The cause and reason for the criminal behavior must be ascertained, diagnosed, and rectified as best as possible in order to successfully address the matter with the court. By providing a recommendation for the proper course of action and treatment, we help ensure the behavior is not repeated. Our office will help minimize any punishment that may be imposed.
We understand that it is of the utmost importance to keep any retail fraud or theft offense off your criminal record. A theft-related conviction leaves a reputation of dishonesty that can discourage employers and educational institutions from associating with you. A retail fraud or theft conviction could change the course of your life. It is important not to let a one-time mistake invalidate years of hard work and preclude legitimate aspirations in the future.
There are several legal strategies to keep a retail fraud conviction off your record.
Youthful offender status – those under the age of 24 can and should be provided an opportunity to have the case immediately made non-public and eventually dismissed after satisfactory completion of a short probationary period. The applicable age was increased to age 24 in Michigan, effective August 15, 2015. For those accused between the ages of 21 and 24, if the case occurred before that date, we can and must delay the prosecution until after that date to ensure all who qualify will take advantage of the new law change.
First offender programs – many jurisdictions and prosecutorial offices will allow a first offender, no matter the age, to engage in programming to keep the offense off their record. Do not assume that this offer will automatically be made, because it will not. A Michigan shoplifting attorney from The Law Offices of Barton Morris will not only ensure all available programs but ensure the client is prepared to be eligible to receive said programs. Many require the client to receive certain treatment or previously be engaged with a particular therapy requirement. Every court and jurisdiction is different in this regard. The skilled attorneys from The Law Offices of Barton Morris know exactly what needs to be done to ensure successful acceptance and completion of every known first offender program.
Oftentimes, those that may not qualify can still be accepted into a first offender program. Our Michigan shoplifting attorneys will make sure that every effort is taken to make all qualifying programs available to our clients even if at first glance it may seem unavailable. The opportunity to keep someone’s record clean must sometimes be fought hard for. Oftentimes, a favorable result must be achieved no matter the cost and “no” is not an acceptable answer. The attorneys at The Law Offices of Barton Morris will fight relentlessly for every client.
How to Fight a Retail Fraud Case in Court
Many times, trial and pre-trial litigation is necessary. We do not simply accept the first offer the prosecutor makes as it is usually not the best one. Sometimes a litigation battle is necessary.
Common trial or pre-trial defenses include:
- Exposing the loss prevention officers (LPO) as not being properly trained
- Unfair or prejudicial targeting by LPOs
- Unlawful arrest or detainment by LPOs
- Lack of intent to permanently deprive or lawful mistake
- Proper investigation including dissecting LPO reports and obtaining and reviewing video evidence.
Reasons to hire a theft and retail fraud specialist attorney:
- It is important to hire an attorney who knows the jurisdiction, prosecutor, preferences, position, tolerances, and when the city attorney will entertain exceptional circumstances, which can lead to out-of-the-ordinary and favorable results.
- It is important to know the judge and their past treatment of similarly situated defendants.
- It is important to be able to adequately explain and advocate all of the client’s relevant circumstances that can have an effect on the outcome. A specialist attorney will spend as much time as possible to know every relevant and important detail about the client, including his/her education, family, financial circumstance, physical and mental health, professional and personal goals, and aspirations.
- It is important to hire a dedicated attorney who knows special and alternative options which are available and helpful to your case. It is important that each client is characterized individually. Defendants should not be all be treated the same.
- Whether an accused is a first-time or repeat offender, this case can be the most significant event in their life. It is critically important that you obtain the best result possible as it could and will have an effect on the rest of your life.Do not trust a court-appointed attorney to provide any specialized or individualized assistance. A court-appointed attorney will only do what the prosecution wants. They simply do not take the time to fully investigate the whole case. They will not look at videos or LPO reports. They will spend as little time as necessary to finish your case as they have several more to finish. Those with a court-appointed attorney will have no one to call for advice, counseling, questions, or assistance.
A retail fraud or theft case and its outcome are entirely too important to trust a public defender. As well-intentioned as they may be, they simply do not have the time or qualifications to do whatever is necessary to obtain the best result. You may spend three minutes with a lawyer who literally holds your life and future in their hands.
Why Are We Retail Fraud & Theft Lawyer Specialists?
Most criminal defense attorneys do not focus on retail fraud and theft offenses. Our attorneys do. We realize the special needs that are specific to these types of offenses and understand that by knowing the specific issues unique to these types of cases we can and do obtain amazing results for many of our clients.
These issues include:
- The psychology and motivations of Loss Prevention Officers
- Typical video surveillance equipment used by major retailers and smaller stores
- The psychology and human assessment of theft and fraud behaviors along with identification of cues, symptoms, and effects.
- The psychology of prosecutors and judges on theft cases, including an understanding and previous experience in area courts with high volumes of retail fraud like Troy, Novi, Sterling Heights, Grand Rapids, and Macomb Township.
- Alternative sentencing options, and therapeutic options available
We have existing relationships with area treatment and therapist providers to ensure our clients have a full range of options to cater to any geographical and financial circumstances.
Judges and prosecutors know that when the attorneys from The Law Offices of Barton Morris are representing a client, that client will be properly diagnosed, their relevant circumstances evaluated, and an appropriate plan for resolution will be presented without the need for incarceration, overly burdensome penalties, or unnecessary services, treatments, or probationary terms.
Our Michigan shoplifting attorneys travel all over the state to defend these charges.