In May 2006, I had a merging of accounts at my bank. This deposited about $27,000 into my checking account. I called the bank and the call centre to get this straigtened out and no matter what, they insisted it was mine since all of my information was correct. I paid off a few bills and spent some on myself. The total amount spent by me from the account was about $9,200. Then I was called by the bank and police in February 2007. I found out just last month (March 2007) that someone else had stolen my debit card and stole an additional $5000 even. They admitted to it when questioned. They said I would not be charged with this second amount and I know that the person is being charged separately. What I need to know is what kind of punishment I could be looking at just so I'm somewhat prepared (in case I need to pack up my apartment and store my stuff, in case I go to jail. I just want to be prepared.) They did say that since I told the truth when questioned and didn't spend all the money, and did stop all spending when I realized that the money belonged to someone else, this would help my case. With nothing at all in priors, would it be possible to not necessarily get jail time for this offense or would it be pretty much a guarantee for an amount this large?

I live in Nova Scotia and this is the same province where the ffense occurred.
Thank you for any help you can be, I've never felt so bad or been so scared, this, I know, will ruin all chances of a good job or good credit now.

Hello sky:

You sound like a young person. There is life and good credit after a mistake. It may take a few years, but hopefully you'll live that long.

I don't know if you'll go to jail. However, I do think you need the services of the best criminal lawyer you can afford. It's been my experience that the chances of jail time go down, as the quality of your lawyer goes up.

excon

So then , should I make an attempt to repay the money or wait until I go to court? I mean, I don't have the full amount, but I could start paying, would they consider that a sign of good faith?

And one more question... would a Legal Aid lawyer be as promising as a criminal lawyer that is hired? I just don't have the money to hire one and I know that I would likely qualify for Legal Aid. My court date is June 11th, 2007. Should I get a lawyer now or wait until the court date gets closer?

Sorry to ask so many questions, I just have no answers. I will however call LEgal Aid very very soon to allow the lawyer time to work on the case.

Ok, I guess I am having trouble knowing what you are suppose to be paying back and what you are charged with.

1. you had 27 K depoisted into your account ( I will assume this was not your money)

2. you paid some bills from this money

3. someone stole money from your account.

If someone stole money from your account and used your card illegally, you don't owe this money and don't have to pay it back, you reported I will assume this theft and they investigate and once they find you did not do it, they credit the money back to your account.

If YOU spent part of the 27 K on your own bills, you will owe it back, but I don't believe this is a criminal issue, but a civil issue.

So what are you being charged with? And what are they wanting you to pay back.?

Ok, What I'm being charged with is Theft over $5000 because of the money I paid bills with and the money I spent (totalling $9200). The other $5000 stolen, I do not have to pay back, they are charging the other individual with Theft under $5000. What they want me to pay back is the $9200. That's why they're charging me with theft over $5000.

Thanks.

Ok, I just don't see it as theft, since you questioned the money, I can see the civil case on it. Well time for a good attorney and perhaps if you work out a payment plan they will drop or suspect the charges.

So when I go to court in June, where I plead guilty, will they sentence me then and then take me to jail or do they set yet another court date and do sentencing then?

Whoa whoa... slow down there. Why so hasty to plead guilty? From the sounds of things, this was somewhat of a mistake. Granted, surely you knew that this money wasn't yours and you spent it anyway, but you DID say that you questioned things so there is a bit of muddy water here. Unless you know that you committed a crime and that you're 100% in the wrong here, don't be so quick to plead guilty. Of course, if you are guilty - by all means, plead as such.

If you're unsure I suggest that you phone some criminal lawyers (NOT just legal aid, but actual criminal lawyers who run their own practice) and ask about a consultation. Many lawyers will give you a free consultation to discuss the specifics of your case, your chances, etc. Again, many will do this for FREE. You have nothing to lose and everything to gain.

Legal Aid is a joke in most cases. They advise you to plead guilty, even if you have a case, and then "try" (I use the term loosely) to get you a reduced sentence. Speak to a lawyer and THEN weigh your options. Once you plead guilty, there's no going back.

Let me get this straight as well. The bank credited you with $27K. You told them it wasn't yours and they insisted it was. Do you have any copies of correspondence to back that up?

Because, if you can prove you told them it wasn't yours and they said it was, then they have some nerve charging you with a criminal offense. Frankly, I would sue them for false arrest in the amount of $10K. That will pay off your $9200 and give you a little for the trouble they caused you.

You DO owe them the $9200. No matter how much they insisted it was yours, if you knew different you should have just let it sit. But they have no call charging you for theft of money they insisted was yours.

By all means consult an attorney. A good attorney will see the case as I've outlined it and probably up the suit to $15K to cover his 1/3 and then take the case on a contingency basis.

DO NOT plead guilty. You are only guilty of bad judgement (in spending the money) but not of criminal action.

Small Claims Court limit is 10,000 in Ontario... it varies by province.

Listen to Scot, don't plead guilty and consider suing them for false arrest. And consult with an attorney.

I really appreciate all your advice, it makes a big difference to me. I don't even know enough to know that I don't know. You guys really help. I'll consult an attorney.

Thank you guys... BIG HELP!