Articles Tagged with shoplifting probation

A common question when someone is arrested for retail fraud is: “Will I be placed on probation?”.  Another common question is:  “Can I avoid Jail?”.  When a person is arrested there is often a fear of the unknown.  “What will happen to me?”.  “What will the Judge do?”.  Although probation is common for shoplifting, it is not guaranteed.

All retail fraud/shoplifting cases are criminal cases, which means that the Judge always has the discretion to impose jail as a condition of bond or sentence.  There are a lot of different factors that can influence what will happen:

1. The Defendant’s prior history.  Obviously, the worse a person’s prior record the more likely incarceration becomes an option.  This is especially true when the prior history also involves shoplifting.  When the charge is a Felony (1st Degree Retail Fraud or Organized Retail Fraud), the Defendant’s prior record is a factor in the computation of sentencing guidelines.  In Michigan, sentence guidelines are an advisory sentence range for a Judge to consider which is determined by the scoring of prior record and offense related variables.  Although sentencing guidelines are advisory, they are influential in terms of how a Judge determines the sentence.