Michigan Theft Lawyer

Retail fraud is the most common theft charge we see at Monument Legal. Michigan divides retail fraud into three degrees based on the value of merchandise and whether it’s a first or subsequent offense. First-degree retail fraud involves merchandise worth $1,000 or more (or $200 or more with a prior conviction) and is a felony punishable by up to five years in prison. Second-degree retail fraud covers merchandise valued between $200 and $1,000 (or under $200 with a prior conviction) and carries up to one year in jail. Third-degree retail fraud involves merchandise under $200 for a first offense and is a 93-day misdemeanor.

We defend clients against retail fraud charges throughout mid-Michigan, from cases involving major retailers in Lansing malls to small local businesses. Common defense strategies include challenging the store’s evidence of value, questioning whether you actually left the store premises with unpaid merchandise, examining whether loss prevention personnel followed proper procedures, and demonstrating lack of intent to steal. Under Michigan’s expanded expungement laws (MCL 780.621), most retail fraud misdemeanors, such as Retail Fraud 2nd or 3rd degree, are now eligible for expungement regardless of how many other minor offenses appear on your record. Michigan’s “Clean Slate” reforms enacted in 2021 and 2023 eliminated the strict “one felony or two misdemeanors” rule, meaning there is now no limit on the number of non-serious misdemeanors that can be set aside, and up to three felonies can be expunged in a lifetime. For first-time offenders, we often negotiate for dismissals, delayed sentences under special provisions, or diversion programs that keep your record clean.

Larceny is the legal term for taking someone else’s property without permission with the intent to permanently deprive them of it. Michigan law recognizes various forms of larceny, including larceny in a building, larceny from a motor vehicle, and larceny by conversion. Under MCL 750.356, the threshold for felony larceny is generally $1,000. However, certain types of theft are classified as felonies regardless of the value of property taken. Larceny from a building (such as a store or office) and larceny from a motor vehicle are both felonies under Michigan law even if the stolen item is worth only a few dollars. This means you could face felony charges for taking a $5 item if it was stolen from inside a building or from a vehicle. Larceny from vulnerable adults or larceny while committing another crime carries enhanced penalties.

Our defense approach in larceny cases focuses on several key areas. We challenge the alleged value of property, as prosecutors often inflate values to reach felony thresholds. We examine whether you had a legitimate claim of right to the property, which negates the intent element required for conviction. We investigate the circumstances surrounding how the property came into your possession. In cases involving larceny by conversion, we explore whether you received the property lawfully but later failed to return it, which may present alternative resolution options.

Embezzlement charges arise when someone allegedly takes money or property entrusted to them by an employer, organization, or individual. These cases are serious felonies in Michigan when the value exceeds certain thresholds, and they carry significant prison exposure. Embezzlement charges often result from complex financial investigations involving accounting records, bank statements, and forensic analysis.

Defending embezzlement cases requires thorough examination of financial documentation, understanding of business practices, and often the involvement of forensic accountants. We challenge the prosecution’s calculations, examine whether proper accounting procedures were followed, investigate whether you had authorization for the transactions in question, and explore whether errors or misunderstandings explain the alleged discrepancies. Civil restitution arrangements can sometimes result in reduced criminal charges or alternative sentencing.

You can be charged with receiving stolen property even if you had nothing to do with the original theft. The prosecution must prove you knew or had reason to know the property was stolen when you received it. This charge commonly arises from pawn shop transactions, online marketplace purchases, or situations where someone gives you property without explaining where it came from.

Defenses focus heavily on your knowledge and intent. Did you have any reason to believe the property was stolen? Was the price you paid reasonable for the item? What did the person who gave you the property tell you about its origin? We examine the circumstances of how you acquired the property and challenge the prosecution’s evidence about your state of mind. In many cases, innocent people end up charged with this offense when they legitimately believed they were engaging in a lawful transaction.

Taking a motor vehicle without the owner’s permission is a serious felony in Michigan, even if you planned to return it. Unauthorized driving away of an automobile (UDAA) carries up to five years in prison for a first offense. Related charges include unlawful use of a motor vehicle and joyriding. These cases often involve complex factual scenarios where the question of permission becomes central to the defense.

We defend clients accused of motor vehicle theft by examining the nature of your relationship with the vehicle owner, investigating what permissions or understandings existed regarding vehicle use, and challenging the prosecution’s evidence about intent. Cases involving borrowed vehicles, shared vehicles among family members, or miscommunication about permission often present strong defenses. We also handle cases involving rental vehicles where clients are accused of failing to return vehicles according to rental agreements.

Identity theft and fraudulent use of financial information has become increasingly common in Michigan criminal courts. These charges often involve allegations of using someone else’s credit card information, creating false identification documents, or accessing financial accounts without authorization. Prosecutors frequently pursue these cases aggressively, particularly when they involve multiple victims or sophisticated schemes.

Defending internet and identity theft cases requires technical knowledge about computer forensics, financial transactions, and digital evidence. We challenge the prosecution’s ability to prove you were the person who actually committed the alleged acts, examine the digital evidence collection process for constitutional violations, and investigate alternative explanations for how your identity or devices may have been associated with the crimes. These cases also frequently involve federal jurisdiction questions that our team is equipped to handle.

We immediately begin investigating your case independently. This includes obtaining video surveillance footage before it’s deleted, interviewing witnesses before memories fade, photographing relevant locations, and gathering documentation that supports your version of events. We examine police reports for inconsistencies and errors. We identify evidence the prosecution may not have discovered or may be trying to hide. Time is critical because evidence disappears quickly, and early investigation often uncovers facts that lead to dismissals or significantly reduced charges.

We scrutinize every piece of evidence the prosecution plans to use against you. How was it obtained? Did police have proper legal authority? Were your constitutional rights violated during search and seizure? Is witness testimony reliable and consistent? Can the prosecution actually prove the value of allegedly stolen property? We file motions to suppress illegally obtained evidence and challenge weak or questionable proof at every stage of the proceedings.

Many theft arrests involve violations of Fourth Amendment rights against unreasonable searches and Fifth Amendment rights against self-incrimination. If police searched you, your vehicle, or your home without proper legal justification, we can get that evidence thrown out. If police questioned you after you invoked your right to counsel or without proper Miranda warnings, those statements can be suppressed. Constitutional violations often lead to complete dismissals of charges.

If your case goes to trial, we’re prepared to fight aggressively before a judge or jury. We challenge the prosecution’s burden of proof, cross-examine their witnesses effectively, present defense witnesses and evidence, and deliver persuasive arguments about reasonable doubt. Our team has extensive trial experience. We don’t recommend trials lightly, but when trial is the best strategic option, we’re ready to defend you with everything we have.

Penalties include up to 93 days in jail, fines up to $500, and potential probation. Second-degree retail fraud carries up to one year in jail and fines up to $2,000. First-degree retail fraud is a felony with potential prison sentences up to five years and fines reaching $10,000 or three times the value of stolen merchandise.

Larceny penalties similarly depend on property value. Larceny of property worth less than $200 is a 93-day misdemeanor. Property valued between $200 and $1,000 carries up to one year in jail. Larceny of property worth $1,000 to $20,000 is punishable by up to five years in prison. Property valued over $20,000 can result in ten years in prison.

Beyond jail time and fines, theft convictions carry collateral consequences that can affect your life for years. A theft conviction appears on background checks run by employers, landlords, and educational institutions. Many employers have policies against hiring people with theft convictions, particularly for positions involving money, inventory, or access to customer information. Professional licensing boards may suspend or revoke licenses for nurses, teachers, accountants, and other professionals convicted of theft offenses.

Probation conditions for theft offenses typically include regular reporting to a probation officer, random drug testing, community service, theft prevention classes, and restitution to victims. Violating probation can result in the original sentence being imposed, meaning jail or prison time you initially avoided. Immigration consequences can also result from theft convictions, including deportation for non-citizens and denial of naturalization applications.

For first-time offenders, Michigan law provides several alternatives to conviction that can keep your record clean. These include delayed sentences under specific provisions, diversion programs, and agreements that result in dismissal after successful completion of probation terms. An experienced theft attorney in Michigan knows how to position your case to take advantage of these alternatives.

Michigan’s theft statutes are found primarily in the Michigan Penal Code. The retail fraud statute covers theft from retail establishments and includes specific provisions about concealing merchandise, altering price tags, and transferring merchandise between containers. The general larceny statute prohibits taking someone else’s property without permission with intent to permanently deprive them of it.

Successful defenses against theft charges often focus on disproving one or more elements the prosecution must establish beyond reasonable doubt. Intent is frequently the key element we challenge. Did you actually intend to permanently deprive the owner of their property? Perhaps you forgot to pay for an item, or you intended to return borrowed property but circumstances prevented you from doing so. Honest mistakes and misunderstandings can result in theft charges, but they provide strong defenses when properly presented.

Claim of right is another important defense. If you genuinely believed you had a legal right to the property in question, you lacked the criminal intent necessary for a theft conviction. This defense commonly arises in disputes between family members, roommates, business partners, or people ending romantic relationships. The property may have value, but if you reasonably believed it belonged to you or you had permission to take it, you haven’t committed theft under Michigan law.

Constitutional defenses can be powerful in theft cases. If police conducted an illegal search of your person, vehicle, or home, any evidence discovered during that search can be suppressed. If police questioned you without proper Miranda warnings or after you invoked your right to counsel, your statements cannot be used against you. If police lacked probable cause to arrest you in the first place, the entire case may be dismissed.

Challenging the prosecution’s evidence is fundamental to theft defense. Can they actually prove the value of allegedly stolen property? Is their witness identification reliable? Does video surveillance actually show what they claim it shows? Are there gaps in the chain of custody for physical evidence? Does their theory of the case make logical sense? Our Michigan theft and burglary attorney team examines every aspect of the prosecution’s case looking for weaknesses, inconsistencies, and reasonable doubt.

This is perhaps your most important protection. Anything you say to police can and will be used against you in court, even statements you think are helpful to your case. Police are trained in interrogation techniques designed to get you talking and making admissions. They may tell you that cooperating will help you, that they just want to hear your side, or that things will go easier if you explain what happened. Do not fall for these tactics. Politely tell officers you’re invoking your right to remain silent and want to speak with your attorney.

Once you request a lawyer, police must stop questioning you. Do not let officers talk you out of exercising this right. It doesn’t make you look guilty to ask for an attorney; it makes you look smart. Call Monument Legal immediately at any stage of a theft investigation or after an arrest.

If police ask to search your vehicle, your home, your phone, or your belongings, you can say no. Consenting to a search waives important constitutional protections. If police have a valid search warrant, they don’t need your consent, but you should never volunteer permission to search. Clearly state that you do not consent to any searches.

Police must have reasonable suspicion to detain you and probable cause to arrest you. You can ask officers why you’re being stopped or arrested, though they may not give you a complete answer in the moment. Remain calm and respectful even if you believe the stop or arrest is unlawful. Your attorney can challenge the legality later in court.

No, never give statements to police without your attorney present.

Exercise your Fifth Amendment right to remain silent and immediately request to speak with a theft lawyer. Police questioning is designed to build their case against you, not to help you. Even if you’re innocent and think explaining the situation will clear things up, statements you make can be misinterpreted, taken out of context, or used in ways you didn’t anticipate.

Protect yourself by staying silent until we can advise you on the best approach. Nothing you say to police before consulting an attorney will help your case, but plenty can hurt it.

Whether you face jail time depends on several factors including the severity of the charge, the value of property involved, your criminal history, and the strength of your defense.

First-time offenders charged with misdemeanor theft often avoid jail through probation, diversion programs, or delayed sentences. Felony theft charges carry the possibility of prison time, but many cases result in probation or reduced charges that don’t involve incarceration.

With an experienced Lansing theft attorney advocating for you from the start, we work to achieve outcomes that avoid jail time whenever possible. The key is getting legal representation immediately so we can position your case for the best possible resolution.

Misdemeanor theft cases in the Lansing area typically resolve within two to four months from the date of arraignment.

Felony cases generally take longer, often six months to over a year, because they involve preliminary examinations, additional motion practice, and more complex negotiations with prosecutors.

However, these timelines vary significantly based on court schedules, the complexity of your case, and whether you proceed to trial or negotiate a plea agreement. Some cases resolve very quickly if we can secure a dismissal through early motion practice or negotiate a favorable plea at the first pretrial conference. We work efficiently to move your case toward resolution while ensuring we don’t rush into a bad outcome.

Yes, many theft cases result in dismissed or reduced charges, especially when you have strong legal representation from the beginning. Dismissals commonly occur when we successfully challenge constitutional violations, demonstrate insufficient evidence, or negotiate pretrial agreements where charges are dismissed after completing certain conditions. Charge reductions happen frequently when we negotiate felonies down to misdemeanors or higher-level misdemeanors down to lower-level offenses. First-time offenders have particularly good prospects for favorable outcomes including diversion programs that result in no conviction on your record. The specific possibilities in your case depend on the facts, the evidence, and the quality of your defense strategy.

Your first court appearance is the arraignment, which typically occurs within 72 hours if you were arrested and held in custody, or several weeks after charges are filed if you weren’t arrested.

At the arraignment, the judge informs you of the charges against you, explains your rights, and sets bond conditions if you’re in custody or modifies existing bond if you’ve already been released. You’ll enter a plea of guilty, not guilty, or stand mute (which the court treats as not guilty).

In misdemeanor cases, the judge may also schedule your pretrial conference. Having a theft attorney Lansing trusts at your arraignment is valuable because we can argue for lower bond amounts, reasonable bond conditions, and can often begin negotiations with the prosecutor immediately.

Yes, a theft conviction results in a permanent criminal record that appears on background checks run by employers, landlords, schools, and licensing boards.

This record can severely impact your ability to find employment, secure housing, maintain professional licenses, and pursue educational opportunities. However, you may have options to avoid a conviction even after being charged. Delayed sentences, diversion programs, and certain plea agreements can result in dismissals that leave you with no conviction on your record. Additionally, some theft convictions may be eligible for expungement (removal from your public record) after waiting periods.

Protecting you from getting a conviction in the first place is always our primary goal, which is why early intervention by an experienced Michigan theft lawyer is so important.

Absolutely not until you’ve consulted with a criminal defense attorney and thoroughly explored all your options.

Many people charged with theft assume they have no defense and plead guilty at their first court appearance, not realizing that charges could have been dismissed, reduced, or resolved through alternative programs that avoid conviction. Even if the evidence against you seems strong, an experienced theft offenses attorney Michigan residents trust can often identify defenses you weren’t aware of, negotiate better resolutions than you’d get on your own, or secure alternative sentencing arrangements that minimize consequences.

Pleading guilty without counsel means giving up important rights and opportunities you may not get back. Contact Monument Legal before making any decisions about your case.

Yes, even for misdemeanor retail fraud charges that seem minor, having a theft lawyer Michigan courts respect can make a significant difference in the outcome of your case and your future.

A shoplifting conviction creates a permanent criminal record that signals dishonesty to future employers and can disqualify you from many jobs. Retail fraud charges are very defensible with proper legal representation. We frequently secure dismissals, delayed sentences, or alternative resolutions that keep your record clean for first-time offenders. Store security personnel make mistakes, videos don’t always show what prosecutors claim, and intent can be challenged in many cases.

Don’t risk your future by handling a theft charge without experienced legal representation.

Remain calm and polite, but remember you have rights.

Do not resist or argue with security personnel, but you’re not required to answer their questions or make statements about what happened. Store security may ask you to return to the store, search your belongings, or wait for police. You generally don’t have to consent to searches of your belongings, but the situation can be complex depending on the specific circumstances.

If police are called, you have the right to remain silent and request an attorney. Contact Monument Legal immediately after any shoplifting accusation, whether or not you were arrested, because sometimes stores pursue criminal charges even when they don’t detain you at the scene.

Yes, theft convictions can have serious immigration consequences including deportation, denial of naturalization applications, and ineligibility for certain immigration benefits.

Not all theft convictions trigger immigration consequences, but many do, particularly those classified as crimes involving moral turpitude or aggravated felonies under immigration law. If you’re not a U.S. citizen and you’re facing theft charges in Michigan, it’s critical that your criminal defense attorney understands immigration consequences and structures your defense to minimize these risks.

We work with immigration specialists when necessary to ensure we protect both your criminal case and your immigration status.