FRAIBERG & PERNIE

Michigan retail fraud lawyer Matthew A. Fraiberg and Fraiberg & Pernie represent individuals charged with retail fraud, shoplifting, theft offenses, and related criminal charges throughout Michigan. A former prosecutor with more than 28 years of experience, Matthew Fraiberg defends retail fraud cases by challenging surveillance evidence, loss-prevention procedures, witness credibility, statements made during store detention, and the prosecution’s ability to prove criminal intent.
If you were charged with retail fraud, shoplifting, price switching, concealment, under-ringing merchandise, or fraudulent refund activity in Michigan, your case may be more serious than you realize.
Many people initially think:
“It was just shoplifting.”
Legally, it is much more than that.
Retail fraud is a criminal offense in Michigan.
A conviction can potentially lead to:
Jail
Probation
Restitution
Fines
A permanent criminal record
Employment consequences
Professional licensing issues
Immigration consequences
If you are like most people who call me after a retail fraud arrest, you are probably feeling some combination of:
Panic
Shame
Fear
Embarrassment
Confusion
You may be wondering:
Am I going to jail?
Will this stay on my record forever?
Can this be dismissed?
Will this affect my career?
I understand that.
Because I talk to people in that exact situation all the time.
And I tell them this first:
A retail fraud charge is not the end of the analysis. It is the beginning of the investigation.
This is the biggest misconception I see.
People think retail fraud cases are mostly about the merchandise.
They usually are not.
That surprises people.
Here is what matters most:
Retail fraud cases are often won or lost on intent—not merchandise value.
That distinction changes everything.
The prosecution is not simply trying to prove:
You possessed merchandise.
They usually must prove something much more important:
That you intended to steal, deceive, or permanently deprive the merchant of property.
That is where many cases become defensible.
Because suspicious behavior is not automatically criminal intent.
Mistakes happen.
Confusion happens.
Misunderstandings happen.
And sometimes accusations are simply wrong.
Retail fraud generally involves allegations such as:
Shoplifting merchandise
Concealing items
Switching price tags
Under-ringing merchandise
Fraudulent refund attempts
Altering packaging or labels
Michigan divides retail fraud into multiple degrees based on:
Merchandise value
Prior theft history
Surrounding circumstances
Usually involves:
Merchandise valued at $1,000 or more, or
Prior qualifying theft history
Potential penalties may include:
Up to 5 years in prison
Fines up to $10,000 or triple value
Usually involves:
Merchandise valued between $200 and $1,000
Potential penalties may include:
Up to 1 year in jail
Fines up to $2,000 or triple value
Usually involves:
Merchandise valued under $200
Potential penalties may include:
Up to 93 days in jail
Fines up to $500
After decades handling theft and fraud-related cases, I see one pattern repeatedly.
Loss-prevention reports often describe:
Intentional concealment
Obvious theft
Deliberate deception
Clear criminal intent
Then we review the evidence.
Sometimes the surveillance footage tells a much more complicated story.
I see this constantly.
That does not automatically mean store security acted improperly.
But it does mean something important:
Loss-prevention conclusions are still human conclusions.
They can be mistaken.
They can be incomplete.
They can be influenced by assumptions.
That matters.
Because many retail fraud cases ultimately turn on one question:
Does the evidence actually prove criminal intent?
That is the question I care about most.
Common evidence includes:
Store surveillance footage
Loss-prevention reports
Witness statements
Transaction records
Receipts
Merchandise recovery records
Police reports
Body camera footage
Alleged admissions
Where cases often weaken:
Poor camera angles
Missing footage
Incomplete surveillance
Incorrect merchandise valuation
Misinterpretation of behavior
Coerced statements
Weak intent evidence
Evidence quality often determines case strength.
This is important.
Many people damage their case most during the store detention interview.
Not during the alleged incident.
During questioning by:
Store security
Loss prevention
Police officers
People panic.
They try to explain.
They apologize.
They admit things they did not intend.
They make statements hoping to go home.
I see this constantly.
That is why I tell clients:
Do not explain. Do not justify. Ask for a lawyer.
Many first-time offenders are not repeat criminals.
They may be:
Students
Nurses
Doctors
Teachers
Professionals
Parents
College applicants
Often they have never been charged with anything.
That matters.
In many first-offense cases, early intervention may create opportunities for:
Dismissal
Diversion
Delayed sentencing
HYTA (when eligible)
Reduced charges
Record-protection strategies
These outcomes are not automatic.
Strong advocacy matters.
Retail fraud is often viewed as a crime of dishonesty.
That matters.
Because convictions may affect:
Employment
Professional licenses
Background checks
Security clearances
Immigration status
Educational opportunities
For many clients, protecting their record becomes the top priority.
Matthew A. Fraiberg has more than 28 years of criminal defense experience.
His background includes:
Former prosecutor
Former judicial clerk
Former assistant legal research clerk
Extensive courtroom litigation experience
Representation throughout Oakland, Wayne, and Macomb Counties
Many lawyers begin with:
“What deal can we get?”
I approach cases differently.
I begin with a different question:
What does the evidence actually prove?
That mindset changes outcomes.
Yes. Some cases are dismissed when major evidentiary or procedural problems exist.
Many first-time offenders avoid jail with strong representation.
A conviction can create a criminal record unless later expunged or otherwise resolved.
Yes. Many cases are reduced or resolved through diversion.
No. Ask for a lawyer immediately.
Do not assume retail fraud cases are about merchandise alone.
They usually are not.
Retail fraud cases are often about proving intent.
Evidence matters.
Statements matter.
Record protection matters.
Early legal strategy matters.
The first days after a charge often shape the final outcome.
If you have been charged with retail fraud or shoplifting anywhere in Michigan, your case has already begun.
Evidence should be reviewed immediately. Defense strategy should begin now.
Your future may depend on decisions made in the next few days.
Call Fraiberg & Pernie at (248) 986-2682 today for a confidential consultation.
Call (248) 986-2682 today.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
Fill out the information below and we will get back to you as soon as possible.
Fraiberg & Pernie is a Michigan criminal defense law firm dedicated to defending individuals charged with DUI, drug crimes, assault offenses, domestic violence, white collar crimes, and other felony or misdemeanor charges. The firm represents clients throughout Oakland County, Macomb County, Wayne County, and Metro Detroit. If you need an experienced Michigan criminal defense attorney, Fraiberg & Pernie provides aggressive legal representation focused on protecting your freedom, record, and future.
We use cookies to improve your experience on our site. By using our site, you consent to cookies.
Manage your cookie preferences below:
Essential cookies enable basic functions and are necessary for the proper function of the website.