Navigating 3rd-Degree Retail Fraud in Plymouth, Michigan: Essential Defense Strategies and the Importance of Timely Action

Understanding 3rd-Degree Retail Fraud in Michigan

Michigan’s retail fraud laws are found in Michigan Compiled Laws (MCL) 750.356d. Retail fraud occurs when a person commits theft or deceitful conduct involving merchandise offered for sale by a store or merchant. The degree of retail fraud depends on the value of the merchandise and the individual's prior convictions.

What is 3rd-Degree Retail Fraud?

3rd-degree retail fraud is the lowest level of retail fraud charge in Michigan, but it is still a misdemeanor criminal offense. This charge applies when the value of the stolen property is less than $200 or when the accused allegedly attempts to deceive a merchant into charging less for an item valued under that amount. Common examples include:

• Concealing merchandise and leaving the store without paying.
• Switching price tags or altering packaging to pay less.
• Returning previously stolen goods for refunds or store credit.

These actions may seem small or impulsive, but under Michigan law, intent plays a central role. To convict you, the prosecution must prove that you intended to steal or defraud the store. Without proving intent beyond a reasonable doubt, the charge cannot stand.

Elements the Prosecution Must Prove

In every Michigan retail fraud case, the prosecutor must prove specific legal elements before obtaining a conviction. These are typically presented to a jury and read by the judge. To convict you of 3rd-degree retail fraud, the prosecution must prove:

• Element 1: That you took property from a store that offered the property for sale.
• Element 2: That you moved the property with the intent to steal or to avoid paying full retail value.
• Element 3: That the retailer had not consented to you taking the property or altering it.
• Element 4: That the property’s value was under $200.

If the prosecutor fails to prove any one of these elements beyond a reasonable doubt, the case should result in a “not guilty” verdict.

Additionally, if you are accused of switching price tags or committing return fraud, the prosecution must also prove your intent to defraud the merchant, which requires clear evidence of deception—not just a misunderstanding or mistake.

Potential Penalties for 3rd-Degree Retail Fraud

Even though it’s a misdemeanor, the penalties for 3rd-degree retail fraud can still have lasting effects. A conviction can damage your record, harm your reputation, and affect your ability to obtain employment, housing, or professional licenses.

• Maximum Jail Time: Up to 93 days in the county jail.
• Fines: Up to $500, or three times the value of the merchandise, whichever is greater.
• Restitution: You may be required to pay restitution to the merchant for losses suffered.
• Probation and Community Service: Judges often impose terms of probation and community service instead of jail, depending on the circumstances.

While these penalties may sound manageable, the greater risk lies in having a theft-related conviction on your permanent record. Retail fraud is considered a crime of dishonesty, or “crime involving moral turpitude,” which employers, professional boards, and immigration authorities take seriously. This is why defending the charge properly is so important.

Effective Defense Strategies for Retail Fraud Charges

Every retail fraud case is unique. The best defense strategy depends on the facts, available evidence, and your background. However, strong defense attorneys often use several key strategies to challenge the prosecution’s case:

Lack of Intent

Retail fraud requires proof that you intended to permanently deprive the store of its property or defraud them. If you accidentally left a store without paying, or if there was a misunderstanding with self-checkout or another shopper, your attorney can argue that you did not have criminal intent. Without intent, there is no crime.

Mistaken Identity

Many retail fraud arrests stem from surveillance footage or loss prevention officers’ observations. It’s not uncommon for someone to be misidentified, especially when the video is unclear or when multiple people are shopping together. A defense lawyer can request access to security footage, challenge the quality of the evidence, and demonstrate that you were wrongly accused.

Improper Detention or Search

Retail stores must follow specific laws when detaining suspected shoplifters. If store security or police violated your rights or used unlawful search procedures, your attorney may be able to suppress that evidence. This could lead to a dismissal or significant reduction of charges.

Negotiated Resolutions

For first-time offenders, Plymouth’s prosecutors and courts may allow alternative resolutions such as deferrals or diversion programs. In some cases, completing a retail fraud education program and staying out of trouble for a period of time can lead to dismissal of the charge and keep your record clean.

The Court Process for Retail Fraud Cases in Plymouth

If you are charged with 3rd-degree retail fraud in Plymouth, your case will typically be heard in the 35th District Court, located at 660 Plymouth Rd, Plymouth, MI 48170. This court handles misdemeanor offenses and preliminary exams for felonies originating in the area. Understanding what to expect in court can help you prepare for each step of the legal process.

1. Arraignment

The arraignment is your first court appearance. You’ll be formally informed of the charge and your rights. The judge will set bond conditions—often personal recognizance for minor shoplifting cases. It’s critical to have an attorney before this hearing, as they can sometimes waive the arraignment to avoid unnecessary court appearances and media exposure.

2. Pre-Trial Conference

Before the case goes to trial, your lawyer will attend pre-trial conferences to discuss evidence with the prosecutor, negotiate possible plea agreements, and file motions challenging the legality of the stop, detention, or arrest. This phase is where strong advocacy can lead to charge reductions or dismissal.

3. Trial

If no resolution is reached, your case will go to trial. The prosecution must prove each element beyond a reasonable doubt. A skilled defense attorney will cross-examine witnesses, challenge video evidence, and argue that the state’s case lacks proof of intent or clear conduct. Bench and jury trials are both available in misdemeanor cases.

4. Sentencing

If convicted or if the defendant accepts a plea deal, a sentencing hearing will follow. The court will review your background, criminal record, and the facts of the case before issuing penalties. With an experienced lawyer, many retail fraud defendants receive minimal penalties, reduced charges, or deferred sentences.

The Importance of Acting Quickly After a Retail Fraud Arrest

Retail fraud cases move fast, and the earlier you contact an attorney, the stronger your defense. Once charged, prosecutors begin building a case with police reports, witness statements, and store surveillance evidence. Acting quickly allows your attorney to preserve any exonerating evidence, interview witnesses, and ensure your rights are protected.

Additionally, early legal intervention can often prevent formal charges from being filed. An attorney may communicate directly with the prosecutor before the case is issued, presenting mitigating evidence or negotiating for a lesser offense or diversion program. These proactive steps are key to avoiding a criminal record.

Long-Term Consequences of a Retail Fraud Conviction

A retail fraud conviction doesn’t just mean potential jail time or fines. It can impact nearly every area of your life. Because retail fraud involves theft and dishonesty, it can harm employment opportunities, especially in fields involving money, inventory, or customer trust. It can also affect professional licensing, immigration, and housing applications.

For students or young professionals, one mistake can shadow future academic and career goals. Having a retail fraud conviction expunged or dismissed through legal action is often possible, but it’s far better to avoid the conviction in the first place through aggressive defense representation.

Retail Fraud Cases in Plymouth: Local Considerations

Plymouth, Michigan sits within Wayne County, and local retail fraud cases are handled by both city and county prosecutors depending on jurisdiction. The judges at the 35th District Court, including Judge Michael Gerou, Judge James Plakas, and Judge Joe Barone, are experienced in handling theft-related cases and place importance on accountability and rehabilitation. Understanding each judge’s approach helps your attorney prepare a strategy tailored to the court’s preferences.

In practice, many first-time offenders are given opportunities to avoid a permanent record through diversionary outcomes if they demonstrate remorse and cooperate with probation terms. However, the quality of counsel makes a major difference—especially when negotiating alternatives such as delayed sentences or MCL 771.1 probation options.

Getting Help and Building Your Defense

If you or a loved one have been charged with 3rd-degree retail fraud in Plymouth, do not wait to seek legal help. Early action can protect your record, freedom, and reputation. Attorney Aaron J. Boria has successfully defended countless clients facing theft and fraud charges throughout Michigan. Our office has achieved reductions and even dismissals in cases just like yours.

Call (734) 453-7806 today for a free consultation. We’ll listen to your story, review your options, and develop a tailored plan to defend your case. You can learn more about our firm and additional criminal defense topics on our Plymouth criminal defense homepage.

Remember, a single accusation does not make you guilty. With the right defense, many retail fraud charges can be reduced, diverted, or dismissed entirely. The key is to act quickly and consult an experienced local attorney who understands Michigan law and the Plymouth court system.

Conclusion

3rd-degree retail fraud may be the lowest retail fraud charge in Michigan, but it still carries serious legal, financial, and personal consequences. A conviction can leave you with a permanent criminal record, stigmatize you with a crime of dishonesty, and compromise your future. Understanding Michigan’s retail fraud laws, the elements the prosecution must prove, and the possible defenses is the first step in protecting yourself.

Plymouth’s 35th District Court handles retail fraud cases daily, so hiring an attorney who knows the local judges and prosecutors gives you a strategic advantage. From challenging intent to negotiating for dismissal or diversion, the right defense can keep your record clean and your future intact.

If you or someone you care about has been charged with retail fraud, contact Boria Law at (734) 453-7806 immediately. The sooner you act, the better your chances of achieving a positive outcome. We’re here to protect your rights, your record, and your future.