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smluck · Feb 9, 2009, 10:31 AM

Hi all

I feel very awkward writing this, because I never thought I would be in such a situation. But o well, that's life. Its actually about my husband, My husband has been charged with Theft from mail. The reason being that he was tricked by his manager into opening a parcel at work, and then his manager placed charged on him of stealing, the sad part is that the only evidence they have is of the security camera where my husband is caught opening the parcel, so no one believes that he is not guilty. Although the contents in the parcel had no dollar value as they were just not-for-sale samples. So now they have laid charges against him. He obviously has clean record, never been charged in the past. We have hired a lawyer but his tools to fight are only based on the fact, that he has clean record, is young ( 26 yrs old) and his volunteer work in religious institutions and all. Is that sufficient for the court to withdraw charges against him?

also, he is here on Work permit, I recently applied to sponsor him. Will these charges against him affect this immigration to canada?

any inputs are much appreciated.

Smluck

ScottGem · Feb 9, 2009, 10:36 AM

Have you seen the tape? What exactly does it show? Does just show him opening the parcel or does it show him removing and pocketing anything from within the parcel. What happened to the parcel afterwards.

If your attorney is any good, then he will be asking these questions. In my opinion for the charge of theft to stick, it would have to be shown that he not only opened the package, but took contents of the package out of the workplace.

Unless they can prove that, I think a jury will find him not guilty with his record, character references etc.

smluck · Feb 9, 2009, 11:11 AM

ScottGem, thanks for your reply. No I haven't seen the tape. Actually his workplace had a policy that if a mail was not claimed within 15 days then they would either return the parcel to the sender or would open to see if it has any perishable items in it, So he was asked by his manager to open the parcel at the end of his shift and dispose off the parcel. I know he shouldn't have done that but coming from his manager he didn't question it, only if he knew that his manager was trying to trap him into it out of personal jealousy and what not. As per what I am told, he left the contents there at work, but as I mentioned earlier the contents had no dollar value to them, So they are assuming that just because my husband realized that he would profit from the contents so he left them there, or else he would have them with him. But I will get more details from him later today.

Any more input?

Thanks

smluck · Feb 9, 2009, 11:12 AM

Sorry what I meant was" just because my husband realized that he would NOT profit from the contents so he left them there, or else he would have them with him. But I will get more details from him later today.

ScottGem · Feb 9, 2009, 11:23 AM

As your husband actually been charged by the police? I find it hard to believe that the police would pursue this matter. If he didn't take any of the items, then he didn't steal anything. Opening the package is not enough to charge someone with theft. Especially if there is a company policy on this.

I think your husband needs to find a new job, but I can't see this sticking based on what you have told me.