New Law Allows Prosecutors to Charge Even Minor Theft as a Felony

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

HGN (Horizontal Nystagmus Gaze) Testing

If you have ever been pulled over and suspected of drinking and driving, you might know there are a series of tests officers administer prior to the BAC known as field sobriety testing. This can include walking heel to toe, saying the alphabet backwards, and or following an object with your eyes and not your head tests (HGN). While in the past I had thought this was only to see if you were able to directions, it turns out there is a biological reason behind the last test. If you have not been drinking (absent some major neurological disorders), your eyeball will pan across a landscape following object at a consistent pace. If you have been drinking though, it will jump from frame to frame across your field of vision. Think of it like the difference between a continuously variable transmission and stick gear shifting. As such, it is impossible to mask this biological reaction. On the other hand, the interpretation of this result is entirely up to the officer so there is very little way to independently confirm the officer’s findings. If you have gotten this far in the process though, there is probably other evidence that is sufficient to uphold your DUI absent extenuating circumstances. Very, very few DUI/OWI/OWVI/DWI offenses get overturned entirely. At this point, it is best for you to focus on minimizing the consequences through strong representation. An experienced attorney knows the ins and outs of metro Detroit courts, various judge’s proclivities, and can work to negotiate a lenient plea agreement and sentence for you.

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

Berkley Disorderly Conduct - garmokiste.com

http://www.garmokiste.com/ - You could be arrested for disorderly conduct and be in need of a Berkley disorderly conduct attorney if you are seen to be disturbing the peace. If this should happen to you, then do not hesitate to call up Garmo and Kiste! At Garmo and Kiste, your matter is important to us.  We will zealously represent you and work tirelessly to protect your rights. The solutions we offer are personally tailored to resolve your matter. For more information call us at: (248) 398-7100.

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http://www.garmokiste.com/attorney-legal-services/criminal-defense-attorney-troy-michigan/

At Garmo and Kiste, your matter is important to us.  We will zealously represent you and work tiressly to protect your rights.  Unlike many other law firms, we will not treat you as merely another case.  Rather, we offer the personalized care and attention you deserve.  The solutions we offer are personally tailored to resolve your matter. For more information call us at: (248) 398-7100.