Detroit Theft Lawyer
It’s been the subject of national news in the last few years that Michigan, and Detroit in particular, have had a lot of financial challenges in the wake of the recession. The auto industry that has been Detroit’s economic centerpiece faltered and needed a bailout from the federal government. GM and Chrysler filed for bankruptcy. Entire automobile lines were discontinued. You can no longer walk into a dealership and buy a new Oldsmobile or a Pontiac, for example.
In Detroit, the recession sped up a process that had been happening for some time. The impacts to the auto industry left countless people unemployed. Foreclosures left homes empty — and people homeless. The city’s population dropped, and the city itself had to declare bankruptcy.
In tough times like these, it’s not unusual for people to turn to theft out of desperation when they’re trying to feed their families or keep a roof over their heads. At Davis Law Group PLLC, we understand that many people charged with theft in Detroit courts are good people who had a momentary lapse in judgment or made a mistake in a moment of stress. It’s not unusual for someone charged shoplifting, for example, to have had no intention to steal anything at all — but while tired from working multiple part-time jobs, or experiencing the stress of unemployment, may simply have forgotten to pay for an item.
A theft conviction can put someone who was already in a bad spot into an even worse one. Depending on the nature of the alleged theft, a conviction can have serious long-term effects on your life. The possible consequences may include:
- A jail or prison sentence
- Expensive fines and court costs
- A permanent criminal record
- Trouble finding a job or a place to live because of your criminal history
- Loss or denial of a license to work in your profession, such as teaching, nursing, pharmacy, law, medicine, or another licensed profession
- Loss or denial of your immigration visa or green card, denial of your citizenship application, or deportation to your home country if you’re not an American citizen
However, when you or a family member is charged with a Michigan theft offense, there may be actions you can take to try to avoid a conviction or to get your charge or penalties reduced. A qualified Detroit theft lawyer can help you fight the charge, or make a case to a prosecutor or judge that circumstances exist that support leniency.
Common Detroit Theft Charges
Michigan has a number of theft-related statutes defining different kinds of theft charges. However, theft offenses tend to fall into a handful of broad categories.
- Larceny — In Michigan, larceny is the broad category that most theft offenses fall under. Larceny can be a misdemeanor or a felony depending on the value of the theft. Jail time can range from months to years, and fines can range from hundreds of dollars to tens of thousands of dollars.
- Retail Fraud — Retail fraud is more commonly known as shoplifting. Shoplifting involves theft from a store, or actions such as switching price tags or packaging so that you pay less for an item. Shoplifting can be a misdemeanor or a felony depending on the value of the items stolen.
- Car Theft — Auto theft in Michigan may be charged as unlawfully taking away an automobile. It’s a felony offense that can result in years in prison.
- Identity Theft — The crime most people would think of as identity theft is charged in Michigan as Larceny by False Personation, and involves representing yourself as another person so that you can obtain money or property through the deception. Identity theft can be a misdemeanor or a felony depending on the value of the money or property stolen through the use of someone else’s identity.
Skilled Defense For Your Detroit Theft Charge
If you or a family member has been charged with theft, you need skilled representation from an experienced Detroit theft lawyer — someone who will listen to your case with compassion, and fight aggressively to get you the best outcome possible under the circumstances of your case.
Every case is unique, and every person charged with a crime has a story. At Davis Law Group PLLC, we’re committed to hearing your side of the story and working hard on your behalf to make sure your story is heard. Our goal is to help you stay out of jail if possible and to protect your rights and your future as your case moves through the criminal justice process.
We have experience not only in criminal defense, but also in prosecution. That allows us to see and understand the entire landscape of a criminal case, and to understand the thought process a prosecutor goes through when trying to build a case against you. That understanding gives our Michigan criminal defense lawyers a unique perspective when defending you in court. Call us today for a consultation about your theft charge, and we’ll discuss your options for a defense.
Theft Offense FAQS
What Should I Do if I am Charged With Theft?
If you have been charged with theft in Michigan, your immediate actions are crucial. Do not speak to the police, investigators, or the alleged victim without an attorney present. Politely invoke your right to remain silent, as anything you say can be used to strengthen the prosecution’s case. Immediately contact an experienced criminal defense attorney. Your attorney will review the police investigation to identify any procedural errors or lack of evidence, which may lead to a dismissal of charges or a favorable plea negotiation to a lesser offense.
Can I Be Arrested for Theft if I Didn’t Intend to Steal?
Yes, you can defend against a theft charge if you can prove you lacked the criminal intent necessary to commit the crime. In Michigan, theft requires the prosecutor to prove you took property with the intent to permanently deprive the owner of it. If you made an honest and reasonable mistake of fact, such as mistakenly grabbing a coat or bag believing it was yours, or reasonably believed you had permission to take the item, your attorney can use this to show you did not have the required criminal intent (mens rea), which may lead to the charges being dismissed or significantly reduced.
What Evidence is Used in Theft Cases?
Evidence used in Michigan theft cases primarily focuses on proving the defendant’s intent to steal. Common evidence includes surveillance footage (showing the concealment of goods or efforts to avoid payment), eyewitness testimony (from employees, security, or victims), and possession of the stolen items at the time of arrest. Additionally, documentary evidence like receipts, financial records, and appraisals are used to establish the value of the property, which dictates whether the charge is a misdemeanor or a felony.
Will a Theft Conviction Stay on My Record?
A theft conviction in Michigan stays on your public criminal record permanently unless it is successfully set aside (expunged) or handled through a special diversion program. Under Michigan’s “Clean Slate” laws, many misdemeanor and felony theft convictions are eligible to be expunged after a specified waiting period, removing the conviction from public background checks. Additionally, if the crime was committed between the ages of 18 and 26, you may be eligible for the Youthful Trainee Law, which can allow the case to be dismissed without a permanent conviction being entered upon successful completion of probation.
How Long Does a Theft Charge Take to Resolve?
The resolution time for a theft case in Michigan varies based on its severity, typically ranging from two months to over a year. Misdemeanor cases, which are handled in District Court, usually resolve faster, often within two to four months from arraignment to sentencing or a plea agreement. Felony theft cases take significantly longer, requiring a preliminary examination before being sent to Circuit Court, often taking six months to over a year to reach a final resolution, especially if the case is prepared for trial. The goal is not the quickest resolution, but the best possible outcome (like a charge reduction or dismissal), which requires time for a thorough investigation and negotiation. Talk with an experience attorney near you to get a better understanding of your specific situation and options.
Charged with theft? Contact us today.
Your initial consultation will always be free and confidential. Call (313) 818-3238 today or fill out the form below and we will help you.
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