Legal Question in Criminal Law in Wisconsin

Retail theft

I worked at a retail store and was fired because they had found that over the course of years I had returned products (which I did purchase) for a cash refund. the amount is less then 1500.00. All of the returns were done by cashiers other then myself (like you would return anything anywhere). The problem is that there is no computer record of the purchases. The cashier handling the sale is suppose to enter your name (for an employee only) into the computer in order for it to track the purchases of that given employee. Thats the only way to track it. Some of the products were recorded under my name but a large amount were never entered in by the cashiersthat were suppose to. I was contacted by a detective and answered questions that i believed would clear me but he is still pursueing the matter. He mentioned it would be a city ticket at first but has since threatend me with state misd. charges. I will talk to him no more of course but was woundering with the limited info I gave you what I should do and what could be the penalty if found guilty of said amount. thank you.


Asked on 6/12/02, 3:16 pm

2 Answers from Attorneys
John A. Birdsall Birdsall Law Offices, S.C.

Re: Retail theft

The admissions are a problem as is the lack of proof of payment. The penalties could be multiple misdemeanor charges which carry 9 months maximums or a Class E felony which has 5 year prison term. I seriously doubt you would get these maximums but they are a possibility. Also significant would be the number of transactions, and the time frame of purchase v. return. Finally, if you have no record, that will greatly help in the event you want to enter into a plea agreement. I don't know what you told the police but you can rest assured that it will be characterized in the worst possible light and will almost certainly hurt you.

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Answered on 6/12/02, 4:31 pm
JAY Nixon nixon law offices

Re: Retail theft

You need representation as soon as possible, especially

before you say anything about the case to the police

to fellow employees, or to a judge. Anything you say can be used against you and could end up making the government's case against you.

Depending upon your age, it may be possible to

to resolve the case without a permenant conviction record.

It may also be possible to fight it. A good attorney with

extensive experience in criminal law is the best

source of advice on this.

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Answered on 6/13/02, 7:03 am


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