Articles Posted in Crimes

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Driving while license suspended, revoked, or denied (also called DWLS or DWLS/R/D) is a criminal offense that is treated seriously by many courts.  This offense can be prosecuted under State law by a county prosecutor or under local ordinance by a city attorney.  The possible penalty for a first offense DWLS, or a DWLS prosecuted under a local ordinance, is up to 93 days in jail, a fine of up to $500, court costs, possible probation with conditions (driver safety class, community service, no driving without a valid license, etc.), 2 points added to driving record, a driver responsibility fee of $500 for 2 consecutive years, and a mandatory suspension of driving privileges.  DWLS prosecuted as a second offense carries up to 1 year in jail, a fine of up to $1,000, court costs, possible probation with conditions, 2 points added to driving record, and a driver’s responsibility fee of $500 for 2 consecutive years.  Additional DWLS offenses can lead to license plate confiscation and vehicle immobilization.

The philosophy that many Courts employ is to try and encourage Defendants to find ways to obtain a valid driver’s license.  In some cases this is possible (if the DWLS conviction is not entered) by paying off outstanding tickets, paying reinstatement fees, and going to the Michigan Secretary of State office.  However, in many cases it is impossible for the Defendant to obtain a valid license in a timely manner.  Reasons for this include that the person’s license was revoked due to prior drinking an driving convictions, the length of the person’s current suspension does not allow for the person to get their license back in the near future, the person has health or vision issues that prevent the Secretary of State from issuing a valid license, financial issues, or the person is not a citizen or a green card holder and the State of Michigan will not issue a valid license.

One of the problems with Michigan are the cost and limited options for public transportation.  In most cases driving is the only solution for a person to be employed, support their family, and otherwise get to and from different locations.  Judges are by and large not sympathetic to this.  For persons with bad driving records, or with a history of DWLS, jail is often ordered along with probation.  For persons without bad driving records, probation is common.  However, a common condition of probation is to not violate any laws, which includes not driving a car without obtaining a valid license.  The person is placed in a catch-22 situation.
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In Michigan a driver who has reason to believe that he or she has been in an accident has a responsibility to stop the vehicle at the scene of the accident and remain there.    Failure to comply can result in a criminal prosecution under either State law or local ordinance, depending upon the circumstances.

According to Michigan Compiled Law 257.619 the driver has other responsibilities as well:

First, the driver must provide his or her name and address, the vehicle owner’s name and address, and the registration number of the vehicle to a police officer, the individual struck, or the driver or occupants of the other vehicle or vehicles involved in the accident.

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Somerset mall is one of the premiere shopping destinations in Michigan.  It is known for its collection of high end stores such as Neiman Marcus, Saks Fifth Avenue, Gucci, Louis Vuitton, and others.  One of the issues that Somerset Mall and its merchants guard against is shoplifting.

Somerset Mall and its merchants employ a number of different tactics to prevent retail fraud:

  1. Highly trained loss prevention associates and mall security;
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Cases of retail fraud can be prosecuted by the city of Troy or the Oakland County Prosecutor’s office.  For a person arrested for misdemeanor retail fraud that does not have an extensive record, the likelihood is higher that the case will be handled by the city attorney for Troy Michigan.

Troy Michigan has a local law (also known as a local ordinance) that allows for the city attorney to prosecute certain crimes (including retail fraud).  Cases prosecuted by the city attorney for Troy Michigan are handled at the 52-4th Division District Court which is located at 520 W. Big Beaver Road in the city of Troy, Michigan.

Retail Fraud under the Troy Michigan ordinance (Troy ordinance number 98.08.02) carries a maximum possible punishment of 93 days in the Oakland County Jail and a fine of not more than five hundred dollars.  Jail is an option that the Judges have.  However, in many cases, jail can be avoided.

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Not everyone who conceals or removes merchandise from a store do it with the intent to steal.  Sometimes people take or conceal items by accident.

What may constitute accidental shoplifting?

  1. When shopping, items are sometimes placed under the shopping cart due to the item’s size or because the shopping cart is full, sometimes the items are overlooked.  If the item was overlooked it is possible that it is accidentally removed from the store without being paid for.
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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:

  1. 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.
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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?

  1.  Loss prevention sometimes observes an individual changing the price tag.
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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.

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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.

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Contact Information
3155 W
Big Beaver Rd #123
Troy, MI 48084
Phone: (248) 792-2590 Fax: (248) 885-8996

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