Legal Question in Criminal Law in Wisconsin

I have a question this morning I went to the gas station by my house, I once worked their close to 6 months ago if that is of any relevance. The last time i went to this gas station was 4 or 5 days ago, this morning I went in to use the atm and buy cigarettes. After I used the atm, as I was buying the cigarettes the owner walked behind me to the right side of me and said we have a problem "my name" I of course asked what it was having no idea why we would have a problem. While I was saying this I noticed her husband who also owns the store and the store next door that they own and works their walks in and goes to the left side of me towards the door. She says I quote "are you gonna pay for that monster you stole the other day" I said I don't remember stealing any energy drink from your store and I don't believe I did. Now I will admit I will take from gas stations every now and then but very rarely and haven't in a long time and have a decent job and make enough money so I have no need to steal. She said "We have you on camera and all the employees have seen it and it was you so pay for it or I'm calling the cops" I say "like I just said I don't think I stole a monster so no I wont pay for something if I don't think I took it". Now my memory isn't all that good and I definitely don't remember every time I stop at a gas station, I go to 3 to 4 a day on average "I drink a lot of coffee" so I may or may not have taken it although I'm sure I didn't take it because I don't drink energy drinks all that often. Since her husband was blocking my path to the left towards the door I walked behind me to the next isle to get to the door and leave the store because I was feeling a little threatened. The male owner her husband proceeded to quickly walk to the door and block my path. I said really your going to stop me from leaving the store he answered "your gonna pay for that or I will fucking take you down and hold you till the cops get here". Now I wasn't just feeling threatened I actually was just threatened for real to be beat up and held against my will, I was feeling confused and scared he was a bigger guy and older than and bigger than me. After that I was forced to pay for the monster and told to never come back although I'd never go back their even if they didn't tell me not to so I was wondering if I can take any legal action because I feel like this is a situation where I should report this to the police whether I stole the energy drink or not. if I could please get a insightful helpful question it would be extremely appreciated.


Asked on 11/12/15, 12:08 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

While you can always take legal action, I don't believe that it will get you too far in this scenario. Merchants have the right under WI law to temporarily detain shoplifters. My guess is that they would countersue you and win punitive damages for the shoplifting if you first sued them. Furthermore, even if you don't, they could sue you for those, and/or refer a case for criminal prosecution.

Answering this question does not make me your lawyer, but you can still post comments here for clarifications, etc. or contact me in person for same. You can also see past answers to similar questions on AVVO at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon, or go to . https://www.facebook.com/NixonLawOffices for more. Answers may contain attorney advertising materials..

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Answered on 11/13/15, 8:37 am


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