My question involves criminal law for the state of: Michigan
The scenario is my partner purchased clothing from a thrift store, than attempted to return different clothing (that she legally owned) to the same thrift store using the same receipt. The store manger let the return take place, then confronted her in the parking lot. The police were called and she was arrested for retail Fraud, 3rd degree. My question is since the store didn't own the clothing she was returning, is this really retail fraud, given the Michigan law defines retail fraud (in part) as attempting to get a refund/exchange from an item that "was not paid for and belongs to the store"? The items attempted to return did NOT belong to the store. The relevant statue is MCL Section 750.356d. I completly understand that what she did was unethical, but was it "retail fraud", or does another statute fit this event?
The scenario is my partner purchased clothing from a thrift store, than attempted to return different clothing (that she legally owned) to the same thrift store using the same receipt. The store manger let the return take place, then confronted her in the parking lot. The police were called and she was arrested for retail Fraud, 3rd degree. My question is since the store didn't own the clothing she was returning, is this really retail fraud, given the Michigan law defines retail fraud (in part) as attempting to get a refund/exchange from an item that "was not paid for and belongs to the store"? The items attempted to return did NOT belong to the store. The relevant statue is MCL Section 750.356d. I completly understand that what she did was unethical, but was it "retail fraud", or does another statute fit this event?
Retail Fraud Iii or Return Fraud
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