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Why was my daughter charged with Larceny instead of Retail Fraud?

Westland, MI |

My Daughter (23) was in a Wal-Mart and was caught stealing from the store she had her son with her I don't think that matters just a detail, anyhow when I called the jail to find out her charges and bail they told me it was a larceny charge. I know it was at a Walmart because my ex husband went to pick up the baby before she went to jail. so my question is why Larceny instead of retail fraud? it was apparently 400.00$ worth of baby items. I' m not sure how she stole 400.00 in a diaper bag but that'
s what I was told

Attorney Answers 5

Posted

You need to hire an attorney, get the discovery, and fight for your daughter.
Perhaps the city ordinance may only include retail fraud 3rd degree, which involves goods less than $200. This could be why she was charged with larceny. However, it still seems like they are overcharging. Contact an attorney for your daughter. What city was she arrested in? I don't believe there is a Wal-Mart in Westland.

Contact me at 248-702-5303 for a free consultation. My answer to this question is for general informational purposes only and does not establish an attorney-client relationship. You should seek the assistance of an attorney to determine the best approach and potential consequences for your situation.

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4 comments

Asker

Posted

She was arrested in Dearborn...

Asker

Posted

I was under the impression that in Michigan it was at its highest $ 1000,00 and after that is a felony. NO?

Tracy Torni Gaudenzi

Tracy Torni Gaudenzi

Posted

Retail fraud 1st degree is a felony, and that involves $1000 and up. However, there are some prior convictions that when combined with a Retail Fraud second degree, the charge will be a felony as well.

Cy M. Abdo

Cy M. Abdo

Posted

It has not been covered, but do you mean that she was charged with "larceny in a building"? That would be a felony (Max of 4 years in prison). The prosecutor can charge larceny in a building when the facts and intent are more egregious than a mere shoplifting (retail fraud).

Posted

Larceny generally involves stealing from an individual or commercial business. Retail fraud involves stealing from a retail store, such as Wal-Mart. However, larceny can also be retail fraud if it occurs in a retail store. Retail fraud cannot be larceny, however, if it does not occur in a retail store. Why the distinction? Because in a retail setting, retail fraud involves more than simple "shoplifting," or leaving the store with goods that weren't paid for. It involves things like switching price stickers or taking an item off a shelf and trying to "return" it for cash.

Why larceny instead of retail fraud? Ask your daughter's attorney. If the actions fit both definitions, the prosecutor can charge her with either.

This answer is based on the limited information provided and is not to be relied on as legal advice. You should consult an attorney before taking any action that may affect your case or potential case. Furthermore, this response does not establish an attorney-client relationship between you and this attorney. Please contact this attorney directly to retain his services or for a free consultation.

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Posted

The Prosecutor has chosen to charge her under a more severe charge. Get an attorney as the prosecutor must charge under the more specific statute.

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1 comment

Asker

Posted

What kind thing would she have done to be brought up charges of Larceny instead of Retail fraud

Posted

I agree with the other quality answers. She should certainly seek local counsel for this kind of charge.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Please do not rely on brief answers without checking with an attorney in a confidential consultation.

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Posted

You need to hire an attorney for your daughter. The word "larceny" is used in the place of stealing so whoever you talked to might have just been trying to tell you that she was charged with a form of stealing. She probably was charged with Retail Fraud. She needs to hire an attorney for this case. Call one today.

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586-580-1942
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Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.

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