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Retail Fraud and Possession Marijuana in Kent County Michigan
Charge: Shop Lifting
Court: Kent County
Client was charged with 2 Counts of shop lifting, which in Michigan is also called retail fraud in the first degree, (for property over $1000), as set forth in the Michigan Penal Code, Act 238 of 1931, MCL sec. 750.356c. These two felony charges were both punishable by up to five years, and;
Client was also charged with possession of a controlled substance (possession of Marijuana), pursuant to MCL sec. 333.7403. Client did not have and had not applied for a prescription to use medical marijuana, so there was no section 8 defense. Accordingly, this misdemeanor was punishable by up to one year.
After review of all the discovery, videos, and interviews, we were able to negotiate a dismissal of the possession of marijuana charge. We were able to do this even without the medical marijuana exception. We also were able to negotiation the dismissal of one of the retail fraud first degree charges.
We were able to pursuade court to agree to dismissal of final felony count as well, but way of the delayed sentencing statute, Michigan Compiled Laws sec. 771.1. Consequently, we were effectively able to have all charges dismissed!