Michigan Criminal Lawyer Blog

St. Clair County is located in the south eastern part of the thumb area of Michigan. It is the gateway county to the northern thumb and the Great lakes. It is known as the Blue Water Area. St. Clair County borders Macomb, Lapeer and Sanilac Counties and is just a short distance (across the Port Huron River via the Blue Water Bridge) from Sarnia, Ontario, Canada. The Blue Water Bridge is a major international crossing from Canada into the United States. Interstate expressway I-94 runs north and south through St. Clair County, I -69 runs east and west and ends in the City of Port Huron. M-29 is the highway that is located on the eastern shoreline of St. Clair County which takes you in and around the St. Clair River and Anchor Bay. Map of St. Clair County Link.

The eastern side of St. Clair County consists of shoreline on the St. Clair River, Lake Huron, Anchor Bay and Lake St. Clair. The major cities which border these bodies of water are Port Huron (the county seat), St. Clair, Marine City and Algonac. One can enjoy views on the river (freighters, Canada) in any of the cities along these shoreline cities.

Click this link for a live web-cam of the Port Huron River and the Blue Water Bridge.

Recreational attractions in this area include boating, hunting and fishing. The City of St. Clair would be my top pick for dining (Charly's River Crab, St. Clair Inn) or enjoying the charm of a small town with a large park area dedicated along the river. In 2012, more than 50,000 visitors are expected to attend the Blue Water Fest which occurs just prior to the Port Huron to Mackinac Race.

St. Clair County is well guarded and policed because of its international border with Canada and heavy recreational traffic. The courts in St. Clair County see a fair amount of cases associated with recreation violations, DNR violations, border crossing issues (on both the US and Canada side) and drunk driving cases. A drive along the winding highway of M-29 which meanders along the St. Clair River is not a place to be if you have had any alcohol or drugs. In some places, the road is only a matter of feet from the water. Unfortunately, a fair share of accidents and OWI cases occur on this road.

A traffic violation, drunk driving or criminal case (such as domestic violence, disorderly conduct, boating under the influence, drug crimes) in St. Clair County will wind up in the 72nd District Court in either Port Huron or Marine City:

72nd District Court (Port Huron)
201 McMorran Blvd.
Room 2900
Port Huron MI 48060

72nd District Court (Marine City)
2088 South Parker (M-29)
Marine City, MI 48039

The courts and law enforcement officers in St. Clair County tend to be protective of their communities. They have the responsibility of keeping order in an area which has an international border and hosts recreational activities which often involve alcohol. (Jobbie Nooner). Our experience in these courts has been positive. I find the Judges to be reasonable when it comes to first time offenders of criminal acts such as drunk driving, disorderly conduct or simple drug possession charges. Often, such an offender is looking at probation. If the offense involves a first time drug charge or the offender is age 17 but under age 21, a dismissal is possible special Michigan statutes (HYTA and MCL 333.7411).

The objective of this blog post is to give readers an idea of what to anticipate if they are being charged with misdemeanor retail fraud in Romeo's District Court (42nd District - Division 1). Though our blog and website cover retail fraud extensively, the crime of retail fraud is the purposeful taking (or attempting to take) of an item from a store without the intent of paying for it. Concealing an item with the goal of not paying for it constitutes this type of theft even if you are apprehended before you leave the store.

Since the development of the 26 Mile corridor in Washington Twp., on the border of Shelby, our office has seen an increase of retail fraud calls originating from that area. Specifically, our office is frequently retained on retail fraud charges that occur at the Meijer located at 26 Mile Road and Van Dyke. A retail fraud allegation is one that should be taken very seriously. A conviction on one's permanent record indicating dishonesty can be particularly damaging for those applying for school or a job. However, where defendants retain experienced counsel they can typically keep this charge off their record and avoid being incarcerated.

Normally, a retail fraud proceeding that doesn't go to trial can be resolved in Romeo's District Court in 3 appearances; an arraignment, a pretrial, and a sentencing. One advantage of retaining counsel is that it will typically cancel out an arraignment date. Beyond allowing clients to avoid taking time off work, this also has favorable legal repercussions. Most notably, going to an arraignment unrepresented can result in an unfavorable resolution of the case or additional terms being added to the bond. If you are arraigned without an attorney it is ALWAYS advised you plead not guilty.

The goal in such a case is always to protect the client's record. This can be accomplished either through a HYTA (for youthful offenders) or 771.1(first time offenders) plea. Most of the time, the case will take two appearances from our office, a pretrial and a sentencing. It is our experience that the presiding Judge, The Honorable Denis LeDuc, really takes time to understand the defendant's background. To that end, he encourages family members to join the defendant at the podium. Further, before sentencing, it is often required that defendants be screened. A screening is an interview with the probation office to learn more about the defendant's background. Often they are seeking to determine underlying drinking problems, substance abuse issues, and/or mental health complications.

The case concludes with a sentencing, where we have found that clients, so long as they are cooperative during proceedings, are very likely NOT looking at jail. A typical sentence in this Court for a retail fraud charge is going to be about a year of probation. Depending on the circumstances it may be reporting or non-reporting, possibly with testing and counseling where the facts warrant it. If a deferral has been offered (which as we stated it usually is for first time or youthful offenders) there will be no conviction after successful completion of a probationary term.

The City of Troy is one of Michigan's premier cities for commercial office space, hotel space, upscale housing, restaurants and retail establishments. Yet Troy remains one of the safest cities in Michigan according to a 2011 report. The government complex, located off Big Beaver Road and I-75, is where you will find the 52-4 District Court and the Troy Police Department which I can say are proactive when it comes to maintaining this reputation of Troy.

While Troy is considered a safe city as far as violent serious crimes are concerned, Troy gets it share of retail fraud cases which occur at the major retail shopping destinations which include the Oakland Mall and the Somerset Collection. These malls are among the busiest in the State of Michigan and retail fraud is not a crime that will be treated lightly by the Judges at the 52-4 District Court.

Retail fraud is classified by the degree of seriousness and whether the offender has a prior record. Retail fraud in the first degree is a felony which can carry 5 years in prison. Retail fraud in the second or third degree are misdemeanors:

Retail fraud in the second degree is a misdemeanor where the property stolen has a value of $200.00 but less than $1,000.00. It is punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 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.

Retail fraud in the third degree is a misdemeanor where the value of property stolen has a value less than $200.00. It is 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.

The ultimate goal which we seek for our clients is the avoidance of a retail fraud conviction. Such a conviction is a mark of dishonesty on a person's permanent criminal record. Fortunately, our experience in handling retail fraud cases in Troy has been positive as far as first offenders are concerned. The same is also true in other venues with major retail establishments where we practice including all of the district courts in Macomb County such as Sterling Heights and Clinton Township. In this regard, we attempt to utilize special provisions of law such as HYTA (Youthful Trainee Status for offenders age 17 and under age 21), Delayed Sentence (MCL 771.1) or the First Offender Program to gain a dismissal of the conviction. Absent aggravating circumstances, these provisions are available upon getting concurrence from the prosecuting attorney, probation department and the Judge at the time of sentencing.

I will explain the court process for someone who obtains a first offense misdemeanor retail fraud.

Pretrial Conference: After arraignment, a retail fraud case will be scheduled for a pretrial conference. It is at this stage where a criminal defense attorney will negotiate with the prosecuting attorney for a recommendation that the case be considered for a dismissal pursuant to one of the available provisions as I mentioned in the previous paragraph (HYTA, Delayed Sentence, First Offender Program). A disposition pursuant to this course of action will avoid trial but mean that the person will have to admit to the offense of retail fraud.

Pre-sentence Report: After the pretrial conference, a person will be required to be interviewed by the probation department. The 52-4 District Court has its own probation department (52-4 District Court Probation Department link) located inside of the court building. Our attorneys like to have our clients well prepared for this interview because the probation department can recommend for, or against, the client getting a deal which can mean a dismissal.

Sentence: At the time of sentence, we will be able to review the report prepared by the probation department. The Judge has the final say as to whether a person will be given the opportunity to have the conviction dismissed. When the Judge grants disposition pursuant to HYTA, MCL 771.1 or the First Offender Program, an offender can expect to be placed on probation for at least one (1) year, along with fines, court costs and other conditions. Other conditions may include a retail fraud class, community service and testing for illegal substances and alcohol.

If the person complies with the conditions ordered by the Court, the conviction will be dismissed at the end of probation. Upon failure to comply, the person will face a probation violation hearing and possible sanctions which include jail and placing the conviction on one's record!

Selfridge Air National Guard Base (SANG) is one of the oldest military air fields in the United States. It is located in the Township of Harrison, County of Macomb and is situated on prime Lake St. Clair property. Approximately 6000 air and army national guard, as well as civilian employees, are employed and/or housed at the SANG base. There are numerous units assigned to SANG including the 127th Wing (Michigan Air National Guard), customs and border protection and the Coast Guard.

There are many SANG military personnel who are married, live on or off base, and are residents of a state other than Michigan. Our attorneys have represented SANG military personnel for numerous legal matters including drinking offenses (drinking and driving), domestic violence, assault crimes, drug crimes and retail fraud (shoplifting). Anyone in the military who is charged with a criminal offense faces special circumstances which we are prepared to defend. We understand that when a military person (reserved or enlisted) gets into trouble, he or she faces possible rank demotion, loss of security clearance and/or dishonorable discharge from military service upon conviction for a criminal offense.

When a military person becomes a client of our firm, we are aware of their special needs and potential consequences. Certain convictions may be detrimental to a military career. There are other ramifications such as travel restrictions and possible incarceration. When a drinking a driving (DUI or OWI) is charged, the issue may be less compelling and only involve the driver license sanctions for a non-resident. Our job is to identify the needs of our military clients and address these particular needs and concerns. For example, a recent client who was charged with domestic violence needed permission to travel out of the state and the country. The case was resolved favorably whereby the case will be deferred and dismissed after a period of probation. The Judge also granted permission for our client to travel out of state and out of the county.

Upon being retained, we ask our military clients to obtain documentation and references which may include:

• Civilian and Military Achievements, Medals, Deployments
• Letters of Recommendation
• Counseling Report
• Deployment Orders

Our goal is always to avoid a conviction or seek a result that will not jeopardize our client's future with the military. Our results include cases which are dismissed, reduced or dismissed after a period of advisement. Unfortunately, drinking and driving cases are rarely dismissed outright. However, we are usually able to have the charges reduced, avoid jail and obtain permission to travel upon transfer or deployment.

Our firm approaches criminal cases involving military personnel quietly, discreetly and with diplomacy. Fortunately, I have found the prosecutor's, law enforcement and the courts in Macomb County to be sensitive to those that are serving their country.

Also known as shoplifting, retail fraud consists of a person intending to permanently deprive the lawful owner of the merchandise, whether by fraud or by taking. It is a common belief that you must leave the store with the merchandise in order to be charged and convicted of retail fraud/shoplifting. In truth, a person may be charged and convicted of retail fraud without ever exiting the store. In addition, other conduct which constitutes retail fraud is as follows:

• Price tag switching
• Altering price tags
• Fraudulent returns
• Swapping goods in containers with different prices

The penalties for retail fraud in Michigan are as follows:

1st Degree - Felony
$1,000 or more stolen; or
2nd degree with prior conviction

2nd Degree - Misdemeanor
Over $200, under $1,000; or
3rd degree with prior conviction

3rd Degree - Misdemeanor
Under $200

This blog will focus on whether a person can be arrested (and convicted) of retail fraud without leaving the store and discuss some trial strategies which our defense attorneys employ when contesting a retail fraud charge.

All larceny and retail fraud crimes require an "intent to steal"

The prosecutor must be prove that a person charged with a larceny or retail fraud crime had an "intent to steal." Circumstantial evidence may be used to argue the issue of "intent" when the direct facts do not fully show a specific intent to steal. The conduct of the individual may show an intentional concealment of goods when the customer claims that the taking of goods was accidental or non-intentional. What is your opinion of the person in the picture which is inserted at the top of this blog? Intentional or non-intentional? The prosecutor would assert that this behavior is consistent with dishonesty, rather than accidental conduct.

An offender does not have to leave the retail establishment to be charged with larceny or retail fraud

As described above, the intent to steal is the most important element of a larceny crime or retail fraud (in any degree). This means is that the person intended to permanently deprive the store of the merchandise, and not that the person actually leave the store with the merchandise.

According to MCL 750.365d(1)(b), the elements of the crime (retail fraud first degree) are as follows.

1. The defendant took the property for sale at the store
2. The defendant physically moved the property, although he need not leave the store with it
3. The defendant intended to steal the property (i.e. take it permanently without the store's consent
4. The defendant's actions took place inside a store or in the immediate area while the store was open for the public
5. The value of the property was between $200 and $1,000

The law itself designates that only movement of the property, coupled with the intent to steal, is all that is necessary for an individual to be convicted of retail fraud.

Preparing for a laceny or retail fraud trial

It is the goal of a criminal defense lawyer to advocate facts which support an unintentional taking of goods (accidental or inadvertent). A criminal defense attorney will explore the details of the charge and argue evidence that does not support the element of criminal intent to steal. In some cases video surveillance will be examined and the circumstances surrounding the taking carefully analyzed. Other evidence may include recent purchases by the shopper, past receipts or distractions which existed at the time the shopper took the goods. However, the prior criminal record of a person charged with larceny may be admissible in evidence under certain circumstances by the prosecutor.

Our firm has received dismissals of larceny and retail fraud cases in virtually every Macomb County District Court. Many retail fraud cases which are handled by our firm are resolved without trial and result in dismissals as we have discussed in other blogs.

Retail Fraud - Shoplifting Cases In the 41-A District Court, Sterling Heights, Utica and Shelby Township, Michigan

Retail Fraud and the 32-A District Court in Harper Woods

Handling Shoplifting Cases - Retail Fraud Cases in Clinton Township

Criminal and Traffic Jurisdiction of the 42-2 District Court, New Baltimore, Michigan

Well, December has never been a month where business is slow at the shopping malls or at our law firm. December is the month when people get out of their routine. What I mean is that many tend to drink more, spend more money, drive more frequently and have greater periods of time with family members. Existing drinking problems, substance abuse, depression, strained relationships and financial troubles are put to the test during the holiday season. All of these situations can lead to criminal problems such as drunk driving, retail fraud and domestic violence.

As a Macomb County criminal defense lawyer, I consider myself sensitive to the needs of our clients during the holidays. What can you say when someone gets charged with retail fraud (shoplifting) who has no employment or suffers from depression? While I do not condone criminal activity, I am just saying that people are people and I do not sit in judgment of those who are less fortunate or troubled. I have found that the Judges in Macomb County to be reasonable with those who have no criminal record but find themselves charged with retail fraud under various circumstances including financial hardship. In these cases, our attorneys are able to negotiate a plea bargain to have the case dismissed after a period of probation and conditions which may mean attending an economic crime class. This is true for clients that we have represented throughout Macomb County.

The holiday season is also a time of parties and gatherings which invariably involve alcohol. I have represented my share of teatotallers and social drinkers who have one too many at a holiday house party and wind up being charged with drunk driving. This can happen to anyone who has a few drinks and gets stopped by the police a few blocks from home. I cannot count the number of clients that I have represented for drunk driving who are pulled over in their own subdivision or even while pulling up in their own driveway. In Michigan, a person is considered legally drunk if his blood alcohol content (BAC) is .08% or greater regardless as to whether or not the person was actually intoxicated. To make matters worse, Michigan has passed a super drunk law making it a more serious crime if the blood alcohol content is .17% or greater. Sobriety is not a defense to a charge of Operating While Intoxicated (OWI or DUI) or Super Drunk. Various drink/weight index charts provide an approximate blood alcohol content (BAC) which can be helpful for anyone considering a few drinks before driving. The best advice that I can give is to have NONE FOR THE ROAD since the BAC charts are only an approximation and do not take individual tolerances into consideration; Even one drink can create misunderstandings in the eyes of the law if an accident occurs and someone is injured or dies.

Lastly, our attorneys see a fair amount of domestic violence cases during the holidays. Again, too much togetherness with the family and awkward social gatherings may be outside of the comfort zone. Emotions run high and money worries, existing depression along with substance abuse can come full circle which sometimes leads to arguing, fighting or domestic violence. A person who is charged with domestic violence may be removed from the home (no-contact order) and be unable to spend the holidays with family. The need for family counseling and a lawyer could not be greater under these circumstances. Our attorneys will try to schedule an expedited hearing with the Court to remove the no-contact order whenever possible. Removal of the no-contact order will require the consent of the spouse. In addition, our firm has had numerous domestic violence charges dismissed under a special provision of Michigan's domestic violence laws.

All of the above situations can occur anytime of the year. At our firm, we never pass judgment on anyone and welcome the opportunity to provide guidance to our clients faced with personal and legal problems.

In Michigan, retail fraud, more commonly referred to as shoplifting, is an aggressively prosecuted and pervasive offense. Frequently, our office defends these cases in Harper Woods where the Eastland Mall is located and many of these offenses occur. Originally opened in 1957, the facility houses large department stores including the Burling Coat Factory, Macy's and Sears. Most large chain stores have loss prevention (see our related post) and prosecute theft aggressively.

What is it that you need to know if you are being charged with retail fraud? Defendants should take note that the prosecution need not prove that you left the store with misappropriated merchandise. Pursuant to MCL 750.356d it only needs be shown that intent not to pay is coupled with one of the following;

- Altering merchandise,
- Transferring merchandise,
- Removing merchandise,
- Replacing merchandise,
- Concealing merchandise,
- And/or misrepresenting the priced value of the merchandise.

It is usual for those being charged with retail fraud to be overcome with feelings of embarrassment and anxiety. While a serious charge, retail fraud (especially a first offense) is one that can be handled if an aggressive legal defense is utilized early on in the proceedings.

Our practice of these cases in the 32-A District Court is as follows. Characteristically we can have these issues resolved with one appearance. Many times, we can secure a plea offer where the charge will come off of the client's criminal record. This can be accomplished via the Youthful Trainee Act (sometimes referred to as MCL 771.1. Record preservation, especially for a theft crime, is crucial and is always one of our firm's three goals for a retail fraud case. We further aim to eliminate jail time and minimize the terms of probation.

Lastly, and perhaps most importantly, what can defendants expect when being sentenced in the 32 - A by Judge Roger J. La Rose? Judge La Rose will oftentimes attempt to reach out to defendants. We have observed him in many instances take the time to really see what the underlying circumstances are in the defendant's life that caused them to end up in trouble in the first place. Our office has observed that sentences in this Court include (sometimes with other conditions)

- 6 - 12 month probation,
- Fines and costs,
- And/or attendance of a misdemeanor class.

It is recommended that those being prosecuted for theft crimes retain the assistance of an attorney. Our office has been handling criminal matters in Macomb County for over 30 years and always fights to ensure our clients receive optimal disposition of their criminal charge. For a free consultation regarding a retail fraud charge, or any pending criminal matter, call our office at 586 412 5555

On October 18, 2007, the Mall at Partridge Creek opened in Clinton Twp. A sprawling open air complex, Partridge Creek quickly became the premier shopping destination in Macomb County, as it was the first large retail establishment to open since Lakeside Mall in 1976. The facility features a variety of high end chains, including an Apple Store, Nordstrom, Express, and Parisian (amongst others). Typically, large commercial establishments such as Partridge Creek become targets for theft. Usually these high end retailers have in-house loss prevention departments and actively push to prosecute shoplifters.

In Michigan, the crime of shoplifting is prosecuted as an offense known as "retail fraud". The crime of retail fraud can be charged as a criminal misdemeanor or felony, depending upon the dollar amount of property involved. If the value of the property stolen is under the value of $1,000.00, it is a misdemeanor.

What can those being prosecuted for a theft crime (retail fraud) in Clinton Twp. expect? Our office's experience with retail fraud cases in Clinton Township's 41-B District Court is as follows. The 41-B District Court is located at 22380 Starks Drive, Clinton Twp and is presided over by the Honorable Judges Davis, Lucido, and Fuca. Typically these cases can be handled in one appearance, and our goal is always record preservation. First time offenders are eligible for Michigan's delayed sentence law, MCL 771.1. Under this provision, violators will have their criminal record cleared of a retail fraud/shoplifting offense so long as they comply with the terms of their probation. This is particularly important for those searching for jobs or applying to school. A theft crime in the eyes of many employers and educators is indicative of dishonesty, and thus is important to have cleared from one's record.

Often times those being charged with retail fraud are ashamed, afraid, and embarrassed. In many instances people being charged procrastinate to hire an attorney. However, it is advised that those facing theft charges employ the counsel and representation of an attorney immediately. These offenses, especially first offenses, are very manageable. First time offenders in Clinton Twp. are likely looking at the following terms of probation

- 12 month reporting probation
- Attendance of a theft program
- Community service
- Fines and costs

Our office keeps an open mind and a recurring theme from our previous blog about retail fraud is that we understand that people make mistakes. For all retail fraud cases we have three main objectives;

- Eliminate jail time
- Minimize the terms of probation
- Keep the offense off client's record

Our office believes those to be realistic goals when representing clients in the 41-B District Court and always advocates diligently to that end. If you are being prosecuted for retail fraud call the Abdo Law Firm today to set up a free consultation, 586-412-5555

The 42-2 District Court located at 35071 23 Mile Road, New Baltimore, MI 48065. Judge William H. Hackel III is the presiding Judge for the Court. The Court has jurisdiction to handle traffic tickets which include all civil infraction and misdemeanor violations of the Michigan Motor Vehicle Code. In addition, the Court has jurisdiction over criminal misdemeanor cases which include drunk driving (DUI) and retail fraud. The Court also handles the initial stages of felony cases for purpose of arraignment and preliminary examination. Criminal felony cases are handled in the Circuit Court after preliminary examination.

The Court's physical jurisdiction includes the City of New Baltimore, Chesterfield Township, New Haven and Lenox Township. The water-front City of New Baltimore is located in the heart of Anchor Bay. The 42-2 District Court gets an interesting blend of criminal violations and infractions in connection with water-related activities such as boating while intoxicated, watercraft violations and alcohol related crimes. Chesterfield Township is the largest land mass for this jurisdiction and has several high traffic thoroughfares including Gratiot Avenue, I-94 and 23 Mile Road which net a fair share of drinking and driving (DUI) and traffic tickets. The corner of 23 Mile Road and Gratiot Avenue is a major retail shopping area where incidents such as retail fraud (shoplifting) wind up at the 42-2 District Court.

Our firm has handled criminal, drunk driving (DUI) and traffic matters in the 42-2 District Court. I would say that the goal of the 42-2 District Court is to discourage behavior that threatens the enjoyment of its roads, retail establishments and waterfront community. However, it is my experience that this Court will listen to reason and give most offenders a second chance. This means that our attorneys have negotiated dispositions for our clients to have many first offenses for traffic and criminal matters dismissed. Usually, the offender will be required to earn the dismissal by complying with conditions ordered by the Judge. If the offender does not comply, all bets are off and the offender faces sentence which can include jail and a criminal conviction.

The M-59 corridor in the City of Sterling Heights has several retail establishments, including Lakeside Mall. The Lakeside Mall gets its fair share of shoplifters with several major retail department stores that include Macy's, Sears, JC Penney and Lord and Taylor. Shelby Township and Utica are home to several retail chains on the north side of M-59 which include Gander Mountain, Art Van Furniture, Borders, Best Buy, Costco and Sam's. In Michigan, the crime of shoplifting is known as retail fraud. This blog will focus on retail fraud cases which our firm handles in the 41-A District Court in Sterling Heights, Utica and Shelby Township.

If a someone is caught shoplifting, the police are called to the scene and the person is arrested, booked and released on bond until a court date is scheduled. However, most cases which involve shoplifting at the Lakeside Mall in Sterling Heights do not involve the immediate arrest of the suspected person. Our experience is that the person caught shoplifting (at Lakeside Mall) will be released after identification is obtained. Approximately 30 days after the incident, the person will be notified by mail to appear at the Sterling Heights Police Department for intake and booking. This process saves the police department valuable law enforcement man hours which would otherwise be imposed each time that an officer was deployed to formally arrest someone for shoplifting.

Retail fraud is a crime of dishonesty which could result in a permanent criminal record. Thus, a person who faces retail fraud charges should hire a lawyer as soon as possible even though the case may not formally be in the system for approximately 30 days. A lawyer can provide invaluable sound legal advice and a strategy which could keep result in a dismissal of the offense, depending upon the circumstances and the prior criminal record of the offender.

In almost every case, a person who is charged with retail fraud is required to pay the retail store for cost recovery. Cost recovery can be demanded as civil damages by the merchant. Michigan Law provides that a person who commits an act for which he or she could be charged with retail fraud is liable to the merchant for the full retail price of un-recovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.