Legal Question in Civil Litigation in Wisconsin

Shop lifting

My 16 year old daughter got caught shop lifting. It was the first time she has ever done anything like this and admits it was stupid and is sorry for what she had done. The store Wal-Mart did not call the police but had my wife sign something whick they did not tell her what it was or give her a copy of it. But the store said that my daughter is now banned from all Walmart stores for life and that they are sending her picture to each store. My question is can they do that for a first time offense and how come it can not be dropped once she turns 18. Also I thought in order to get nailed for shop lifting you actually had to exit the building. My daughter got grabbed in the entrance way by the carts, because my wife told her to go get her another cart. Is there anything we can do to get her to be able to go back to Walmart to shop in the future or with us?


Asked on 6/11/08, 10:49 am

1 Answer from Attorneys

Sean Sweeney Tosa Law Office

Re: Shop lifting

They most certainly can do this. It is not a criminal conviction that stays with her juvenile record. It is a choice by Wal-Mart to say that she cannot go in their stores ever again. They have every right to do this. It is a private company and they can refuse service to anyone for just about any reason. (except perhaps because of race or religion)

Your best bet is to talk with the manager of the Wal-Mart and try and convince them to lift the ban, but legally speaking you have absolutely no recourse. You do not have some "right" to shop at Wal-Mart.

Also, shoplifting occurs the moment you try and conceal an item in a store, not when you exit the store. If that were the case, it would be very impractical to catch shop lifters as you would have to have security waiting outside of the store all the time.

Good Luck.

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Answered on 6/11/08, 11:05 am


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