Michigan Retail Fraud Attorney 
Jonathan Paul 248-924-9458

Frequency Asked Questions

Q: I'm being investigated for retail fraud shoplifting, but not charged - what does this mean?
A: If you're being investigated for retail fraud shoplifting but haven't been charged, it means that the police department is still gathering information on your case. Once the investigation is complete, they will forward the information to the prosecutor, who will then decide whether or not to press charges. While the police may have some influence on the charges, the final decision rests with the prosecutor.

Q: What's a Pretrial - does this mean I'm going to trial?
A: A pretrial is a court appearance that occurs before a trial. It does not necessarily mean that you're going to trial. In fact, the majority of cases are resolved before reaching trial. Pretrials provide an opportunity for discussions, negotiations, and procedural matters related to your case. Only a small percentage of cases actually proceed to trial.

Q: Will I be charged with a misdemeanor or felony for retail fraud shoplifting?
A: The decision to charge you with a misdemeanor or felony for retail fraud shoplifting will be made by the prosecutor. They will review the case information provided by the police department. If the facts align with a felony offense, the prosecutor may initially charge you with the highest possible offense. However, this strategy is often used to create leverage during negotiations, and they may ultimately agree to settle the case for a misdemeanor charge.

Q: I was arrested weeks ago for retail fraud shoplifting, but not charged yet - what's going on?
A: It is not uncommon for there to be a delay between an arrest and formal charges in Michigan, particularly for misdemeanors and certain felonies like drunk driving or drug offenses. This delay may occur because the prosecutor's office needs time to review the case or because evidence must be tested at a lab. Rest assured, the process is ongoing, and charges may be filed in due course.

Q: The police want to talk to me about my retail fraud shoplifting case - what should I do?
A: It is important to remember that you have a constitutional right to remain silent. Exercise this right and refrain from speaking to the police without an attorney present. The police have a duty to gather evidence, which may be used against you. Even innocent statements can be misconstrued and potentially used to incriminate you. Request to speak with an attorney before providing any information to the police.

Q: What's an arraignment for retail fraud shoplifting?
A: An arraignment is your first court appearance before a magistrate or judge. At this stage, you do not have the right to an attorney provided by the court. It is crucial to hire an attorney to represent you during the arraignment. The magistrate or judge will read the charges against you, and you will enter a plea of not guilty, guilty, or no contest. The court will also set a bond and establish any necessary bond conditions. Hiring an attorney for your arraignment is highly recommended.

Q: If the judge sets a bond in my retail fraud shoplifting case, how do I pay?
A: The judge may set different types of bonds in retail fraud shoplifting cases. A personal recognizance bond means you simply promise to return to court and don't have to post any money. Alternatively, the judge may set a cash or surety bond, requiring you to post the specified amount to secure your release while your case is pending. If the judge allows a 10 percent provision, you would need to pay only 10 percent of the set amount. It is advisable to have someone else post the bond on your behalf, as some courts do not allow defendants to post their own bond.

Q: Will the police come to my house and arrest me for retail fraud shoplifting?
A: If you've been charged with retail fraud shoplifting in Michigan, the police can arrest you based on an active arrest warrant. For felony offenses, it is likely that the police will come to arrest you, unless your attorney arranges for a walk-in arraignment to avoid an arrest. In misdemeanor cases, you will typically receive a notice by mail to appear in court and will not be arrested before your court date.

Q: Can I get my court date moved back for retail fraud shoplifting?
A: The ability to move your court date depends on the court, the judge, and the stage of your case. Most judges are flexible and allow at least one court adjournment. However, it becomes more challenging to reschedule without the assistance of an attorney. Judges have obligations to resolve cases within specific timeframes and may be reluctant to accommodate individual scheduling preferences that could disrupt their docket.

Q: What if I can't go to court on my scheduled date for retail fraud shoplifting?
A: Failing to appear in court for your scheduled date can result in a bench warrant being issued for your arrest. Additionally, you may forfeit any bond that was posted. It is always best to make arrangements to reschedule your court date if you are unable to attend. Failure to appear can jeopardize plea agreements, sentencing arrangements, and potentially worsen the outcome of your case.

Q: I've never committed a crime before, does the prosecutor care for retail fraud shoplifting?
A: Your criminal history and background can play a significant role in the outcome of your retail fraud shoplifting case. However, it is essential to understand that prosecutors deal with a large number of cases and do not have the time or inclination to make individual determinations of who deserves special treatment. Your attorney's role is to present your history and background in the most favorable light to influence the prosecutor's decisions.

Q: What if the victim wants to drop the charges for retail fraud shoplifting - will my case be dismissed?
A: The decision to press charges is not solely in the hands of the victim. Victims serve as witnesses who provide factual information to the police department or prosecutor. Based on this information, an arrest or investigation occurs, and charges are brought by the prosecutor on behalf of the State of Michigan. The defendant is charged with a crime against the state, rather than against an individual.

Q: Does the victim need to hire their own attorney to prosecute me for retail fraud shoplifting?
A: No, the victim does not need to hire their own attorney to prosecute you for retail fraud shoplifting. The prosecutor's office, representing the People of the State of Michigan, is responsible for prosecuting the case. While the victim may provide testimony and receive restitution, they are not a party to the case.

Q: How much does it cost to hire a lawyer for retail fraud shoplifting?
A: The cost of hiring a lawyer for retail fraud shoplifting cases varies depending on the specific circumstances and location of your case. Some attorneys may charge higher fees for certain clients, but I believe in providing fair pricing for everyone. I list my prices on my website, and occasionally offer payment plans to make legal representation more accessible.

Q: Should I use the public defender for retail fraud shoplifting?
A: It is generally not advisable to rely on a public defender for retail fraud shoplifting cases. While public defenders are qualified attorneys, their heavy caseloads often prevent them from devoting sufficient time and attention to individual cases. Hiring a private attorney ensures better communication, regular updates, and a higher level of personal attention. If finances are a concern, consider borrowing money from a family member or friend. Being charged with a crime is not the time to cut corners or hope for the best outcome without proper legal representation.

Q: Will the judge care that I'm a good person for retail fraud shoplifting?
A: The judge may have limited information about you during your retail fraud shoplifting case. They cannot personally distinguish between good and bad individuals solely based on appearance. Your attorney plays a crucial role in providing additional details about your character and presenting your case in the most favorable light. At sentencing, the judge may receive a background report from probation that provides more information to humanize you in their decision-making process.

Q: Should I tell the truth to my attorney for retail fraud shoplifting?
A: Absolutely! It is crucial to be completely honest with your attorney when dealing with retail fraud shoplifting charges. Your attorney is bound by confidentiality and needs accurate information to build an effective defense strategy. Withholding important details can put your attorney at a disadvantage and hinder their ability to protect your rights and pursue the best possible outcome for your case.

Q: Can I bring my phone to the courthouse for retail fraud shoplifting?
A: Most courthouses do not allow electronic devices, including cell phones, inside. While some courthouses may provide lockers to store phones, others do not offer this accommodation. It is best to leave your phone in your car or at home. If you need to make a phone call while at the courthouse, public phones are usually available.

Q: What will happen at my preliminary examination for retail fraud shoplifting?
A: If you are charged with a felony retail fraud shoplifting offense, you have the right to a preliminary examination before your case proceeds to the circuit court. The examination is conducted to determine if there is probable cause that a crime was committed and that you committed that crime. There are three possible outcomes: the examination will be held, a waiver will be submitted to proceed to the circuit court without an examination, or the case will be resolved with a plea agreement or reduced charges. The preliminary examination serves as a gatekeeper for felony charges.

Q: Will I be drug tested by the court or probation for retail fraud shoplifting?
A: Yes, both the court and probation can require drug testing for retail fraud shoplifting cases. Judges may test you on the spot based on your response to questions about drug use during court proceedings. Probation can subject you to both random and scheduled drug tests as part of your probation terms. Failing a drug test can lead to violations of bond conditions, probation terms, or even new criminal charges.

Q: Will the police officer be present at my court date for retail fraud shoplifting?
A: Generally, police officers do not attend court for every hearing in retail fraud shoplifting cases. However, they may be present for hearings such as traffic tickets, evidentiary hearings, or trials. In some cases, a police officer may attend your arraignment to provide input on bond-related matters. It is important to note that while the police may be involved in your case, their role is to fulfill their duties and can sometimes be a strong advocate for you.

Q: How many times will I need to go to court for retail fraud shoplifting?
A: The number of court appearances required for retail fraud shoplifting cases can vary widely, ranging from one to multiple hearings. At a minimum, you will typically need to attend an arraignment, which may also include a pretrial conference. In most cases, unless an immediate sentence is imposed, there will be at least two court appearances. It is important to prioritize obtaining the best result rather than rushing to conclude your case quickly.

Q: What's the difference between jail and prison for retail fraud shoplifting?
A: If you are not released on bond, you may be held in jail during the course of your retail fraud shoplifting case. County jails, located within specific counties (e.g., Oakland County, Washtenaw County), house individuals serving sentences of less than one year. On the other hand, prison is operated by the Michigan Department of Corrections and is reserved for individuals sentenced to more than a year of incarceration. In some cases, you may serve your time in a prison facility outside the county where the offense was committed. It is generally preferable to serve time in jail rather than prison, given the shorter duration.

Need Help? Call Me: (248) 924-9458

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Q: Can I travel during my retail fraud shoplifting case?
A: To travel during your retail fraud shoplifting case, your attorney must obtain permission from the judge. While this request is generally granted, the outcome depends on factors such as the specific charge, your criminal history, and the destination of your travel. It is more likely to be granted permission to travel within the state rather than outside the country. It is advisable to discuss your travel plans with your attorney to navigate this process effectively.

Q: What does discovery mean in a retail fraud shoplifting case?
A: In a criminal case, discovery refers to all the documentation and evidence held by the police department and the prosecutor's office. This may include additional discovery obtained from third parties such as hospitals, banks, or pawn shops. The primary element of discovery is typically the police report. It is important to note that the discovery process is ongoing, and new information may become available throughout the duration of your retail fraud shoplifting case.

Q: What is a prosecutor in a retail fraud shoplifting case?
A: The prosecutor is a representative of the state, county, city, or township who brings charges against you in a retail fraud shoplifting case. The prosecutor may be an elected official, such as a county prosecutor, or a hired local prosecutor. In court, you will likely interact with assistant prosecutors who work under the elected prosecutor's authority and represent the state's interests.

Q: Is a magistrate the same as a judge in a retail fraud shoplifting case?
A: In a retail fraud shoplifting case, a magistrate typically presides over arraignments and handles traffic offenses. If you are arraigned on a new charge, you may appear before a magistrate instead of a judge. While magistrates are not typically elected like judges, they possess significant authority to influence the course of your case. It is important to show respect to a magistrate and address them as "your honor."

Q: Can I bring a friend or family member to court for my retail fraud shoplifting case?
A: Yes, the courtroom is generally open to the public, allowing you to bring friends or family members for support during your retail fraud shoplifting case. Having a familiar face present can provide comfort, particularly for first-time offenders. However, it is important to note that the presence of a friend or family member does not directly impact the outcome of your case. It may be beneficial during sentencing as your attorney can emphasize the presence of a strong support system.

Q: How long will I have a criminal record for retail fraud shoplifting?
A: The duration of a criminal record for retail fraud shoplifting depends on the specific offense. Traffic offenses, including drunk driving, generally cannot be removed from your record. However, some offenses may be eligible for expungement after five years, provided you meet certain requirements. First-time offenders may have opportunities for deferred sentences, where successful completion of the sentence leads to no criminal record.

Q: Will I ever get a job with a retail fraud shoplifting conviction?
A: Having a retail fraud shoplifting charge or conviction can impact your ability to obtain or retain employment. Certain crimes, such as drunk driving or assault, can present significant obstacles in securing employment. However, the most significant barrier is typically a felony conviction. It is crucial to discuss your specific situation with your attorney and explore potential strategies to mitigate the impact on your job prospects.

Q: Where can I find the courthouse for my retail fraud shoplifting case?
A: If you have a scheduled court appearance, the courthouse address should be listed on the appearance notice. If not, you can search for the specific court's name online to find the address. Many websites provide comprehensive lists of courthouses in each Michigan county. By selecting the relevant county, you will be provided with a list of courthouses within that jurisdiction.

Q: What should I wear to court for my retail fraud shoplifting case?
A: It is advisable to dress in a manner similar to meeting the President of the United States or attending a professional job interview when appearing in court for your retail fraud shoplifting case. The first impression you make is crucial, and both the judge and prosecutor will take note of your attire. Your attorney will provide specific guidance on appropriate courtroom attire to present yourself favorably and enhance your chances of a positive outcome.

Q: Will I have to speak in court during my retail fraud shoplifting case?
A: For arraignments and pre-trial court dates related to your retail fraud shoplifting case, you will generally have to say very little in court. You should be prepared to respond with "yes, your honor" and "no, your honor." If you are entering a plea or being sentenced, your attorney will prepare you for what you need to say. The only instance where you may need to speak at length is if your case proceeds to trial, and you testify as a witness in your own defense.

Q: How long will my court date last for my retail fraud shoplifting case?
A: Court appearances for retail fraud shoplifting cases often involve extended waiting periods with minimal actual court proceedings. If your case is scheduled for 1 pm, for example, it is possible that you may not have your case called until around 2:30 pm. Once your case is called, unless there is a pre-trial hearing or a trial, your appearance before the judge may last anywhere from 30 seconds to 10 minutes. Much of the negotiation and discussion occurs before or after the court appearance.

Q: Why did my lawyer speak to the judge without me during my retail fraud shoplifting case?
A: When your attorney speaks to the judge without your presence during your retail fraud shoplifting case, it is known as a bench conference. These discussions allow your attorney to communicate with the judge and prosecutor privately, without creating an official court record. Some matters are better addressed outside the public's ear, and the bench conference offers an opportunity for effective communication. There is generally no cause for concern, as it is a routine practice. If you wish, you are entitled to approach the bench as well, but it is usually more effective to allow your attorney to handle these discussions.

Q: Am I going to jail or prison for my retail fraud shoplifting case?
A: Most first-time offenders charged with misdemeanor retail fraud shoplifting do not receive jail sentences. However, the outcome can vary depending on the court and the judge involved. If you are charged with a felony, the potential consequences become more uncertain, as Michigan felonies are subject to the state's sentencing guidelines. Certain felonies carry mandatory prison sentences, which cannot be avoided. The specific circumstances of your case and the decisions made by the judge will influence the potential outcome.