CanI get charged with retail fraud if I fully intended to pay for the item but forgot my debit card?

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CanI get charged with retail fraud if I fully intended to pay for the item but forgot my debit card?

I was charged with retail fraud over a .99 cent bag of potato chips. I went into the party store to buy some chips, opened them while waiting in line to pay for them, and when I went to pull out my wallet to get my debit card I realized that I had left my debit card at the bar. The guy then immediately called the cops and I was charged with 3rd degree retail fraud. I’m just a little confused because I thought that in order for it to constitute as retail fraud I had to have an intention to steal. I even asked the guy behind the counter if I could call one of my friends to get a $1.00

Asked on December 11, 2011 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you went to a store without sufficient money to pay for the item that you took without paying for, you obviously can be charged for retail fraud which is exactly what happened to you. The issue is whether or not in the end you plea out to third degree retail fraud or go to trial and are convicted of the charge.

If you do not have a criminal defense attorney representing you in the matter that you are writing about, you should consult with one sooner rather than later.

 


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