I encounter a large percent of Michigan retail fraud cases from Walmart. These offenses happen in a number of different ways. Usually there is a loss prevention officer who is dressed in plain clothing who is walking around the store and blending in with other shoppers. Sometimes there is someone in the store uniform watching you as well. They may track you around the store for any reason whatsoever - this is not a police officer pulling over your case - they can target you for your gender, your race, what you're wearing, how you're acting - it doesn't matter. Once they see you conceal an item, they can confront you right there, but they usually watch you further. If and when you attempt to leave the store, others will be radioed in to stop you at the door or follow you to your car. Sometimes you do nothing suspicious, but they see you skip scanning an item at the self checkout.
Many clients of mine are stopped at the self-checkout, and never think they will be caught. They pay for some items, and not for others. This is in contrast to the person who simply conceals items in the store on their person or in bags and tries to walk out without paying for anything.
Michigan Retail Fraud requires the prosecution to prove beyond a reasonable doubt that:
- the defendant took some property that the store offered for sale,
- the defendant moved the property (Any movement is enough. It does not matter whether the defendant actually got the property past the cashier or out of the store)
- the defendant intended to steal the property. Intended to steal means that the defendant intended to permanently take the property from the store without the store's consent.
- this happened either inside the store or in the immediate area around the store, while the store was open to the public.
- the value of the property
If the value of the property is below $200, it is Michigan Retail Fraud in Third Degree, which is a 93 day misdemeanor.
If the value of the property is between $200-$1,000, it is Michigan Retail Fraud in Second Degree, which is a one year misdemeanor.
If the value of the property is more than $1,000, it is Michigan Retail Fraud in the First Degree, which is a felony.
Many clients of mine are stopped at the self-checkout, and never think they will be caught. They pay for some items, and not for others. This is in contrast to the person who simply conceals items in the store on their person or in bags and tries to walk out without paying for anything.
Michigan Retail Fraud requires the prosecution to prove beyond a reasonable doubt that:
- the defendant took some property that the store offered for sale,
- the defendant moved the property (Any movement is enough. It does not matter whether the defendant actually got the property past the cashier or out of the store)
- the defendant intended to steal the property. Intended to steal means that the defendant intended to permanently take the property from the store without the store's consent.
- this happened either inside the store or in the immediate area around the store, while the store was open to the public.
- the value of the property
If the value of the property is below $200, it is Michigan Retail Fraud in Third Degree, which is a 93 day misdemeanor.
If the value of the property is between $200-$1,000, it is Michigan Retail Fraud in Second Degree, which is a one year misdemeanor.
If the value of the property is more than $1,000, it is Michigan Retail Fraud in the First Degree, which is a felony.
