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  1. #1
    lilmama0003 is offline Junior Member
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    retail fraud 3rd degree

    What is the name of your state (only U.S. law)? michigan. i was recently arrested for 3rd degree retail fraud i have a prior felony for uttershing and publishing from 1999. i go o court soon i do not work i am going thru a divorce and am currently living with my mother i have 3 small children 1 who is deaf my only source of income is my daughters ssi and child support what are my chances of going to jail? i am terrified of going to jail i have no one to take care oif my kids
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by lilmama0003 View Post
    What is the name of your state (only U.S. law)? michigan. i was recently arrested for 3rd degree retail fraud i have a prior felony for uttershing and publishing from 1999. i go o court soon i do not work i am going thru a divorce and am currently living with my mother i have 3 small children 1 who is deaf my only source of income is my daughters ssi and child support what are my chances of going to jail? i am terrified of going to jail i have no one to take care oif my kids
    Have you spoken to your mother and the children's father about the prospects of your being unavailable to mother your children for some time?
  3. #3
    CourtClerk is offline Senior Member
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    Next time, think about your kids BEFORE you go stealing someone's stuff. Get a job, and stop stealing.
    (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.

    (5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.

    (6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

    (7) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

    (a) A copy of the judgment of conviction.

    (b) A transcript of a prior trial, plea-taking, or sentencing.

    (c) Information contained in a presentence report.

    (d) The defendant's statement.


    History: Add. 1988, Act 20, Eff. June 1, 1988 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by lilmama0003 View Post
    What is the name of your state (only U.S. law)? michigan. i was recently arrested for 3rd degree retail fraud i have a prior felony for uttershing and publishing from 1999. i go o court soon i do not work i am going thru a divorce and am currently living with my mother i have 3 small children 1 who is deaf my only source of income is my daughters ssi and child support what are my chances of going to jail? i am terrified of going to jail i have no one to take care oif my kids
    Wrong. The children's father(s) can take care of their children. If not then they can go into foster care. YOU acted recklessly and selfishly and quite frankly you should have thought of your children before committing a crime rather than wanting to use them as an excuse after the fact.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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