Legal Question in Criminal Law in Wisconsin
WI Shoplifting continued
If the total value was $40 shoplifted and it's a first offense, do they usually prosecute?
2 Answers from Attorneys
Re: WI Shoplifting continued
That also depends on many factors, but normally it depends mostly on whether the merchant reports it and requests prosecution.
WI Shoplifting First Offense Small Item Stolen
Yes, most merchants always prosecute every shoplifting case, regardless of how small the theft. State shoplifting laws provide for up to nine months in jail and a $10,000 fine. With good representation, however, a first offender might be able to get reduction to an ordinance violation which does not provide for any jail time, or other types of diversion or expungement. Additionally, the merchants can and do frequently sue civilly in small claims court, where the commonly get additional judgments for punitive damages which can run into thousands of dollars.
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