Detroit Theft Lawyer

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.

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.

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.

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.

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.