I was arrested for shoplifting 2 (under $1) S hooks. I told the police I brought them from home and brought them to compare. A security Guy said he saw me take the package and take 2 out of it and leave the package. What should I do when I go to court?
Answer
The more important question is what you should do before you go to court, and that answer to that one is simple: "get a lawyer," if you want to fight this accusation. If you are charged under the WI state criminal shoplifting statute (as opposed to a some municipal ordinance shoplifting laws), the state must prove intent to steal on your part, and furthermore, they must prove this beyond any reasonable doubt, and convince all 12 jurors to unanimously vote to convict you. Even one vote is favor of acquittal will lead to a mistrial. Therefore, any reasonable chance that, for example, you carried these parts into the store in your pocket so that you could find matching ones, etc., they will be obligated to find you "not guilty." On the other hand, if they have security camera footage showing you removing the wrapper and pocketing the items, there is not likely to be much room for doubt. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only and may contain lawyer advertising materials. Regardless of this, however, you are still welcome to contact me during business hours at my office in Racine if you still have questions.
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