Attorney Davis fought for his client and negotiated all the charges down. Everything will be kept off her record due to HYTA (Holmes Young Trainee Act).

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post 23-Year-Old Receives HYTA in Criminal Case appeared first on Drias Law Group, PLLC.

Mail theft is a federal crime, but the United States Attorney’s office rarely prosecutes package theft, because it focuses primarily on bigger cases. So, the Michigan state government is tackling the problem. The new penalties will go into effect if the House of Representatives approves the legislation, and if the governor signs it into law.

If you or a loved one is facing criminal charges for larceny, a Detroit criminal defense lawyer can help. Call Drias Law Group today at (313) 944-0236 or use our online contact form for a free and confidential consultation.

Michigan Legislature Makes Bipartisan Effort to Increase Theft Penalties

It’s rare for both parties to agree on legislation – especially when it concerns an increase in criminal penalties. In this case, proponents of the penalty increase had to compromise to gain wider support for their policy. Initially, the legislation introduced by Republican State Senator Pete Lucido would have made a first offense of package theft a felony. But the version passed by the senate describes a first offense as a misdemeanor, which is a less serious category of crime.

If adopted, Senate Bills 23 and 24 would put in place the following penalties for mail theft:

• First offense – Misdemeanor punishable by up to one year and jail and/or a $500 fine
• Second offense – Felony involving up to five years in prison and/or $1,000 in fines
• Third offense – Felony punishable by up to 10 years in prison and along with possible fines of $2,000.

According to Senator Jim Runestead, another Republican sponsor of the bills, these increased penalties will “put some teeth” into the state’s mail theft laws, and give prosecutors better tools to deal with offenders.

Under current law, prosecutors can charge people with stealing mail if they use the credit cards or cash the checks that they steal. But when it comes to stealing packages, it can be difficult to prove that the victim’s incurred a financial loss, and thus to prosecute suspects. According to Wayne County state prosecutor Dennis Doherty: “We didn’t have a statute to prosecute them, and it’s almost hard to believe.”

A Detroit Criminal Defense Lawyer Can Help

If the new laws go into effect, suspects will benefit from two affirmative defenses. An affirmative defense is a legal strategy in which your legal defense team admits that you took the mail, but that you were justified in doing so. In this case, Senate Bills 23 and 24 give you the ability to avoid criminal liability if you can establish that you took or moved the mail with permission, or that you did so in order to prevent a crime. Additionally, your lawyer can fight against your mail charges by showing that there is a reasonable doubt as to whether you committed the offense.

At the Drias Law Group, we stand ready to defend your rights at every stage of the criminal justice process. We will explore every avenue for the defense of your case, and advocate forcefully on your behalf to obtain a good case outcome. Do not plead guilty to larceny charges before you have consulted with an experienced criminal defense lawyer. If you’ve been accused of theft, call us today at (313) 944-0236 or use our online contact form to reach out for a free consultation.

The post New Law May Increase Penalties for Stealing Packages in MI appeared first on Drias Law Group, PLLC.

Embezzlement is a form a theft, a crime that comes in a variety of forms. If you’ve been accused of theft in Michigan, there are a few defenses that may be available to you. A Detroit theft attorney will be able to see how the law applies to your specific situation.

Our team at Drias Law Group has experience with theft law and can answer any questions you may have. Theft crimes can carry lengthy prison sentences and hefty fines, so you don’t want to delay. Set up a free consultation with an embezzlement layer by calling us at (313) 944-0236 today.

What is Embezzlement Under Michigan Law?

The Michigan Penal Code defines embezzlement as taking or disposing of property or money that’s not yours, while you’re in a position of authority or control over that money or property. Embezzlement can be a misdemeanor or a felony in Michigan; it depends on the value or amount of what you stole.

Amount Embezzled Could Lead to 20 Years in Prison

In total, Pruden-Rivera is accused of stealing approximately $400,000 from her son. While the house she purchased in his estate’s name cost around $240,000, no one can tell where the rest of the settlement is. Deputy Sheriff Adam Simon says that nobody in the police department can get Pruden-Rivera to speak to them regarding the money. She faces one count of embezzling $100,000. This is a felony under the MPC and carries a maximum of 20 years in prison. Also, Pruden-Rivera could be fined as much as three times the worth of what she embezzled.

Embezzled Money Part of Medical Fund For Son’s Birth Defects

Pruden-Rivera and her husband, Higinio Rivera, sued the hospital where their son was born after he suffered seizures following his birth. The hospital, on an Army base in Fort Hood, Texas, eventually settled with the Riveras. The money they won under the settlement was supposed to be deposited into a special account and used only for their son’s medical care.

Pruden-Rivera was named the executor of this account. She was given instructions by the court to only spend the money in ways that benefitted her son. Instead, she did not even deposit the money into a restricted account, spending it as if it belonged to her. According to the court’s records from the case, Pruden-Rivera spent the money on vehicles, loaned it out to others, and engaged in “wild personal spending.”

Estranged Husband Also Sued in Embezzlement Case

Pruden Rivera and her husband are currently separated. Courts records indicate that Higinio Rivera is filing for divorce. This did not prevent him from being sued along with Pruden-Rivera. While he has not been charged with a crime, Rivera was aware of his wife’s embezzlement. He also accepted approximately $93,000 in checks from her.

Charged With Theft? An Experienced Lawyer at Drias Law Group Can Help

There are many different levels of theft. The potential punishment you face for a theft charge depends mainly on which classification of theft you’re charged with. That classification will be decided based on the unique circumstances of your situation.

If you’re facing theft charges in Michigan, contact Drias Law Group to speak with a skilled theft lawyer. Theft cases can turn at any instant, and you’ll want a knowledgeable embezzlement attorney to make sure it turns in your favor. Contact us today at (313) 944-0236 for a free consultation.

The post Michigan Mother Facing Charges for Embezzling from Her Son’s Estate appeared first on Drias Law Group, PLLC.

If you already have a criminal record and you are seeking a job, you do have certain legal rights. State and federal laws impose limits on how employers can use criminal records in making a decision to hire or not hire a candidate. In Michigan, the law protects job applicants who have misdemeanor arrests on their record, but it does allow employers to inquire about prior theft convictions as well as felony arrests.

If you or a loved one has been charged with a theft crime, you need a skilled lawyer who knows how to build a strong legal defense on your behalf. At Drias Law Group, we will stand by your side throughout the legal process to help you pursue the outcome you deserve.

To schedule a free initial consultation with a Detroit theft lawyer, call us today at (313) 944-0236.

Criminal Records and Discrimination

Employees and job applicants are safeguarded from discrimination in every aspect of the employment process through Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission (EEOC) offers guidance for how employers can disqualify candidates who have criminal records that pose a risk without acting with discrimination. In making the decision about which applicants should be screened out, an employer must consider the following:

• The nature and seriousness of the offense
• The nature of the job itself
• The level of supervision and interaction the potential employee will have with others at the job
• The time period that has passed since the offense has occurred or the sentence has been completed

The EEOC has mandated that employers provide applicants who have a prior criminal conviction the opportunity to explain the circumstances surrounding their arrest and conviction. Applicants must also be permitted to provide any helpful information that demonstrates to the employer that they should not be passed over due to their record.

New Michigan Expungement Law

Michigan provides the opportunity for expungement of previous felony theft convictions from the records of certain individuals. A theft lawyer can help you pursue this option if you are eligible. You must have only one felony conviction and two or fewer misdemeanor convictions in order to qualify for expungement. The law helps many people remove a one-time mistake they made so that it does not hinder them from future opportunities such as employment.

The law in Michigan does prohibit employers from asking applicants about previous misdemeanor arrests that never resulted in a conviction. However, employers do have permission to ask about convictions that have occurred as a result of misdemeanor charges as well as arrests and subsequent convictions on felony charges.

Michigan’s Department of Civil rights has issued a Pre-Employment Inquiry Guide that provides guidance to employers about their hiring practices, including rules on interview questions regarding arrests and convictions. The guide prohibits an employer from putting into effect a policy that automatically refuses to consider someone for a position who has a prior criminal conviction.

Contact a Michigan Theft Lawyer for Help Today

If you’re facing a criminal charge of theft, you should ensure you hire a theft lawyer that knows all of the options available to potentially keep a conviction off your record. Your potential future employment and other opportunities are at stake as well as the ability to retain any current employment you have.

If you have been charged with theft in Michigan, our lawyers at Drias Law Group can provide the legal defense you need to ensure your rights are protected. We know your future is at stake and we can use the resources necessary to build a strong defense on your behalf.

To speak with a Michigan theft lawyer, contact us at (313) 944-0236 today to schedule a free consultation.

The post Job Applications and Theft Convictions in Michigan appeared first on Drias Law Group, PLLC.

If you have been arrested for theft and fear serious criminal and civil legal action, it is important to have a skilled and competent defense attorney. To speak with an experienced Detroit theft lawyer, contact us at Drias Law Group as soon as possible.

Contact us today at (313) 944-0236 for a free case consultation.

Michigan Law Makes Possible Civil Liability For Theft Clear

Anyone can file a lawsuit against you and win damages if they can show that you are responsible for their losses in theft cases. While many times we consider civil lawsuits to be for instances of negligence, you can still lose a case if you are found to be responsible for someone’s losses by a preponderance of the evidence presented. If you have lost a criminal case for theft, it will be much easier for the alleged victim to argue that you are responsible in a civil lawsuit.

In an effort to provide extra protection for retailers, Michigan Legislature 600.2953 establishes civil liability to anyone who is convicted of retail fraud in the first, second, or third degree. In this situation, the owner of the retail establishment can be awarded up to 10 times the value of the property if it’s theft results in either:

• The property is never returned
• The property is returned, but not in a condition to sell at its previous value

Parents In Michigan Can Be Civilly Liable For Theft Committed By Their Children

If you are the parent of a child who has been arrested or otherwise accused of theft, you may be sued and required to pay damages to the victim of your child’s offense. It can be very appealing for someone to sue the parents of the child who they believe harmed them since the child often does not have the assets to pay any damages themselves. Michigan law has seen many cases where parents were found to be partially responsible for their children’s poor behavior, and therefore liable to pay damages.

Codified in Michigan Legislature 600.2913, the state details how a parent can be responsible for the intentional actions of their child. If someone is to win civil damages against you due to your child’s actions, they must prove the following:

• Your child is a minor who still lives in your home and was under your supervision at the time of the crime.
• The child’s action was intentional with the purpose to steal or harm. theirs.

A Detroit Theft Lawyer Can Help If You Are Accused of Theft

Theft charges can be very serious depending on the details of your case. If convicted of a theft offense, you may be facing large fines and a long prison sentence. Additionally, it is common for the victims of theft to sue those who are accused of taking their property. It is important to act quickly while defending yourself against accusations of theft, and skilled Detroit theft lawyer Martin Drias can help protect your rights if you are in this difficult position.

To speak with a criminal defense lawyer today, contact Drias Law Group at (313) 944-0236.

The post Can I Be Held Civilly Liable for Theft in Michigan? appeared first on Drias Law Group, PLLC.

If you’ve been detained by a loss prevention officer for an extended amount of time while the store investigates a suspected theft, or if a security guard used excessive force against you on the suspicion that you shoplifted, a Detroit retail fraud lawyer can help. At Drias Law Group, not only can we fight to clear your name and restore your reputation, we may be able to collect a settlement from the store to compensate for your injuries and trauma.

Call our office today at (313) 944-0236 to schedule a free consultation regarding your case.

Loss Prevention Officers Are Not the Police

Loss prevention officers are employees of corporations, as opposed to agents of the state. This means that a loss prevention officers are under no obligation to read you your Miranda rights, for example. When the police arrest you and want to question you about alleged criminal activity, they must inform you of your right to remain silent, and the fact that anything you say may be used against you in a court of law. Since loss prevention officers don’t have this obligation, you cannot request the dismissal of your retail theft charges because you weren’t afforded these rights by the store’s employees.

Store security guards cannot charge you with a crime, either. Only the police can do that. Generally, loss prevention officers will detain and question you, then call the police. Do not make any statements to the loss prevention officers, or sign any documents. When the police show up, the loss prevention officers will tell their version of the story. In all likelihood, the police will then arrest you and charge you with shoplifting. No matter how angry or humiliated you might be, this is not the time to argue about your case. Continue to remain silent and ask for the assistance of a lawyer as possible.

State Law Regulates the Conduct of Loss Prevention Officers

Although the regulations that apply to the police do not apply to loss prevention officers, the Michigan Legislature has passed several statutes addressing the limits of their authority. Specifically, loss prevention officers must:

Only arrest you on probable cause

You may sue a store for false arrest if its employees make a citizen’s arrest without probable cause to believe you have stolen something. In general, a loss prevention officer must observe you approaching, selecting, concealing, and failing to pay for an item to support the claim of probable cause for shoplifting. Additionally, they should prove that they their surveillance was uninterrupted, and they confronted you once you passed the cash register.

Use reasonable force

Loss prevention officers should only use reasonable force in detaining a suspect. If you’ve been injured by loss prevention officers, it’s more than likely they used more than reasonable force against you. Bear in mind, however, that if you attempt to assault a loss prevention officer, they are authorized to use a proportional amount of force against you under the doctrine of self-defense.

Detain you for a reasonable time

Michigan Compiled Laws (MCL) 338.1051, loss prevention officers can only detain you within or in the immediate vicinity of the store, and for a reasonable amount of time. What consists in a reasonable amount of time varies case-by-case, but generally it is not okay for them to detain you for more than an hour, even if the police haven’t shown up yet to take over the investigation.

If all three of these conditions are met, MCL 600.2917 states that you cannot recover damages for false imprisonment, unlawful arrest, assault, battery, libel, or slander.

How Can a Detroit Shoplifting Lawyer Help?

Your shoplifting case may have two components: criminal charges and a lawsuit in civil court. The prosecutor may charge you with larceny, and the store might sue you to recover the value of the stolen property. Your lawyer will need to mount an effective defense against the criminal charges while helping you avoid the liabilities arising out of the civil lawsuit. Depending on the conduct of the loss prevention officers and the police, it may be possible to countersue the store for unlawfully detaining you.

Call Drias Law Group Today

At Drias Law Group, we are dedicated to protecting the rights of people accused of criminal wrongdoing. We find that the most effective defense often consists of demonstrating wrongdoing on the part of the government agents and private citizens who may have contributed to your arrest and alleged crime. If you’ve been charged with retail theft, or if you’ve been abused by a loss prevention officer, call attorney Martin Drias for a free and confidential consultation.

Contact Drias Law Group today at (313) 944-0236.

The post What Can a Loss Prevention Officer Do in a Retail Theft Case? appeared first on Drias Law Group, PLLC.

To avoid the aftermath of such serious felony convictions, the man came to the Drias Law Group, who tenaciously argued for this client. Attorney Davis negotiated with the prosecution and asserted that the evidence was insufficient to show that his client was the individual on the ID and the credit cards. Attorney Davis eventually achieved the total dismissal of the financial transaction device charges and facilitated an agreement for his client to plead to a simple misdemeanor for marijuana possession. By choosing capable and experienced counsel, this client obtained an exceptional result and avoided the stiff consequences for felony fraud convictions.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Illegal Financial Transaction Device Charges Dismissed for Man in Detroit appeared first on Drias Law Group, PLLC.

Fortunately, you may be able to avoid these criminal penalties by acting fast and retaining the services of a reputable Detroit theft by conversion attorney at Drias Law Group.

What Does Larceny or Theft by Conversion Mean?

Larceny is an old-fashioned name for theft that comes from England centuries ago. Over time, most states–and even the United Kingdom – have abolished the crime of larceny and divided it into the crimes of theft, burglary, and robbery. Michigan remains one of the few states to call theft “larceny.”

Defining Conversion

A conversion is also a concept originating in England. It refers to any voluntary action you take towards an item of property that interferes with the rights of its owner. Usually, this means taking someone’s property as your own. For example, you find someone’s wallet. Instead of returning it to the owner, you convert the wallet for your use.

Michigan Penal Code Regarding Larceny or Theft by Conversion

The language used to describe larceny or theft by conversion, as defined in Michigan Penal Code section 750.362, is particularly cryptic, even by legal standards:

“Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny.”?

In plain language, the crime of larceny or theft by conversion occurs when:

• You take or gain possession of someone’s property
• The property belongs to someone else
• You intend to defraud or cheat the owner out of the property
• The owner does not consent to your possession or use of the property

For example, a car dealership consents that you take a test drive but not permanently keep the vehicle.

What Is the Penalty for Larceny in Michigan?

The penalty for larceny in Michigan depends on the value of the property you allegedly took or the number of prior larceny convictions you might have.

More than $20,000 or 2 Prior Convictions for Larceny

If you have been accused of theft by conversion of more than $20,000 or if you have two or more prior larceny convictions, you face felony charges. Felonies in Michigan carry a sentence of up to 10 years in prison. You could also pay a fine of up to $15,000 or three times the value of the stolen property.

Between $1,000 and $20,000 or 1 Prior Conviction for Larceny

Theft by conversion valued between $1,000 and $20,000 or repeated offenses is a felony. This crime is punishable by up to five years in prison. You could also pay fines of up to $10,000 or three times the value of the stolen property.

Between $200 and $1,000 or 1 Prior Conviction for Larceny Involving Less Than $200

If you have a prior conviction for larceny for less than $200 and are accused of theft by conversion of any amount between $200 and $1,000, you face misdemeanor charges. The penalty is up to one year in jail, plus a $2,000 fine or three times the value of the stolen property.

Theft Less Than $200

You will face misdemeanor charges for larceny of property that is worth less than $200. Theft by conversion worth less than $200 is a misdemeanor, with a maximum sentence of 93 days in jail. You’ll also be ordered to pay fines of up to $500 or three times the value of the stolen property.

In determining your sentence under the Michigan criminal process, the court may add up all of the property you took over the course of one year.

Additional Penalties for Larceny in Michigan

The collateral consequences you’ll face are also severe.

As a convicted criminal, you could:

• Ruin your personal or professional reputation
• Face child custody issues
• Have trouble with immigration or citizenship
• Lose your professional license in certain occupations
• Find it challenging to find a good job or affordable housing

Michigan Theft by Conversion Defenses

Theft by conversion is not a crime to be taken lightly. You must get help defending yourself so you can get back to your life. For the state to obtain a conviction, they will need to be able to show that you knowingly took possession of someone else’s property without their consent.

Common defenses in a larceny case include:

• Approval or consent of the property owner
• Abandonment of property by the property owner
• Property identification issues
• Lack of probable cause
• Mistake of fact
• Issues with the statute of limitations
• Police misconduct
• Illegal search and seizure

There may be several defenses that apply to your case.

Call Drias Law Group Today

Larceny might not be a commonly used phrase, but it’s a heavily prosecuted crime in Michigan. Get help from a skilled and experienced Detroit criminal defense lawyer to defend your larceny case. Do not answer questions from the police or plead guilty to any crime before you consult a lawyer.

Call the Drias Law Group today at (313) 944-0236 for a free and confidential consultation of your case. Or fill out our quick contact form, and we will reach out to discuss your theft by conversion charges.

The post What is Larceny by Conversion in Michigan? appeared first on Drias Law Group, PLLC.

Attorney Davis utilized a wealth of knowledge with criminal procedures and well-cultivated relationships with the police to discuss the case with the officers involved. Attorney Davis explained the man’s situation and showed that his client was also a victim in what was a clear internet scam because he had lost $500 in this fraudulent transaction. The police agreed with this assertion and decided to forego charges against his client. By making the wise decision to consult with a legal professional, this matter was effectively and expeditiously handled before it spiraled into a very costly mistake.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Young Client Avoids Stolen Credit Card Charges After An Internet Scam appeared first on Drias Law Group, PLLC.

By utilizing his comprehensive experience with retail fraud charges, attorney Davis began negotiating with the prosecutors in hopes of finding an alternative outcome. Attorney Davis effectively convinced the prosecution to amend the retail fraud charge to disorderly conduct. As a result of this change, this lesser offense would not be considered a crime of dishonesty, but also allows for a complete dismissal once the penalty is completed. Ultimately, once the client paid the $500 fine that the judge imposed, the charge would be completely dismissed and the client could rest assured that his livelihood was protected.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Retail Fraud Charges Reduced to Protect a Man’s Career appeared first on Drias Law Group, PLLC.