Troy Retail Fraud Ordinance

Cases of retail fraud can be prosecuted by the city of Troy or the Oakland County Prosecutor’s office.  For a person arrested for misdemeanor retail fraud that does not have an extensive record, the likelihood is higher that the case will be handled by the city attorney for Troy Michigan.

Troy Michigan has a local law (also known as a local ordinance) that allows for the city attorney to prosecute certain crimes (including retail fraud).  Cases prosecuted by the city attorney for Troy Michigan are handled at the 52-4th Division District Court which is located at 520 W. Big Beaver Road in the city of Troy, Michigan.

Retail Fraud under the Troy Michigan ordinance (Troy ordinance number 98.08.02) carries a maximum possible punishment of 93 days in the Oakland County Jail and a fine of not more than five hundred dollars.  Jail is an option that the Judges have.  However, in many cases, jail can be avoided.

Probation is allowable for this type of offense.  Probation can be as long as 24 months and it can include fines, court costs, crime victims rights fees, State costs, probation supervision fees, probation reporting, drug and alcohol testing,  drug/alcohol rehabilitation, economic crime class, counseling, community service, no contact with the store where the offense allegedly occurred, no travel outside of Michigan, etc.  Any testing, program, or counseling that is ordered as a condition of bond or sentence are at the probationer’s expense.

For youthful offenders under 21 years the Judge can order HYTA probation (HYTA stands for the Holmes YouthFul Trainee Act) which allows the offense to be expunged from the offender’s public record.  Individuals convicted of retail fraud can also receive HYTA if they are under the age of 24 years and the city attorney for Troy and the Judge both allow for HYTA.

Any violation of the terms of probation can lead to jail and the revocation of HYTA status.

In Troy Michigan there are 3 possible ways of committing retail fraud:

  1. by stealing property from the store;
  2. by altering, changing, or otherwise misrepresenting the price of the item with the intent to pay less than the actual price of the item;
  3. doing a fraudulent return or exchange of merchandise.

Troy Michigan is aggressive in prosecuting retail fraud to protect the merchants.  Troy Michigan has a large tax base from Somerset Mall, Oakland Mall, Nordstrom Rack, Target, and other merchants.  By being aggressive with prosecutions Troy Michigan hopes to reduce retail fraud by deterring people from committing this crime.

Retail Fraud can also be prosecuted as a 93 day misdemeanor (Retail Fraud 3rd Degree), a 365 day misdemeanor (Retail Fraud 2nd Degree), Retail Fraud 1st Degree (a 4 year maximum felony), and Organized Retail Theft (a 4 year felony) in Troy Michigan by the Oakland County Prosecutor’s office.  The Oakland County Prosecutor’s office is also aggressive with prosecuting shoplifting related crimes for the same reason.

There are different policies and procedures from how the city of Troy and the Oakland County Prosecutor’s office handles retail fraud offenses.  These differences can affect the result you obtain.

For retail fraud offenses in the city of Troy Michigan it is recommended that you retain attorney Daniel Hilf for the following reasons:

  1. He has over 20 years of experience defending retail fraud allegations in Troy, Michigan.
  2. He is trial tested.  He has completed over 100 jury trials in his career, with many successful results.
  3. He is familiar with the manner that retail fraud cases are handled by the City of Troy and the Oakland County Prosecutor’s office, and will properly advise you as to your best course of action.
  4. His office is located within a half mile of the 52-4th Division District Court (Hilf & Hilf, PLC is located at 1775 W. Big Beaver Road in Troy, Michigan).  Needless to say, he appears for the Judges of the Court on a regular basis and is well respected by the Judges, the lawyers for the city of Troy, and the Oakland County Prosecutor’s office.
  5. He cares about his clients and the results that he achieves.  He will take the time to answer your questions and help you through the stress and difficulties of being charged with retail fraud.
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