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Can You Be Stopped for Shoplifting Before You Leave the Store

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  • 09-23-2015, 07:25 PM
    mmoldrem45
    Can You Be Stopped for Shoplifting Before You Leave the Store
    My question involves criminal law for the state of:wisconsin, Dane county. retail theft.
    Can a person be detained before exiting the building? When walking out of the first door, after paying for most of my purchases I was thinking about returning to take the stuff in and pay, I felt horrible! Within 2 seconds I was approached by a undercover security. Admitted to it and was given a ticket.. Can I use this in court to plead not guilty that I had all intentions in turning around? I had no idea what I was going to say... But I was going back in!
  • 09-23-2015, 07:29 PM
    cbg
    Re: Retail Theft: Can You Be Detained Before Leaving the Building in Wisconsin
    Yes.
  • 09-23-2015, 07:53 PM
    mmoldrem45
    Re: Retail Theft: Can You Be Detained Before Leaving the Building in Wisconsin
    Should I go to court and plead my case??? How in the world do I keep
    It out of our local newspaper? I'm mortified I was that stupid!!!!

    - - - Updated - - -

    Should I go to court and tell the judge this?
    Any suggestions on keeping it out of the local newspaper in the town we live and work in????
  • 09-24-2015, 05:39 AM
    flyingron
    Re: Retail Theft: Can You Be Detained Before Leaving the Building in Wisconsin
    Shoplifting is a crime, at the lowest level an misdemeanor you can spend a nine months in jail over. It's not some traffic ticket that you have the option to pay the ticket and go on, you must appear in court.

    Your story is not convincing. The fact that you claim you intended to go back and pay after you had regrets over stealing won't fly anyhow. Once you've concealed the items with the intent of depriving the store of them you've committed the crime and it isn't necessarily reversible.

    You should contact an attorney. He can see if there is any defense you might mount. He can also help you possibly get into a diversion program that would keep you from acquiring a criminal record over this. The chances of convincing a judge with your sob story is minimal and frankly, you'd probably not even get to make the case. This isn't like getting sent to the principal's office. You are allowed to cross-examine the prosecution witnesses or introduce your own witnesses and evidence, but it's not a cry in front of the judge because you were wronged situation.

    Arrests and charges are public knowledge. If your local paper prints such things routinely, there's nothing you can do to stop it.

    Note you can also expect, independent of your criminal problems, to get a letter from the store's "lawyers" demanding restitution for the damages you caused them.
  • 09-24-2015, 08:33 AM
    DeputyDog
    Re: Retail Theft: Can You Be Detained Before Leaving the Building in Wisconsin
    Obviously you CAN be, because you were.

    In most places you commit the theft when you show intent. If that's not enough, you make the case more solid when you move past the last point of sale. It gets to be even more of a slam dunk when you show intent, pass the last point of sale without paying, and then actually walk out the door with the merchandise.

    Just how far do you think they should have to let you get? To your car? Your house? Or should they only be able to charge you if you get the stuff to your house and then don't return it within a week, because you could always be intending to return the merchandise to the store in the next few days?
  • 09-24-2015, 11:41 AM
    Security Consultant
    Re: Retail Theft: Can You Be Detained Before Leaving the Building in Wisconsin
    OP - Read this.
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