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Organized Retail Crime Act: New Law Allows Prosecutors to Charge Even Minor Theft as a Felony

retail fraudOrganized Retail Crime Act:

Effective March 31, 2013 prosecutors can charge you for felony retail fraud under the new “Organized Retail Crime Act.” Previously, a retail fraud, commonly known as shoplifting, must have involved merchandise valued at over $1000.00 to qualify as a felony. The new act is somewhat of a misnomer as it does not require you to act in conjunction with another person. Even if you act alone and steal something small like chap stick or a DVD can get you charged with a felony. The following activities constitute the new offense of “Organized retail crime:”

(a) Knowingly commits an organized retail crime.

(b) Organizes, supervises, finances, or otherwise manages or assists another person in committing an organized retail crime.

(c) Removes, destroys, deactivates, or knowingly evades any component of an antishoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing an organized retail crime.

(d) Conspires with another person to commit an organized retail crime.

(e) Receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise to be stolen from a retail merchant.

(f) Uses any artifice, instrument, container, device, or other article to facilitate the commission of an organized retail crime act.

(g) Knowingly causes a fire exit alarm to sound or otherwise activate, or deactivates or prevents a fire exit alarm from sounding, in the commission of an organized retail crime or to facilitate the commission of an organized retail crime by another person.

(h) Knowingly purchases a wireless telecommunication device using fraudulent credit, knowingly procures a wireless telecommunications service agreement with the intent to defraud another person or to breach that agreement, or uses another person to obtain a wireless telecommunications service agreement with the intent to defraud another person or to breach that agreement.

If you or someone you know is charged with a retail fraud or organized retail crime, it is necessary to act fast with an experienced advocate to limit the effect of these charges. To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0455.pdf

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Charged w/ Larceny of Property, need a Larceny of Property Attorney?

Charged w/ Larceny of Property, need a Larceny of Property Attorney?

Charged w/ Larceny of Property, need a Larceny of Property Attorney? Larceny is legalese for theft that does not meet any more specific type of theft. In Michigan, the crime of larceny is described in MCL 750.356. Depending on the value of the goods stolen, and the number of prior convictions a larceny can be either a misdemeanor or a felony carrying heavy court fees, restitution, and jail time. If you or someone you love has been charged with larceny it is important to hire an experienced criminal lawyer right away. We can make sure your rights are protected and negotiate with the prosecutor assigned to your case in order to attempt to reduce, modify, or even dismiss the charges. In some cases if you are eligible we can work to get you sentenced pursuant to a diversionary program so that after a period of probation and good behavior, your record will be clean. This is important because when it comes to looking for a job or a new apartment even if you have the same qualifications as another candidate, if you have a criminal record it makes you less desirable to employers and landlords. This is one of those cases where investing in a good attorney is an investment in your future.

To retain Garmo & Kiste on these or other matters, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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Aggravated Felony Conviction Michigan Immigration Attorney

Aggravated Felony Conviction Michigan Immigration Attorney

Another category of offense that can have serious ramifications for your immigration status is an aggravated felony. An aggravated felony is a crime for which you may be imprisoned for a term of more than one year. The categories of crimes included have been expanded several times over the past few years through federal legislation. If convicted of an aggravated felony and you are not a citizen, depending on your status you may not receive asylum, become a citizen, or enter the United States among other immigration problems. In order to avoid these results it is critical that you hire an experienced attorney to negotiate the charges.

A felony charge may be negotiated down to two misdemeanors, or to a felony that is not considered “aggravated” for the purposes of immigration. In the past we have been able to work out a plea agreement for our clients with the effect of preserving their immigration status and eligibility. As experienced Metro Detroit Attorneys we have built relationships with the local Prosecutors and/or City Attorneys who will be assigned to your case. The attorneys of Garmo & Kiste, PLC have been able to negotiate for clients in the past to get the charges reduced, modified, or even dismissed.

Need an Aggravated Felony Conviction Michigan Immigration Attorney? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.