Retail fraud, also known as shoplifting, is a criminal offense in Michigan that occurs when someone is accused of defrauding or stealing from a retail store while it is open for business. The penalties for retail fraud in Michigan vary by the value of goods taken and whether a prior record of retail fraud is on a person’s criminal record. While it sounds like a minor offense, the penalties for retail fraud can be significant. If you or someone you know has been arrested and accused of committing retail fraud, call or contact the experienced criminal defense attorneys in Novi at Ray Law Criminal Defense Attorneys today.
Types of Retail Fraud
Michigan law identifies three ways that a person can commit retail fraud. The first is retail fraud by theft, which occurs when a person takes or moves items in a store while it is open to the public with the intent of stealing the property. The second type of retail fraud is fraud by price switching, which occurs when a person switches the price tags on items in order to pay less or nothing for items while the store is open. The third type is retail fraud by false exchanges, which occurs when a person tries to exchange stolen property back to the store for money or store credit with the intent to defraud the store. All types of retail theft are subject to serious penalties if convicted for these offenses.
Penalties for Retail Fraud
There are three levels of severity for retail fraud in Michigan that are dependent on the value of the goods taken and whether the person convicted has any prior convictions for retail fraud.
Third Degree Retail Fraud
Third degree retail fraud is a misdemeanor offense that includes maximum penalties of up to 93 days in jail and a fine up to $500 or three times the value of the property stolen, whichever is greater. Third degree retail fraud applies to incidents where the value of the items taken is less than $200 and there are no prior convictions.
Second Degree Retail Fraud
Second degree retail fraud is a misdemeanor offense that includes maximum penalties of up to one year in jail and a fine up to $2,000 or three times the value of the property stolen, whichever is greater. Second degree retail fraud applies to incidents where the value of the items taken is between $200 and $1,000, or for items valued less if there is a prior conviction for third degree retail fraud on the person’s criminal record.
First Degree Retail Fraud
First degree retail fraud is a felony offense with maximum penalties of up to five years in prison and fines up to $10,000 or three times the value of the items stolen, whichever is greater. This applies to incidents where the value of the items taken is $1,000 or greater, or if there is a prior conviction for second degree retail fraud on the person’s record.
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If you or a loved one has been arrested for retail fraud in the Novi area, call or contact Ray Law Criminal Defense Attorneys now to speak with a lawyer about the case.
What is Double Jeopardy? How do I Know if it Happens to Me?
The Fifth Amendment of the United States Constitution states that a person shall not be “subject for the same offence to be twice put in jeopardy of life or limb,” which means that no one is allowed to be prosecuted more than once for the same crime. This is known as double jeopardy, and while it may sound straightforward, this concept is more complicated than most people realize. At Ray Law Criminal Defense Attorneys, our team of experienced legal professionals is here to protect our clients from being unconstitutionally prosecuted for the same crime more than once in Michigan courts. To learn more about double jeopardy and whether it applies to your case, call or contact our office today to schedule a case consultation.
Double Jeopardy for Prosecution
The double jeopardy clauses in the United States Constitution and Michigan state law protect citizens from being prosecuted multiple times for the same offense. Double jeopardy applies when a person has been convicted or acquitted of a crime, or if there is a directed verdict for acquittal, for the same offense. It also applies to a second offense if that offense has the same elements of the first, and a conviction, acquittal, or directed verdict for acquittal has already occurred with the first offense. Finally, double jeopardy for prosecution applies if a higher court reverses a conviction on the grounds of insufficient evidence or if a prosecutor is barred from retrying the same offense.
However, there are also situations in which double jeopardy does not apply to prosecutions. For example, the separate sovereign rule allows for the federal government to prosecute a person for offenses arising from the same incident they were convicted or acquitted of in state court, as well as multiple states to prosecute for crimes arising from the same elements or actions. In addition, double jeopardy does not apply to trying a person for multiple offenses arising from the same incident if they have required different elements to convict. Reversals on appeal due to procedural errors, pretrial dismissals, and mistrials also do not qualify under double jeopardy, and in these cases a person may be prosecuted again by the state.
Double Jeopardy for Punishment
The law also prevents double jeopardy for multiple punishments with the same offense. A person can only be punished once if the legislative intent is unclear on allowing multiple punishments and when a person is convicted of an offense and a necessary lesser-included offense if the lesser offense contains all the same elements as the greater offense. However, double jeopardy does not apply when the state law is clear that multiple punishments are allowed, for personal protection order violations, and for probation or parole violations.
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Do you have additional questions about double jeopardy in Michigan or believe that your rights are being violated under the rules of double jeopardy? If so, it is critical that you call the office or contact Ray Law Criminal Defense Attorneys in Novi today to schedule a consultation of your case.
Increase/Decrease in Michigan’s Crime Rates
Statewide crime rates are used by police, prosecutors, policymakers, and others to compare the levels of crime between one state and another as well as to identify potential problem areas or areas of improvement within a state. The COVID-19 pandemic has substantially altered many aspects of life this year, including the types and frequency of crimes being committed in Michigan. There have been both increases and decreases in different types of crime throughout the state this year, and this could impact how seriously the state prosecutes a criminal offense of which you or someone you know has been accused.
At Ray Law Criminal Defense Attorneys, our experienced lawyers are prepared to fight for your legal rights if you have been accused of a crime in the Novi area. Call or contact our office today to learn more.
Increase in Violent Crimes
Detroit is usually ranked nationally as one of the most dangerous cities in the country, and these latest numbers are no exception, despite a city decrease in the number of violent crimes. In 2019, a total of 13,040 violent crimes were reported to police, down from 13,478 reports in 2018. This was a 3% drop, compared to only a 0.5% drop nationwide. Still, Detroit’s crime rate of 1,965 violent crimes per 100,000 people placed it at one of the highest violent crime rates along with cities like St. Louis, Missouri, Memphis, Tennessee, and Baltimore, Maryland.
The Detroit police chief attributed this to more illegal guns on the street and a lack of dispute resolution skills amongst the population. Homicides increased by 23% and nonfatal shootings were up 50% between 2018 and 2019. Meanwhile, in Flint there was a significant drop in violent crime from 2018 to 2019, with the crime rate decreasing 26%. It dropped the city from the fifth highest violent crime rate with a population over 50,000 residents down to 15th.
Decrease in Property Crimes
Overall crime in Detroit decreased in 2019 across the city by 12% due to a 23% drop in property crimes. Statewide, Michigan has a lower average of property crimes than the national average, at 16.5 incidents per 1,000 compared to the national rate of 22.0 per 1,000. Personal experience with property crime in Michigan also fell 1% between 2019 and 2020 from 14% to 13%, which is also lower than the national average of 26%. The decrease in 2020 property crimes may be in part to the COVID-19 restrictions limiting travel and encouraging working from home, which can make it more difficult for property crimes to occur.
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Are you interested in learning more about Michigan’s crime rates, or have you been accused of committing a crime? If so, call the office or contact us now at Ray Law Criminal Defense Attorneys to schedule a consultation of your case with one of our knowledgeable criminal defense attorneys.
Adam Walsh Child Protection and Safety Act (Sex Offender Registration) – Michigan
The Adam Walsh Child Protection and Safety Act was passed in 2006 at the federal level, which established the federal Sex Offender Registration and Notification Act (SORNA) that provides uniform minimum requirements for sex offender registration in every state. This law enforces strict requirements on people convicted of sexual offenses in Michigan, and penalties for noncompliance can be severe. At Ray Law Criminal Defense Attorneys, our team is here to ensure that you are in full compliance under the law and will zealously advocate for your legal rights in Michigan. To learn more, call or contact our office today.
The Adam Walsh Act
The Adam Walsh Act made substantial changes to the federal laws regarding sexual abuse, exploitation, and transportation crimes. The law added new crimes that are considered sexual offenses and increased the penalties for most sexual offenses in federal court. It also eliminated the statute of limitations for some sex crimes and added searches without probable cause as a discretionary condition of supervised release for people required to register as sex offenders. It also created the new sex offender registry law under SORNA.
Michigan Requirements Under SORNA
The Sex Offender Registration and Notification Act (SORNA) expanded the list of sex offenses that require sex offender registration and requires that registered sex offenders keep their registration current in every jurisdiction where they reside, work, or attend school. They must notify local law enforcement if they plan to leave their jurisdiction for more than seven days and provide additional registration information like social media screen names and professional licensing information. This law also expands the amount of information available to the public, including vehicle information and license plate numbers, requires that any changes to registration be reported within three days, and makes failure to register or update registration a federal offense.
Tiers of Sexual Offenders
The law classifies all sexual offenders under one of three tiers. Tier III offenders commit an offense punishable by prison for more than one year and is an offense comparable to or more severe than an attempt or conspiracy to commit a sexual offense like aggravated sexual abuse or abusive sexual contact against a minor under 13 years old. Tier II sexual offenders are convicted of crimes that include sex trafficking, use of a minor in a sexual performance, solicitation of a minor to practice prostitution, or production/dissemination of child pornography. Tier I offenders encompass all other types of sexual offenders.
Under SORNA, Tier I offenders must remain on the sex offender registry for 15 years, which may be reduced by five years with a clean record. Tier II offenders must remain on the list for 25 years, and Tier III must remain on the sex offender registry for life. A Tier III offender can have their registry reduced to 25 years if they have no other criminal convictions of one year or more, have no convictions for a sex offense, successfully complete all periods of supervised release or parole, and complete a sex offender treatment program.
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If you would like to learn more about how the Adam Walsh Act may impact your case or registration, call or contact Ray Law Criminal Defense Attorneys in Novi today.
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