Theft Charges

Michigan Theft Charges Attorneys

Michigan law has numerous theft and property crimes. In many cases, the same charge could be either a misdemeanor or a felony depending on the dollar amount involved. Generally, the prosecution must prove that property or money was taken with the intent to permanently deprive the owner of property. Some of the common types of theft crimes, which we have successfully defended, are discussed below.

Embezzlement. Embezzlement is a special type of theft crime where the accused is alleged to have had a relationship of trust with the victim. This is usually an employment situation where the employee is accused of misappropriating company funds for personal gain. There are four statutory levels of embezzlement, with the most serious being a felony punishable by up to ten years in prison.

Financial Transaction Devices. A financial transaction device (FTD) is usually a credit card or ATM card. There are a variety of charges available to the prosecution related to the use, possession, alteration, or theft of an FTD. There are numerous FTD charges, which range from misdemeanors punishable by 90 days in jail, to felonies punishable by up to years in prison.

Our Approach to Theft Defense

Sometimes pending charges can be dealt with civilly without involving the criminal justice system. It is always worthwhile to have your attorney attempt to negotiate civil restitution. Prosecutors will often refuse to prosecute once civil negotiations are underway. Our attorneys have handled many theft and embezzlement cases and are skilled at avoiding prosecution where possible.

It is necessary to move quickly to avoid prosecution since people who think they are defrauded tend to be impatient. If you are facing the possibility of theft or embezzlement charges, you should move quickly to retain skilled counsel. It is often possible to avoid jail even if charges are brought against you. This is especially true if we can negotiate a restitution plan acceptable to the victim.

It is not unusual for victims to claim a larger loss than can be proven. This situation can be difficult to deal with and requires experienced counsel. If not handled correctly, attempts to challenge the amount of loss can inflame prosecutors and victims. Our attorneys have handled many such cases and are available to assist you if you find yourself in this situation.

If You Have Been Charged With Theft or Embezzlement

Let's begin with the understanding that the police are not your friends and they are not there to help you. It is legal to for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Often, employers will attempt to question their employees about a loss or will have their corporate counsel do so. If you realize you are the target of an investigation by your employer, you should immediately retain counsel and have your attorney present during any questioning. Generally, constitutional rights do not apply in that situation; all of the information that you supply is likely to be turned over to the police. You should tell your employer that you may be willing to cooperate with their investigation, however you will not be able to talk to them until after you have consulted your attorney.
  
  
• Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.
  
  
• Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.
  
  
• Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
  
  
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint or photograph you, cooperate fully.
  
  
• Inform the officers that you wish to make a telephone call. Get an attorney quickly, if you call family or friends have them contact an attorney. Our criminal defense team is on call at all times of the day and night. You can reach us at 1-866-766-5245.
  
  
• Do not discuss your case with anyone other than your attorney. Jail house snitches have ruined numerous cases.
  
  
• Post bond as quickly as possible. If you are arraigned and asked how you plead, your response should be, "I stand mute."
  
  
• Do not waive any of your rights or your preliminary examination. In a felony case, a district court 'prelim' is required before the case can be moved to circuit court. This hearing is the first chance to make significant progress on your case, and should not be waived without consulting a skilled attorney. Once this chance for a preliminary examination is waived, it is gone forever.
  
  
• Finally, meet with your attorney as soon as possible. When you meet with an attorney from our criminal defense team, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

Contact us about your legal matter today!