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Criminal Charges for Price Tag Switching

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  • 09-04-2018, 12:57 AM
    Hellobrenda
    Criminal Charges for Price Tag Switching
    My question involves criminal law for the state of: Wisconsin
    My grandma came home today and she was really happy with her purchase at Marshall’s. She told me she switched the tags for some baking measuring cups. So she paid $1.2 instead of $6. She told me that this was only her second time doing it and I made her promise to never to this again. I’m worried about the consequences of her actions. I’m not sure when she switched the prices the first time, I didn’t ask but will she be okay as long as she stays away from price switching? Would it help if she returned the item or claimed it was an accident? She’s 66 years old and is completely heathy.
  • 09-04-2018, 01:06 AM
    Taxing Matters
    Re: Marshall’s Price Switching
    The chances are pretty good that if they didn't stop her in the store that they did not catch the price switch (which is a form of theft) and won't face any criminal or civil problems as a result of it. There is no guarantee of that, however. What is likely is that if she keeps it up she will get caught and may face theft criminal charges. When that happens it's going to cost her a whole lot more than the $4.80 she saves off something like this. She might even end up spending a few hours or days in jail out of it. If she's smart, she won't do it again. Apart from that, at this point there really isn't anything she can do that will make this better.
  • 09-04-2018, 01:23 AM
    Hellobrenda
    Re: Marshall’s Price Switching
    Quote:

    Quoting Taxing Matters
    View Post
    The chances are pretty good that if they didn't stop her in the store that they did not catch the price switch (which is a form of theft) and won't face any criminal or civil problems as a result of it. There is no guarantee of that, however. What is likely is that if she keeps it up she will get caught and may face theft criminal charges. When that happens it's going to cost her a whole lot more than the $4.80 she saves off something like this. She might even end up spending a few hours or days in jail out of it. If she's smart, she won't do it again. Apart from that, at this point there really isn't anything she can do that will make this better.

    Is there a statue of limitations? And if she does spend a few days in jail, is there care for elderly? I’m warning her about the consequences. I give her $500/month to help out with any expenses and I’m going to give her some more so hopefully, she doesn’t feel like she’s has to resort to theft.
  • 09-05-2018, 05:10 PM
    Shadowbunny
    Re: Marshall’s Price Switching
    Quote:

    Quoting Hellobrenda
    View Post
    Is there a statue of limitations? And if she does spend a few days in jail, is there care for elderly? I’m warning her about the consequences. I give her $500/month to help out with any expenses and I’m going to give her some more so hopefully, she doesn’t feel like she’s has to resort to theft.

    Since you say she's healthy, then there's no need for her to get special "elderly care" when (and I did say when, not if) she goes to jail for her stealing. She may not be in trouble THIS time, but as she's a serial-thief it's just a matter of time before she gets caught.
  • 09-05-2018, 06:09 PM
    flyingron
    Re: Marshall’s Price Switching
    Sure as hell is. You think the merchant "consents" to having her fraudulently pay less than the tagged price?
  • 09-05-2018, 06:37 PM
    jk
    Re: Marshall’s Price Switching
    Quote:

    Quoting EJay
    View Post
    Would the actions meet the elements of theft? I'm not so sure.

    https://docs.legis.wisconsin.gov/sta...943/III/20/3/a

    Not saying this isn't illegal but would it be theft?

    943.50  Retail theft; theft of services.


    1m) A person may be penalized as provided in sub. (4) if he or she does any of the following without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:
    (a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant.
  • 09-06-2018, 10:26 AM
    pg1067
    Re: Criminal Chargres for Price Tag Switching
    Quote:

    Quoting Hellobrenda
    View Post
    will she be okay as long as she stays away from price switching?

    I'm not really sure what you're asking here. Obviously, no one here can assure you that she won't get in trouble for her past criminal activity. Obviously, however, not committing similar crimes in the future would be a smart thing to do.

    By the way, most people would be embarrassed about something like this. That your grandmother actually bragged to you about it suggests to me that this is a more significant problem for her and that her claim that she "only" did it once before may be a lie.

    Quote:

    Quoting Hellobrenda
    View Post
    Would it help if she returned the item or claimed it was an accident?

    Given the small prices involved this time, it's probably best not to call attention to it, and it certainly wouldn't be a good idea to compound the already committed crime with a lie.
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