Understanding Theft, Shoplifting, and Larceny Under Michigan Law

In Michigan, theft crimes fall under the larger umbrella of property crimes and are taken very seriously by both law enforcement and the courts. You may hear the term "larceny" used, especially by police or prosecutors. Larceny is Michigan’s legal term for theft, and the severity of the charge depends on what was allegedly stolen and its value.

• Shoplifting is generally considered a type of larceny that takes place in a retail environment. This is most commonly charged as Retail Fraud.
• Larceny involves the unlawful taking of someone else's property with the intent to permanently deprive the owner of it. It can happen anywhere—at a park, in a store, or during a crowded event.

During large events in Kellogg Park, local shops may be more alert to theft, but that also means more opportunity for mistakes—especially when crowds lead to confusion and misidentification.

Common Scenarios for False Accusations During Public Events

July events in Kellogg Park often bring packed sidewalks and congested shops. Some common scenarios that might lead to false accusations include:

• Misidentification: You match the general description of a suspect given by a witness or caught on camera, but security gets the wrong person.
• Item Confusion: You picked up an item with the intent to buy and placed it in your bag or stroller while shopping, only to realize later that someone thought you meant to steal it.
• Mistaken Ownership: You grabbed what you thought was your item—like a bag, phone, or drink—that looked like someone else’s property.
• Overzealous Security: Security personnel or staff accuse you without solid evidence just to err on the side of caution.

Regardless of how it happens, a false accusation can lead to embarrassment, stress, and even legal consequences if not addressed properly.

Step-by-Step: What to Do if You’re Falsely Accused of Theft

1. Stay Calm

If a store employee, private security, or police officer approaches you, the best initial response is to remain calm. Arguing or becoming aggressive will only hurt you in the long run and could lead to additional charges such as disorderly conduct or resisting arrest.

2. Do Not Admit Guilt

Even if you're trying to clear things up, avoid making statements that could be taken as admissions. For example, saying "I didn’t mean to steal it" could be interpreted as a confession. Simply state, “I did not take anything,” and ask to speak with your attorney.

3. Ask If You Are Being Detained

Under Michigan law, a store owner or their employee can detain a suspected shoplifter for a "reasonable" amount of time if they have reasonable cause. However, they cannot legally hold you indefinitely. You have the right to ask, “Am I being detained?” If the answer is no, you may calmly leave.

4. Do Not Consent to a Search Without a Warrant

Security may ask to search your bags or personal belongings. Unless the police have a warrant or your consent, they generally cannot search you. If you are stopped by police, ask them politely if they have a warrant with your name on it before allowing any searches.

5. Document Everything

If you are falsely accused, it’s essential to preserve every detail. Write down the names of employees or witnesses involved, what time the incident occurred, where it happened, and exactly what was said. This may all become critically important evidence if the situation escalates to a formal legal case.

6. Do Not Sign Anything Without Legal Advice

Retail stores sometimes ask alleged shoplifters to sign a “confession” or a statement for internal documentation. Do not sign anything without an attorney reviewing the language. Signing something without understanding it could later be used against you in court.

7. Contact an Attorney Immediately

If things escalate or you’re being charged, you need professional legal help. Call criminal defense attorney Aaron J. Boria at (734) 453-7806. We provide a free consultation and have extensive experience dealing with false accusations of larceny and retail fraud in Michigan.

Potential Charges for Theft in Michigan

If accusations go beyond a misunderstanding, you may be facing official charges. It's important to understand what the prosecutor could be looking at:

• Retail Fraud in the Third Degree: Accused of stealing property valued under $200. This is a misdemeanor punishable by up to 93 days in jail and fines up to $500 or three times the value of the stolen property.
• Retail Fraud in the Second Degree: For allegedly stealing property worth between $200 and $1,000. This is a more serious misdemeanor punishable by up to one year in jail.
• Retail Fraud in the First Degree: When the property value is over $1,000—or if you have prior retail fraud convictions—it becomes a felony. This carries up to 5 years in prison and heavy fines.
• General Larceny Charges: These can apply outside of a retail setting. The penalties also depend on the value and circumstances of the alleged stolen property.

You cannot be legally convicted unless the prosecution proves every element of the crime beyond a reasonable doubt—which becomes critical in false accusation cases where intent is missing.

Defending Against a False Theft Allegation

You are innocent unless proven guilty. That statement is more than a slogan—it’s a legal standard that places the burden of proof on the prosecutor, not you.

Key Defenses We Use Include:

• Mistaken Identity: You were incorrectly identified as the suspect. We use witness statements, video footage, and receipts to build your case.
• Lack of Intent: You must have intended to steal the property. If the act was accidental or misunderstood (like forgetting to pay while distracted), you may not be legally guilty.
• No Theft Occurred: Sometimes a store’s inventory system or employee error creates a nonexistent loss. We can challenge the very foundation of the accusation.
• Illegal Detention or Search: If your rights were violated during the search or detention, key evidence may be thrown out.

In some cases, we can even negotiate pretrial dismissal or pursue a civil infraction resolution so that you avoid a criminal record altogether.

Consequences of a Theft Conviction in Michigan

A theft conviction can have far-reaching consequences beyond fines or jail.

• Criminal Record: A permanent criminal record can impact your job prospects, especially for those in hospitality, retail, and government jobs.
• Loss of Professional Licenses: Nurses, teachers, and other licensed professionals can face disciplinary action from state boards.
• Immigration Consequences: Theft charges are often considered "crimes of moral turpitude" and could lead to deportation for non-citizens.

That’s why it is so important to fight even a “minor” retail fraud charge—because the long-term damage can be disproportionate to a misunderstood situation.

Why These Situations Commonly Arise During July Events

Plymouth’s Art in the Park, July 4th events, and summer concerts turn quiet downtown streets into crowded venues. Here’s why that increases the risk of false accusations:

• Overwhelmed Security: More people means more work for store staff and private security, increasing the odds of error.
• Heightened Awareness: Businesses know these events can attract theft and may act faster on vague suspicions, without proper investigation.
• Community Pressure: Shopkeepers want to demonstrate they are doing something about theft, even if it leads to targeting the wrong person.

We’ve dealt with these cases before. In fact, our law office has successfully handled multiple theft accusations arising from downtown events just like these. And often, when we calmly gather and present the facts, charges are dismissed or reduced.

What Happens at 35th District Court (Plymouth)

If your case proceeds to court, you’ll likely appear at the 35th District Court located at 660 Plymouth Rd, Plymouth, MI 48170. This court handles misdemeanors and initial felony proceedings. Depending on the charge, we will either push for a dismissal at the pretrial stage or prepare for a full trial.

The judges here know Boria Law well, and we know their courtroom styles. That relationship can make a difference in how efficiently and effectively we argue your innocence.

Call an Experienced Defense Attorney Today

If you or a loved one has been falsely accused of theft, shoplifting, or larceny—especially during a packed event at Kellogg Park—don’t leave your future to chance. These are real criminal charges that carry real consequences, and you need an experienced legal team on your side.

Call criminal defense lawyer Aaron J. Boria at (734) 453-7806 for a free consultation today. We’ll discuss the specifics of your case, lay out your legal options, and fight for your name, your record, and your future.

Final Thoughts

Events like Art in the Park and summer festivals should create joyful memories—not legal nightmares. If you’ve been mistakenly accused of theft during a July event at Kellogg Park, it’s vital to take immediate action. Remaining silent, consulting a top Michigan defense attorney, and knowing your rights can mean the difference between a conviction and vindication.

Remember, a criminal charge is only the beginning—you get to choose how you respond.