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  1. #1
    Join Date
    Oct 2014
    Posts
    2

    Default Mental Illness and Retail Fraud

    My question involves criminal law for the state of: Wisconsin

    My wife was recently diagnosed with an Acute Bipolar Disorder and causes her to have no lack of impulse control. She was recently detained for shoplifting and the District Attorney's office took compassion on her and will defer any sentencing if she continues her counseling and makes regular visits to her Psychiatrist as she is not on a stable medication program. Most recently, she went on a shopping binge and I demanded that she return all the items, which she did, but out of anger towards me (I think) she decided that she would remove items from the box and return partial packages while getting a full refund. It was a week later that she received a call from the police dept. in a neighboring city that she was to visit them in regards to an ongoing investigation and, calling on the Dept. store that listed the complaint, was informed that they know it was her that returned items with missing materiel. I am at loss as she isn't mentally capable of making sound decisions and she already has a commitment to one County Prosecutor to stay out of trouble. The retail fraud took place in a different County and I am concerned that she will go to jail for this. We have the missing materiel and total fraud was about $500 in items. Please lend advice on how to proceed.

    Thanks in advance,
    Helpless Husband.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Retail Fraud

    Quote Quoting gabriel634
    View Post
    Please lend advice on how to proceed.
    Hire a lawyer for her.

    There is no other advice.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Retail Fraud

    Quote Quoting gabriel634
    View Post
    My question involves criminal law for the state of: Wisconsin

    My wife was recently diagnosed with an Acute Bipolar Disorder and causes her to have no lack of impulse control. She was recently detained for shoplifting and the District Attorney's office took compassion on her and will defer any sentencing if she continues her counseling and makes regular visits to her Psychiatrist as she is not on a stable medication program. Most recently, she went on a shopping binge and I demanded that she return all the items, which she did, but out of anger towards me (I think) she decided that she would remove items from the box and return partial packages while getting a full refund. It was a week later that she received a call from the police dept. in a neighboring city that she was to visit them in regards to an ongoing investigation and, calling on the Dept. store that listed the complaint, was informed that they know it was her that returned items with missing materiel. I am at loss as she isn't mentally capable of making sound decisions and she already has a commitment to one County Prosecutor to stay out of trouble. The retail fraud took place in a different County and I am concerned that she will go to jail for this. We have the missing materiel and total fraud was about $500 in items. Please lend advice on how to proceed.

    Thanks in advance,
    Helpless Husband.
    Your mistake in this situation was allowing HER to be the one to return the items. Since you know that she has this problem it would have been safer if you had done it instead.

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Retail Fraud

    More than an attorney, I'd speak to her therapist about this. And I would sure make it right. YOU can take the things in, YOU can say "We are working through this, there's significant mental health issues which are known, I'm going to give you your stuff back, I'm going to do my best to make sure it never happens again."

    And don't try to hide it from the first prosecutor. That will make it worse. I would come clean and make your unwavering commitment to her treatment known to them.

    They don't want to put her in jail; they want her to not be a nuisance to society. It might not legally be your problem, but if you want her to stay out of trouble, you're going to have to do your part. Show them that you are committed to keeping her out of court.

  5. #5
    Join Date
    Oct 2014
    Posts
    2

    Default Re: Retail Fraud

    These are all very good points and everyone is correct. This shouldn't be a surprise but I was thinking (hoping) that she was making positive progress.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Mental Illness and Retail Fraud

    So you have filed to be her legal guardian because she is not capable of managing her own legal affairs correct?

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