent for persons that are considering to commit an offense.

March 23, 2017

How Much Is a Lawyer for a Felony Case?

by Hilf & Hilf, PLC

There are many different felony charges, and the amount that a lawyer charges for one as opposed to another may differ. There are a variety of reasons why different felony offenses may cost different amounts.

First, some types of cases are more complex than others. Some cases require great preparation, thorough legal research, and the allocution of the correct resources. Resources may include the use of private investigators, expert witnesses, subpoenaing of records, etc.

Second, some cases take a lot more time for a lawyer to handle. Sometimes the amount of discovery the lawyer receives is so large that it takes days to review it all. Some cases require preliminary examinations, motions, and evidentiary hearings to challenge the evidence being presented. If the case requires a lot of time the criminal defense lawyer may not have the time or ability to take on new cases.

March 21, 2017

How Much Is A Lawyer For A Misdemeanor?

by Hilf & Hilf, PLC

There is not a standard fee that lawyers charge for any particular misdemeanor. If you speak with multiple lawyers about handling your case and the fee involved for the legal representation, you are likely to get multiple answers. There are a number of factors that a lawyer may consider when deciding upon the proper amount to charge for criminal defense legal work:

the complexity of the case;
the likely time commitment involved;

March 17, 2017

How Do I Get Bonded Out For A Criminal Case

by Hilf & Hilf, PLC

In State Courts in Michigan when you receive a ticket for a criminal case, are notified that you have a warrant for a criminal charge, or are placed under arrest and taken into custody, the manner in which a bond is obtained may be different. The factors that a Judge or Magistrate considers in Michigan when setting a bond are the same for misdemeanor and felony cases. Generally, a Court will set conditions of pretrial release or detention that addresses two issues: the particular Defendant’s potential to not appear in Court and threat to the public safety. It is supposed to be the least restrictive manner necessary to accomplish these two issues. There are a number of factors that the Court considers that are contained in Michigan Court Rule 6.106.

Bond can be set as a personal bond, in a monetary amount (cash, surety, or 10%), or denied (for murder, treason, or some violent felonies depending upon the circumstances). Bond can also be denied (or cannot be posted, or release will not be allowed) if the Defendant is on parole or has an Immigration Detainer. If bond is allowed or can otherwise be posted, but the monetary amount is too high for the Defendant to post, he or she can try and make arrangements with a bail bondsman. A Judge is free to place conditions on the bond such as drug/alcohol testing, tether, monitoring, curfews, travel restrictions, no contact provisions, etc. Likewise, a bail bondsman may require a tether or monitoring as a condition of posting the bond on behalf of the Defendant. A violation of bond conditions, or of the agreement the Defendant has with the bail bondsman, can lead to incarceration. If bond cannot be posted, the Defendant will remain in custody.

For cash or 10% bonds that a Defendant can post, cash is always accepted. Most Courts also allow for credit/debit card payment (with a service fee), money orders, and cashier’s check. It is always a good idea to check with the Court or jail in advance so you or your family are prepared.

March 14, 2017

What is Organized Retail Fraud

by Hilf & Hilf, PLC

Michigan, in an effort to discourage people from stealing from stores and reselling what was stolen, enacted a law called Organized Retail Fraud. Pursuant to Michigan Compiled Law section 752.1084, Organized Retail Fraud is a felony that carries up to 5 years in prison, a fine of $5,000, or both. If committed by a merchant, the merchant’s inventory is subject to forfeiture. Restitution is always ordered in these cases if the merchandise is not recovered or cannot be resold. Probation is a possibility for these types of offenses in many cases, and having an experienced criminal lawyer is a necessity to help you try to obtain the best possible result.

How Retail Fraud Differs from Organized Retail Fraud. Retail Fraud, or shoplifting, is basically a theft from a store that is open to the public of merchandise offered for sale. Retail Fraud can be a 93 day misdemeanor if prosecuted under local ordinance or if the dollar value of the merchandise is under $200 (two hundred dollars). It can be a 1 year misdemeanor if the dollar value of the merchandise is under $200 (two hundred dollars) and the Defendant has a prior theft conviction, or if the dollar value of the merchandise is between $200 (two hundred) and $1000 (one thousand) dollars. Retail Fraud is a 5 year maximum felony if the dollar value of the merchandise is over $200 (two hundred) and the Defendant has a prior theft conviction, or if the merchandise is valued at $1000 (one thousand dollars) or more. Organized retail fraud is not controlled by dollar amounts or an individual’s prior record, although these might be factors that a prosecutor considers when initiating charges. Organized retail fraud is determined by the intent of the person or persons involved, and by what Michigan Compiled Law section 752.1084 defines as Organized Retail Fraud.

Examples of Organized Retail Fraud. With the internet, it is not uncommon for people to shoplift with the intent to sell those items online through eBay, Poshmark, or other websites as a business. There are also instances where individuals steal multiple identical items (such as razors, powdered baby formula, etc.) from a chain store (Walgreens, Meijers, Walmat, etc.) and sell those items cheaply to another smaller store (party store, mom and pop store, etc). The smaller store then turns around and resells those items. In this instance, both the persons who stole the items and sold it to the smaller store, and the smaller store employees who were knowingly part of this transaction, could be prosecuted for organized retail fraud.