Retail Fraud Defense
Aggressive, Reputation Focused Defense Against Retail Theft Allegations
Police and prosecutors often treat retail fraud charges as “minor” offenses. In reality, they carry serious criminal, professional, and reputational consequences—especially in Southeast Michigan courts where retailers, loss prevention units, and prosecutors work closely together.
At Mumen Barlaskar Law Firm PLLC, we defend retail fraud cases with a precision-driven, reputation-protective strategy. These cases are frequently overcharged, based on assumptions, and procedurally flawed. When challenged correctly, many collapse before trial.
We represent clients accused of retail fraud in Wayne, Oakland, and Macomb Counties, including first-time offenders, professionals, students, and individuals who are wrongly accused.
Understanding Retail Fraud Under Michigan Law
Michigan retail fraud statutes criminalize the alleged theft or attempted theft of merchandise from a store. Prosecutors routinely inflate charges based on alleged dollar value—often relying on store estimates rather than proof.
Retail fraud charges generally fall into three categories:
- Retail Fraud – Third Degree (misdemeanor, lowest value)
- Retail Fraud – Second Degree (misdemeanor, enhanced penalties)
- Retail Fraud – First Degree (felony exposure)
The charge level alone can determine employment consequences, background-check results, and future expungement eligibility.
How Retail Fraud Cases Are Actually Built
Most retail fraud prosecutions rely almost entirely on loss prevention reports, not independent law enforcement investigation.
Typical prosecution evidence includes:
- Store surveillance footage (often incomplete or misleading)
- Statements allegedly made to store security
- Assumptions of intent based on movement or concealment
- Inflated merchandise valuations
- Pre-printed loss prevention affidavits
Police frequently adopt the store’s version of events without verification.
Penalties and Exposure for Retail Fraud Convictions
Depending on the charge level and prior history, penalties may include:
- Jail or probation
- Fines, costs, and restitution
- Community service
- Permanent criminal record
- Employment and licensing barriers
- Academic discipline for students
- Immigration consequences for non-citizens
Oakland County courts are particularly unforgiving in retail fraud cases involving repeat allegations or higher dollar amounts.
Civil Demand Letters and Store Penalties
In addition to criminal charges, retailers often pursue civil demand letters seeking monetary payment. These demands are separate from the criminal case and must be handled carefully.
Improper handling can:
- Harm your criminal defense
- Be interpreted as an admission
- Create unnecessary financial exposure
Legal guidance is critical before responding.
Common Prosecutor and Loss Prevention Tactics
Retail fraud cases rely on predictable tactics:
- Overcharging based on aggregated values
- Treating store security as neutral witnesses
- Assuming intent without proof
- Pressuring defendants into fast pleas
We dismantle these tactics by forcing proof, not assumptions.
How We Defend Retail Fraud Charges
Our defense strategy is built around early intervention and pressure. We focus on:
- Challenging intent to steal
- Disputing merchandise valuation
- Attacking surveillance reliability
- Suppressing unlawful detentions or statements
- Exposing loss prevention bias
- Seeking diversion, dismissal, or reduction
Early legal action often prevents formal charges altogether.
Immigration Consequences of Retail Fraud
For non-U.S. citizens, retail fraud convictions, even misdemeanors, can trigger:
- Immigration holds
- Deportation proceedings
- Inadmissibility
- Visa or green card denial
Defense strategy must be coordinated with immigration consequences in mind.
What To Do If You Are Accused or Charged with Retail Fraud
DO:
- Remain silent and request an attorney
- Preserve receipts, witnesses, and evidence
- Take civil demand letters seriously
DO NOT:
- Sign store statements
- Pay civil demands without advice
- Assume the charge is “minor.”
- Accept plea deals without review
Retail Fraud – Frequently Asked Questions
Yes. Many cases fail due to a lack of intent or unreliable evidence.
Yes. Theft-related convictions are heavily scrutinized.
Some outcomes allow expungement. Early strategy matters.
Not without legal advice. Payment can have unintended consequences.