Criminal Law

Arson

Arson of a Dwelling House is a Felony offense which is punishable by up to twenty years in prison. There are several types of charges associated with arson - Arson of Dwelling House is but one of them; the penalties associated with these charges varies.

Burning dwelling house—Any person who wilfully or maliciously burns any dwelling house, either occupied or unoccupied, or the contents thereof, whether owned by himself or another, or any building within the curtilage of such dwelling house, or the contents thereof, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years.

Burglary

Burglary is a felony and involves trespassing, or entering a building or remaining unlawfully with intent to commit any crime, not necessarily a felony or theft. A conviction for burglary may qualify as a conviction under a three strikes law or habitual criminal statute.

Criminal Assault

When people are charged with a crime they face the prospect of incarceration. Ultimately that can bring with it probation and parole, large fines, forced registration with law enforcement, and perhaps most damaging, a record that severely hinders even the most rehabilitated - sometimes for the rest of their lives.

What's worse is that the damage can extend even to the accused's family in many ways. Finally, where a crime has been perpetrated the accused must acknowledge the damage that may have been done to any innocent victim. While we don't claim the ability to undo harms already done, we are here to provide finest and most ethical legal defense you'll find anywhere.

We work with experienced Michigan Criminal Defense Attorney's in each state. We provide state and federal Michigan Criminal Defense Attorney referrals to individuals facing major crimes.

How the Law Center can help you:

Domestic Assault Case

If the authorities decide that your case involves "domestic Violence," all o the rules change. Domestic violence cases are harder to have dismissed, even if they are weak. Domestic cases are prosecuted even when the supposed "victim" recants, or asks the prosecutor to have the charges dismissed.

Why are these cases so difficult? The answer is simple: fear. Every person that comes into the contact with a domestic violence case (Police, prosecutor, and judge) fears that this case could be the "one-in-a-million" case.

What is the "one-in-a-million" case? It's a routine domestic incident in which the accused leaves the court, returns home, and murders the complaining witness. Such cases, no matter how rare and unpredictable, make sensational headlines.

The jude, the District Attorney, and the police will be blamed for the tragedy, because the public believes they could have prevented it. Careers are ruined as a result of such negative publicity. Judges are not promotes, prosecutors are not re-elected. So no matter how irrational it may be, fear of the "one-in-a-millions" case drives the system.

The police who respond to a domestic violence call are generally required by department rules to make an arrest. This policy exists because the police don't want to be blamed for the "one-in-a-millions" case by failing to arrest a person who five minutes later, murders his or her spouse.

The problem with this policy is that vast numbers of minor domestic squabbles get inserted into the criminal justice system. unfortunately, the courts aren't always perfect at dealing with family issues. But the police know that as long as they are next everyone possible, we will never see the newspapers proclaim "Police Release Murderer!"

It's no difference with the Prosecutor - he doesn't want to take the heat for the "one-in-a-million" case either. So the Prosecutor's office takes a "prosecute everyone" approach. At arraignments, Prosecutors usually request bail in domestic violence cases, regardless of the defendant's background. This is "passing the buck" to the Judge. lf the Judge decides to release a person without bail, then the newspapers cant blame the Prosecutor - its the Judge's fault!

Now this of course places the Judge in a tough position. Sometimes a Judge will give a Prosecutor exactly what he asks for. in other words, if the Prosecutor asks for $50,000. bail, the Judge will agree. This is actually an interesting was of attempting to deflect criticism. If the defendant makes bail and kills someone, the Judge can always say that he did exactly what the Prosecutor asked for, and that he assumed the Prosecution had properly evaluated the case (and the defendant) when requesting the bail. The judge can take the position that if the Prosecutor requested a higher bail, he would have granted it, and the tragedy would have never happened.

As you can see, everyone is passing the buck out of fear. That can make a domestic violence case much more difficult to defend.

So why hire Hathaway Law Center to defend you in a domestic Violence Case?

Because they have handled hundreds of these cases, and know the best antidote to fear is knowledge! There are ways to reduce fear, and to convince the Prosecutor or the Judge that they can dismiss or dispose of a given case without worry.

Hathaway law Centers' approach depends on the charges, the police report, the officers involved, and the specific Prosecutor and Judge, among other Factors. The law Center will take the time to talk to witnesses, visit the scene, and develop a trial strategy that can win. No two cases are identical, but you can depend on him to try his best to have your case dismissed. If dismissal is not possible, the Law Center stands ready to resolve your case by trial or negotiation, depending on the circumstances of your personal preference.

Drug Charges

Possession of Marijuana is a misdemeanor punishable by up to 1 year in jail and/or a $2,000 fine. License sanctions will also be imposed. “Use” only of Marijuana, however, is a misdemeanor punishable by up to 90 days in jail and/or a $100 fine, plus license sanctions.

The Michigan statute governing possession and use of marijuana is as follows:

MCL 333.7403. Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; discharge from lifetime probation.

(1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

(2) A person who violates this section as to:

(3) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) before the effective date of the amendatory act that added this subsection and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection.

Driving Under Influence (DUI)

DEFINITIONS:

"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

Administrative License Suspension/Revocation

The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing.

Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

Embezzlement

There are several varieties of embezzlement in Michigan. The penalties associated with these charges vary and they range from felonies to misdemeanors.

Embezzlement by agent, servant or employee, or trustee, bailee, or custodian; penalty; prima facie proof of intent; enhanced sentence based on prior convictions; consecutive sentence; conditions.

(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.

(2) If the money or personal property embezzled has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $20,000.00 or more but less than $50,000.00.

(b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(6) If the money or personal property embezzled has a value of $50,000.00 or more but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(7) If the money or personal property embezzled has a value of $100,000.00 or more, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(8) Except as otherwise provided in this subsection, the values of money or personal property embezzled in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property embezzled. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.

(9) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(10) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.

(11) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

(12) The court may order a term of imprisonment imposed for a felony violation of this section to be served consecutively to any term of imprisonment imposed for any other criminal offense if the victim of the violation of this section was any of the following:

(a) A nonprofit corporation or charitable organization under federal law or the laws of this state.

(b) A person 60 years of age or older.

(c) A vulnerable adult as defined in section 174a.

Fire Arms & Weapons

The penalty for a felony firearm conviction is a mandatory 2 years (or 5 years for second offense) imprisonment consecutive to, or served before, the term of imprisonment imposed for the underlying felony or attempted felony conviction. The crime is established when you carry or have in your possession a firearm at the time a felony is committed or attempted to be committed. A third party can be convicted of aiding and abetting a Felony Firearm charge, if the person procured, counseled, or assisted the accomplice in obtaining or retaining possession of the firearm.

The Michigan statute specifically states the following:

MCL 750.227b Carrying or possessing firearm when committing or attempting to commit felony; “law enforcement officer” defined.

(1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, section 227, 227a or 230, is guilty of a felony, and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be imprisoned for 10 years.

(2) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony, and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.

(3) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed pursuant to subsection (1).

(4) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties, and who is in the performance of those duties. As used in this subsection, “law enforcement officer” means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state, and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.

Fraud

If you have been charged with retail fraud, the prosecutor believes you have been engaged in the act of stealing merchandise (items offered for sale to the public) while the store is open for business, "price switching", or trying to get a fraudulent refund from a store. Retail Fraud is a theft crime (like larceny) requiring proof that the item was taken intentionally (not accidentally), with the intent to steal.

Michigan has three degrees of retail fraud:

1st Degree ($1,000 or more stolen; or 2nd Degree + prior conviction):
Felony; up to 5 years in prison and/or $10,000 fine (or 3x merchandise's value)

2nd Degree ($200 - under $1,000 stolen; or 3rd Degree + prior conviction):
Misdemeanor; up to 1 year in jail and/or $2,000 fine (or 3x merchandise's value)

3rd Degree (under $200 stolen):
Misdemeanor; up to 93 days in jail and/or $500 fine (or 3x merchandise's value)

In addition to criminal penalties, a shoplifter may also be subject to civil penalties demanded by the store, including the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

The Michigan statutes prohibiting retail fraud is as follows:
Retail fraud in first degree

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the first degree, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

1. While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is $1,000.00 or more.
2. While a store is open to the public, steals property of the store that is offered for sale at a price of $1,000.00 or more.
3. With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money or the value of the property obtained or attempted to be obtained is $1,000.00 or more.

(2) A person who violates section 356d(1) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section or section 218, 356, 356d(1), or 360 is guilty of retail fraud in the first degree. For purposes of this subsection, however, a prior conviction does not include a conviction for a violation or attempted violation of section 218(2) or (3)(b) or section 356(4)(b) or (5).

(3) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

(4) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

1. A copy of the judgment of conviction.
2. A transcript of a prior trial, plea-taking, or sentencing.
3. Information contained in a presentence report.
4. The defendant's statement.

(5) A person who commits retail fraud in the first degree shall not be prosecuted under section 218(5) or 356(2).

(6) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
Retail fraud in second degree

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the second degree, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

1. While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200.00 or more but less than $1,000.00.
2. While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.
3. With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.

(2) A person who violates subsection (4) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section, section 218, 356, 356c, or 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c, or 360 is guilty of retail fraud in the second degree.

(3) A person who commits retail fraud in the second degree shall not be prosecuted under section 360.

(4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

1. While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.
2. While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.
3. With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

(5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.

(6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

(7) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

1. A copy of the judgment of conviction.
2. A transcript of a prior trial, plea-taking, or sentencing.
3. Information contained in a presentence report.
4. The defendant's statement.

The civil penalty statute for retail fraud

600.2953 Retail fraud; liability; civil damages; demand for payment; text; noncompliance; effect of payment; jurisdiction; civil action against parent; formal police report; violation by merchant precluding recovery.

(1) In addition to applicable penal sanctions, a person who commits an act for which he or she could be charged with retail fraud in the first, second, or third degree under sections 356c and 356d of the Michigan penal code, 1931 PA 328, MCL 750.356c and 750.356d, is liable to the merchant who is the victim of the act for the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

(2) The merchant who is the victim of retail fraud in the first, second, or third degree, or an agent of the merchant, may make a written demand for payment of the amount for which the person who committed the act is liable under subsection (1). Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that the person committed the act and shall approve the accusation in writing before a written demand for payment is issued. The demand for payment may be delivered to the person from whom payment is demanded by first-class mail. The text of the written demand shall be as follows:

“We have cause to believe that on (date) you, or your minor child (child's name), committed retail fraud in the first, second, or third degree by (description of action and property involved) in our store or in its immediate vicinity.
State law authorizes us to demand in writing that you do all of the following, as applicable:
[ ] Return the property in salable condition or pay to us $ ______, which represents the full retail price or the remaining balance of the full retail price of the property.
[ ] Pay to us $ ______, which represents the full retail price of the recovered property that is not in salable condition.
[ ] Pay to us civil damages in an amount equal to 10 times the retail price of the property involved, but not less than $50.00 or more than $200.00, equaling a total amount of $ ______.
This notice is a formal demand for return of the property involved, if applicable, and the payment of the amounts indicated above, equaling a total amount of $ ______. If you return any unrecovered property and pay the amounts indicated above to us within 30 days after the date this notice was mailed, we will not take any further civil action against you.
You are not required to respond to this demand if you believe that you or your minor child are not guilty of committing retail fraud or if you choose not to respond. If you fail to comply with this demand, we will be authorized by state law to bring a civil action against you to determine your legal responsibility for the return of any unrecovered property and the payment of the amounts indicated above plus the cost of the action, including reasonable attorney fees.
These civil proceedings do not prevent criminal prosecution for the alleged act of retail fraud.”.

(3) If the person to whom a written demand is made under subsection (2) complies with the written demand within 30 days after the date the written demand is mailed, that person shall incur no further civil liability to the merchant from the act of retail fraud.

(4) A person who commits an act described in subsection (1) and who fails to comply with a written demand under subsection (2) is liable to the merchant for the full retail price of the property, unless the property was recovered in salable condition, plus civil damages of 10 times the retail price of the property but not less than $50.00 or more than $200.00, and costs of the action, including reasonable attorney fees.

(5) If a civil action is filed pursuant to this section and before the trial of the action is commenced the person to whom a written demand was made under subsection (2) pays the merchant in cash the amount demanded, subsection (4) does not apply.

(6) An action under this section may be brought in the small claims division of the district court or in any other court of competent jurisdiction. If the amount demanded exceeds the jurisdiction of the small claims division, the action may still be brought in the small claims division, but the amount recovered shall not exceed the jurisdiction of the small claims division.

(7) A merchant may recover damages in an amount allowable under this section in a civil action in a court of competent jurisdiction against the parent or parents of an unemancipated minor who lives with his or her parent or parents and who commits an act described in subsection (1).

(8) A merchant may recover the amount for which a person is civilly liable under this section only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place, which report sets forth facts alleging that the person has committed retail fraud in the first, second, or third degree or violated a local ordinance substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal code, 1931 PA 328, MCL 750.218, 750.356, 750.356c, and 750.356d, regardless of the outcome of any criminal action.

(9) Notwithstanding any other provision of this section, a merchant shall not recover civil damages for an act of retail fraud in the first, second, or third degree with regard to a particular item of property if the merchant violated section 3 of 1976 PA 449, MCL 445.353, with regard to that item of property and the violation was not caused by the person who committed the act of retail fraud.

Kidnapping

The prosecutor who has charged you with kidnapping believes that you have unlawfully taken and carried away or confined a person by force and against his/her will. The penalty for kidnapping is: Felony; up to Life or any term of years in prison.
Parental Kidnapping is different!

Parental Kidnapping occurs when a natural or adoptive parent takes or retains a child for more than 24 hours with intent to detain or conceal the child from the parent who has legal custody or visitation rights at the time, or from the person who adopted the child, or from the person who had lawful charge of the child. The penalty is: Felony; up to 366 days incarceration and/or $2,000 fine.

If you have been charged with Parental Kidnapping, you should be aware that you may raise an affirmative defense that you took the child to protect the child from an immediate and actual threat of physical or mental harm, abuse or neglect.

The Michigan statute on kidnapping states the following:

MCL 750.349 Kidnapping.

Confining person against will, etc.—Any person who willfully, maliciously and without lawful authority shall forcibly or secretly confine or imprison any other person within this state against his will, or shall forcibly carry or send such person out of this state, or shall forcibly seize or confine, or shall inveigle or kidnap any other person with intent to extort money or other valuable thing thereby or with intent either to cause such person to be secretly confined or imprisoned in this state against his will, or in any way held to service against his will, shall be guilty of a felony, punishable by imprisonment in the state prison for life or for any term of years.

Every offense mentioned in this section may be tried either in the county in which the same may have been committed or in any county in or through which the person so seized, taken, inveigled, kidnapped or whose services shall be sold or transferred, shall have been taken, confined, held, carried or brought; and upon the trial of any such offense, the consent thereto of the person, so taken, inveigled, kidnapped or confined, shall not be a defense, unless it shall be made satisfactorily to appear to the jury that such consent was not obtained by fraud nor extorted by duress or by threats.