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View Diary: Walmart pressing felony theft charges against worker for eating Oreos (261 comments)

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  •  It is in Indiana. (1+ / 0-)
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    The statute is cited throughout the thread. However, in most states "felony" means a crime for which the prescribed punishment is at least one year. In Indiana it's six months, but she could get anything from probation to three years depending on whether she's got criminal history, and other factors.

    Indiana prosecutes most thefts as Class D felonies, which is what the police put down. We don't know what a prosecutor will do, but being a store employee can be an aggravating factor. Presumably the fact that she'd been doing it for four years won't help. On the other hand, she promptly took responsibility and was cooperative, so who knows whether the prosecutor might knock it down to misdemeanor criminal conversion? Of course, this all assumes that her confession and the facts in it are admissible -- if they end up with nothing but the one incident on tape, it's hard to imagine anyone wasting time on it.  

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