What Is Retail Fraud in Michigan?

In Michigan, shoplifting is prosecuted under the term “retail fraud.” There are three degrees of retail fraud, each based on the dollar value of the merchandise taken (or attempted to be taken) and prior convictions. These charges apply both to individuals who allegedly steal merchandise and those who attempt to return stolen merchandise for a refund or exchange.

Retail Fraud – First Degree (Felony)

• Property value is $1,000 or more
• Or property is $200 or more, and the accused has a prior retail fraud conviction
• Punishable by up to 5 years in prison and/or a $10,000 fine (or three times the value of the stolen property, whichever is greater)

Retail Fraud – Second Degree (Misdemeanor)

• Property value between $200 and $1,000
• Punishable by up to 1 year in jail and/or $2,000 fine

Retail Fraud – Third Degree (Misdemeanor)

• Property value under $200
• Punishable by up to 93 days in jail and/or $500 fine

Charged with Retail Fraud as a First Offense?

If this is your first time being accused of shoplifting, there’s good news: You have options. In many cases, especially in the 35th District Court—which covers Plymouth, Northville, and Canton—a skilled defense attorney can negotiate a resolution that avoids a conviction record and keeps your future intact. This is especially important for high school students or college-bound teenagers caught up in a moment of poor judgment. A shoplifting conviction can follow you for life, affecting scholarships, job opportunities, and more.

The good news is that first-time retail fraud offenders are often eligible for plea deals, diversion programs, and dismissals—but only if they are handled the right way.

What Happens After a Shoplifting Arrest?

If you're caught allegedly shoplifting from a store like Target on Haggerty Rd, loss prevention officers will usually detain you, collect evidence (often including video footage), and call the police. You'll likely be issued a citation or arrested, and referred to the 35th District Court in Plymouth for arraignment.

1. Arraignment

This is usually your first court appearance. You’re informed of the charges against you and may be asked to plead guilty, not guilty, or stand mute (which is treated as a not guilty plea). An experienced criminal defense attorney may waive this arraignment to reduce unnecessary public embarrassment or court appearances.

2. Pretrial Conference

This provides your attorney an opportunity to review the prosecution's evidence, negotiate with the prosecutor, and determine the best legal strategy. In first-offense cases, attorneys often negotiate diversion programs or deferment agreements that result in eventual dismissal of charges.

3. Trial (If Necessary)

Most retail fraud cases resolve before trial. But if necessary, your attorney will challenge the credibility of the evidence, argue that you lacked intent to steal, or that you were mistakenly accused (mistaken identity is more common than you’d think, especially with surveillance footage delays or errors in identifying suspects).

Defense Strategies for First-Time Retail Fraud Charges

Even if you think the evidence is stacked against you, all is not lost. There are multiple defenses and mitigation strategies that an experienced attorney can use to protect your record. Here are a few key approaches:

Mistaken Identity

Loss prevention officers may misidentify suspects or use grainy video surveillance. The wrong person may be accused due to similar clothing, height, or hair. A good attorney will use this to challenge the prosecution’s theory.

Lack of Intent

Maybe you walked out forgetting something was under your cart. Maybe you were distracted trying to manage a child while shopping. Theft requires intent. If intent to steal is missing, then you are not guilty of retail fraud.

First Offender Programs and Diversion

For someone with no prior criminal record, especially minors or young adults, the court often offers programs designed to educate rather than punish. Completion of these programs may result in a full dismissal of charges and a sealed record.

Negotiated Pleas

In some cases, your attorney may negotiate a reduction in charges—for example, getting a retail fraud reduced to a local ordinance violation, resulting in a far less damaging record.

We’ve Helped Clients Just Like You

At Boria Law, we’ve represented countless clients—many of them high school or college-aged—accused of shoplifting on or near Haggerty Rd in Canton, Plymouth, and Northville. Whether it's a $30 pair of headphones or a $350 graphing calculator, we know what’s at stake.

In one case, a high school senior was caught allegedly trying to take school supplies during a back-to-school Target trip. She was terrified her future college applications would be jeopardized. Our team was able to get the charges dismissed through a diversion program—her record stays clean, and her future remains untarnished.

If this has happened to you or your child, understand that you are not alone, and life will go on. With the help of a seasoned attorney, you can come out of this with a clean record and a valuable life lesson—not a permanent scar.

What You Should Do Next

The most important thing you can do after being charged with retail fraud is to remain calm and contact a qualified criminal defense lawyer immediately. Do not speak to police or prosecutors without representation. What you say can—and usually will—be used against you.

Attorney Aaron J. Boria has handled dozens of retail fraud cases in the 35th District Court. We are familiar with the judges, the prosecutors, and the strategies that work specifically in Canton, Plymouth, and Northville. There is no one-size-fits-all approach—we customize our defense strategy to each unique client and situation.

Your criminal defense begins with understanding what you’re facing and taking the right steps toward protection. Don’t assume that a first offense will just go away on its own. It won’t. But it can absolutely be managed in a way that protects your future.

Why Choose Boria Law

• Local Experience: We've defended hundreds of clients in the 35th District Court.
• Proven Results: We’ve obtained dismissals, diversions, and record-sealing for first-time offenders time and time again.
• Client-Focused Approach: We listen to your story, craft the best possible strategy, and fight for your future like it’s our own.

These charges may feel overwhelming, but you don’t have to fight them alone. We will walk with you every step of the way—from arraignment to resolution—with dignity, discretion, and determination.

Contact Us Today

If you or your child has been accused of shoplifting on Haggerty Rd—at Target, Meijer, Walmart, or any other retailer—the time to act is now. Don’t let one mistake derail a lifetime of opportunity. Let us help you navigate this, protect your name, and ensure you get a second chance.

Call criminal defense attorney Aaron J. Boria today at (734) 453-7806 for a free consultation. You can also visit our office at 760 Forest Ave, Suite 9, Plymouth, MI 48170. We are here to help get you through this with your reputation and future intact.

Final Thoughts

Everyone makes mistakes—especially during the chaos of back-to-school season. But those mistakes don’t have to define you. With the right legal representation, a shoplifting charge doesn’t have to become a conviction. It can become a turning point, a wake-up call, or even just a memory of something you got through and grew from.

If you’re ready to fight your case and protect your future, reach out to us today. Remember, we’re not here to judge—we’re here to defend, and we take that responsibility seriously.