Shopelifting charges - Please advise

[skaluva]

What is the name of your state?
Michigan

My wife went for shoping in Sears on last wednesday 07/27/2005. She went for picking up my daughter photos from portrait studio, which is located in second floor. She is having Knee pain. She picked up the photos baught couple other items and paid for all of them at the near by counter. On her way back she looked at a pair of ear rings at jewelary counter and decided to try them with the shirt she baught in second floor. She removed the tagplate and kept it on the counter. As she couldn't move the stroller keeping them in hand, she decided to put it in box on the stroller. She also picked up a perfume box. She started getting knee pain and looked around for a seat and found none. She also looked for a nearby register and found none . She found a sofa in the hallway of the mall which is just 5 foot from the entrance. As she was desperate to sit, she decided to sit on the sofa for 5 mins before she do any further shoping.
She started walking to the sofa and the store detective walked to her even before sitting on sofa and told her that she is charged for shopelifting. They caught her without paying any attention to what she said.
I was called to that place and told me that she did shopelifting. They had police arrest her and charged "Retail Fraud" charges.
She is hardly eating food since then, she is getting sick and I am getting very worried. We went to court and they told us to come back on Monday which is tomorrow.
Could someone advise us whether to plead Guilty or NOT Gulity. Total cost of the merchendise is anywhere between $30 to $35. It is so importent to mention that she had no intension of doing shopelifting. She was desperate to sit and feed baby. The store detective told me that because she removed the price tag of the ear rings, she need to get arrested. This is very bad, she don't deserve this kind of stress and treatment. She is such a good and kind women and having this kind of alegations is too much to her sensitive heart.
If they decided that she is guilty, what would be the consequences? Would they remove this case from the records after paying the penalty or what so ever?

I am so afride and she is not even having enough energy to stand still. She is very dipressed.

Thanks in adcance..
-- Sree

 

[stealth2]

Well..... why did she remove the price tag?

 

[Happy Trails]

What is the name of your state?
Michigan

My wife went for shoping in Sears on last wednesday 07/27/2005. She went for picking up my daughter photos from portrait studio, which is located in second floor. She is having Knee pain. She picked up the photos baught couple other items and paid for all of them at the near by counter. On her way back she looked at a pair of ear rings at jewelary counter and decided to try them with the shirt she baught in second floor. She removed the tagplate and kept it on the counter. As she couldn't move the stroller keeping them in hand, she decided to put it in box on the stroller. She also picked up a perfume box. She started getting knee pain and looked around for a seat and found none. She also looked for a nearby register and found none . She found a sofa in the hallway of the mall which is just 5 foot from the entrance. As she was desperate to sit, she decided to sit on the sofa for 5 mins before she do any further shoping.
She started walking to the sofa and the store detective walked to her even before sitting on sofa and told her that she is charged for shopelifting. They caught her without paying any attention to what she said.
I was called to that place and told me that she did shopelifting. They had police arrest her and charged "Retail Fraud" charges.
She is hardly eating food since then, she is getting sick and I am getting very worried. We went to court and they told us to come back on Monday which is tomorrow.
Could someone advise us whether to plead Guilty or NOT Gulity. Total cost of the merchendise is anywhere between $30 to $35. It is so importent to mention that she had no intension of doing shopelifting. She was desperate to sit and feed baby. The store detective told me that because she removed the price tag of the ear rings, she need to get arrested. This is very bad, she don't deserve this kind of stress and treatment. She is such a good and kind women and having this kind of alegations is too much to her sensitive heart.
If they decided that she is guilty, what would be the consequences? Would they remove this case from the records after paying the penalty or what so ever?

I am so afride and she is not even having enough energy to stand still. She is very dipressed.

Thanks in adcance..
-- Sree

From Michigan statutes:
750.356d Retail fraud in second degree.

(4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:
(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.
(b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.
(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.


She could also get a civil fine from the merchant up to $200.

If she is convicted, then it will be on her record.

 

[skaluva]

Dear Stealth2:

Thank you for the reply.

That is the only way you can remove the ear rings and try it. There is no price tag attached to ear ring itself. If you have ever seen the Jewelary the ear rings will be fixed to a small plate and the barcode will be stuck at the back or front of the plate. If you want to try the ear rings you just have to unscrew the ear rings from the plate.

Thank you,
-- Sree

 

[stealth2]

Okay. WHY was she trying the earring on? That's... like... unsanitary. Eewww. She couldn't just hold them up to her ear and look at them that way, hanging off the thingy?

What did she think someone would think when she took them out of the holder, stuck them in the stroller, and walked away?

 

[skaluva]

Dear Happy Trail,

Thank you for your response:

1) In this case she did not get any Civil Fine of $200. They told us that they will not be doing that while she got arrested.
2) Do the court consider her actions as stealing the stuff even though; she stepped out of the store for couple foot to rest on a sofa due to Knee pain?
3) Is there any way that we can negotiate it to take the case off the records? What I learned from Prohibition department as information that the case may be off the records upon completion of prohibition if this is the first time and if that is what the Majesties or Judge approves.
4) After reading the story, in your view, just as a openion, what should we seek; Plead Guilty or Plead NOT guilty?


I really appreciate your response.

Thank you,
-- Sree

 

[jpritchett81]

Dear Stealth2:

Thank you for the reply.

That is the only way you can remove the ear rings and try it. There is no price tag attached to ear ring itself. If you have ever seen the Jewelary the ear rings will be fixed to a small plate and the barcode will be stuck at the back or front of the plate. If you want to try the ear rings you just have to unscrew the ear rings from the plate.

Thank you,
-- Sree

You're not supposed to put the earrings on....unless you plan to buy them. Most if not all stores will charge you for the earrings if you put them on. I wouldn't want a pair of earrings that someone else tried on ....that's gross.

 

[Happy Trails]

Dear Happy Trail,

Thank you for your response:

1) In this case she did not get any Civil Fine of $200. They told us that they will not be doing that while she got arrested.
2) Do the court consider her actions as stealing the stuff even though; she stepped out of the store for couple foot to rest on a sofa due to Knee pain?
3) Is there any way that we can negotiate it to take the case off the records? What I learned from Prohibition department as information that the case may be off the records upon completion of prohibition if this is the first time and if that is what the Majesties or Judge approves.
4) After reading the story, in your view, just as a openion, what should we seek; Plead Guilty or Plead NOT guilty?


I really appreciate your response.

Thank you,
-- Sree

Dear skaluva,

1.) She got lucky.

2.) Yes, the courts will consider it stealing, anytime someone leaves the store with merchandise that they did not pay for, it is stealing.

3.) I believe what you are referring to is a deferred sentence. With your wife's clean record she probably will be eligible for it. Of course, the prosecuting attorney would have to agree.

If she is offered a deferred sentence,this would avoid her getting a conviction on her record. She would plead guilty or no contest to the charges and pay the fine....

4.) See above.

Do your wife a favor and consult with an attorney to see what they can do for her.

Do not use the excuses your wife told you about (knee hurt, had to feed the baby...). No one here believes them, even if they are true.