Articles Tagged with clinton township criminal lawyer

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41B District: How to Get a Second Chance if Charged with Retail Fraud 3rd Degree

The 41B District Court is located at 22380 Starks Drive, Clinton Township, Michigan, 48038. This Court has jurisdiction which encompasses Clinton Township, Harrison Township and Mount Clemens. It is trial court with full authority to handle all proceedings with respect to misdemeanor offenses that do not carry more than 1 year in jail.

The 41B District Court region is densely populated with national retailers (Walmart, Target, Lowes), retail strip centers and the Partridge Creek Mall which opened in 2007. This publication is about the crime of retail fraud (shoplifting) and how it can be managed with a positive result in the 41B District Court.

We have practiced criminal law extensively in the 41B District Court and longer than most law firms in Macomb County. I can say that in my nearly 40 years of practicing in this district, the 41B District is a court where the judges will give offenders a second chance as I will explain in this publication.

Penalties for Retail Fraud Depend on Prior Record of Offender and the Value of Property Involved

In Michigan, the crime of shoplifting is prosecuted as an offense known as “retail fraud“.  Retail fraud crimes are classified according to degree based upon the value of property or money attempted to be misappropriated. An offense can also be enhanced to a higher degree if the offender has a past record for retail fraud.

  • 1st Degree Retail Fraud, Felony: Maximum Penalty: Up to 5 years in prison, $10,000.00 fine, court costs. Value of Property or Money: $1,000.00 or more
  • 2nd Degree Retail Fraud: Misdemeanor: Maximum Penalty: 1 year jail, $2,000.00 fine, court costs. Value of Property or Money: $200.00 but less than $1,000.00
  • 3rd Degree Retail Fraud: Misdemeanor: Maximum Penalty: 93 days jail, $500.00 fine, court costs.  Value of Property or Money: Under $200.00

Triple Penalty: In addition to the above penalties, the court has the option to  impose a fine, or a penalty up to 3x the amount of property or money attempted to be misappropriated, whichever is greater.

Civil Demand Letter: The retail business may send a letter requesting up to $200.00 from the alleged offender even before the case is within the court system. The criminal retail fraud matter will not be dropped just because this amount is paid. The civil demand for money and the criminal proceedings are separate and distinct matters.

Retail Fraud 3rd Degree is Most Common: Concealment, Altering Labels, Failing to Scan at Checkout

The offense of Retail Fraud 3rd Degree is the most common form of shoplifting which means that the amount or value of the property attempted to be taken without authority is under the value of $200.00. Retail fraud can be committed in many ways including by:

  • Concealment of merchandise
  • Altering labels or misrepresenting the price
  • Returning stolen merchandise
  • Attempting to defeat self checkout barcode scanned

If you find yourself in this position, stop worrying and thinking that you are a bad person. We have represented people from all walks of life that have never been trouble but get caught commiting a petty theft offense and are required to deal with the court system for the first time ever. Don’t attempt to represent yourself unless you are 100% sure that you know how to deal with a Macomb County Prosecutor or city attorney assigned to the case. In addition, you will be judicially interrogated at some point in time. Saying the wrong thing can result in the case being scheduled for a jury trial and missing an opportunity to get out of the system.

But I Didn’t Intend to Steal Anything and I had the Money in My Purse or Wallet to Pay…

We hear it all the time and so do the judges that preside over retail fraud cases: “I didn’t intend to steal anything, it was a mistake” and “why would I need to shoplift something when I had the money to pay for it.” Don’t fool yourself into believing that you can win your case with these assertions. These are old tired excuses that are likely to result in a guilty verdict at trial. I would say that these excuses honestly apply to a less than 5% of all retail fraud cases, yet we hear this from about 50% of the clients that come through our doors.  Again, saying the wrong thing in the courtroom can get you stuck in system and lead to a devastating irreversible guilty verdict.

Getting Out of the System with a Delayed Sentence and Dismissal!

If you are caught shoplifting, getting a skilled Macomb County criminal defense lawyer with experience handling retail fraud cases in the 41B District Court is is the right move if you want a shot at getting a second chance.  As I have mentioned, it is important to know how to approach these matters with the prosecuting attorney and the judge. In other words, we will protect you from drawing attention to negative aspects of your case. Being successful in the majority of these cases means that we know how to identify a client with the prosecutor and the judge as an “isolated offender’. In doing so, we are able to get  a dismissal of the offense after a period of probation under a special provision of law (MCL 771.1) known as a delayed sentence. Upon compliance, the offender can obtain an official copy of the dismissal from the court to prove compliance and that the matter was dismissed. This often all that is needed to save someone future complications associated with employment or college applications.

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The 41B District Court located at 22380 Starks Drive, Clinton Township, Michigan 48038, phone: 586-469-9300.  It has jurisdiction to handle civil, traffic and criminal cases arising in Clinton Township, Harrison Township and Mount Clemens. Clinton Township has its own police department while Harrison Township and Mount Clemens are policed by the Macomb County Sheriff’s Department. The Court is served by Judge Sebastian Lucido, Judge Linda Davis and Judge Carrie Lynn Fuca.

As I state in this publication, it is my opinion based upon several years of experience, that the 41B District Court will give a person a second chance and has a philosophy to encourage rehabilitation rather than impose jail. 

41B District Court has an expansive jurisdiction that covers Macomb County from Lake St. Clair in Harrison Township to Hayes Road on the Sterling Heights border, and from 14 Mile Road to Hall Road. The area has a diverse mixture of established and newer real estate, shopping centers, Macomb County Community College, county government offices and the Partridge Creek Mall. The Macomb County Sheriff’s Department and the Clinton Township Police are the predominant law enforcement agencies in the area.

Criminal Cases in the 41B District Court: Provisions of Law to Get Dismissals Available!

The 41B District gets a wide range of the criminal cases that occur within Macomb County.  Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 41B District Court. The following is list of some of the most prevalent cases that we regularly see on the 41B District Court’s docket:

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 41B District Court, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. I have found that the judges and the magistrate will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise take.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 41B District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children).

In our experience, criminal cases can be resolved favorably at the 41B District Court. All these special provisions of law are possible in the 41-B District Court which can result in a dismissal of a criminal matter:

  • HYTA for youthful offenders (age 17 to 23)
  •  MCL 333.7411 for first time drug offenders
  • MCL 769.a for domestic violence.
  • Delayed Sentence or Deferral

Drunk Driving Cases in the 41B District Court

1st offense drinking and driving: The 41B District Court is known for imposing hefty fines and costs for first time drinking and driving offenders.  For most first time drinking and driving offenders, jail is not likely in the 41B District Court absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired‘ in the 41B District. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. Non-reporting probation, reporting probation and counseling may also be imposed depending upon the circumstances. Those with a history of alcohol or substance abuse, or that register a high blood alcohol content (BAC), can expect a longer period of counseling. Fortunately, the judges in the 41B District Court have a sentencing philosophy that encourages rehabilitation rather than incarceration.  In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,500.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program
  • Possible drug testing, alcohol testing, AA meetings
  • 4 points on driving record

There are other mandatory and discretionary sanctions associated with a drinking and driving conviction including: driver responsibility fees, probation oversight expenses and vehicle immobilization. The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of a drinking and driving offense.

If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. In 2016, there were approximately 140 arrests for operating while intoxicated related offenses in Clinton Township and 50 registered a BAC of .17 or more.

A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every Macomb County District Court.

The 41-B District Court Probation Department: 22380 Starks Drive, Clinton Township, Michigan 48038

The 41-B District Court has its own probation department located inside of the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years.

Isolated Incidents, Not Likely to Re-offend: There are many instances where we have advocated for ZERO probation, or for an abbreviated period of probation, on behalf of clients that are not likely to re-offend.

Traffic Violations in the 41B District Court: Reduced to Avoid Points and Record of any Conviction!

Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 41B District Court. Gratiot Avenue, Metro Parkway, a stretch of I-94 and Hall Road all contribute to the traffic volume in the 41B District Court.  When resolving a traffic matter in the 41B District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident

The court staff and judicial officers are forbidden by law to provide you with legal advice. Yet many courts are now making it easier than ever to just pay your traffic ticket by visiting the court’s website and conveniently providing an option to pay by credit card.  Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.  Another publication by our firm explains why you should fight every traffic ticket.

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