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Home > Law > Criminal Law   »   Can you strike a "theft under $5000" charge from your record?

 
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Old Apr 9, 2008, 03:42 PM
minoui
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Can you strike a "theft under $5000" charge from your record?

Ok, so this just happened today. I made a stupid mistake. I am broke and needed a part in order to complete a job for work. I went into a store and put it in my pocket. When I left the store three staff members came running out and stopped me. When asked for the part I gave it back and they took me inside. One staff member then searched me for anything else I might have (I had nothing else). The police never came but the staff member said that a letter will come soon with my court date and a time to go down for a photo and fingerprints. This is my first time doing anything like this. I have never been charged with anything ever and just made a really bad choice. I am in my mid twenties and live in Manitoba, Canada. The part was worth $60. Is there any way to get out of this charge? Or, is there any way to have it stricken from my record after? Also, what does a record like this affect in my future? For example, I want to buy a house some day, will this affect getting mortgages? Oh, and can the store staff search you? I heard that they are legally not allowed. I just want to know what happens next and if there is any way to "fix" my mistake.
Thanks.

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Old Apr 9, 2008, 04:08 PM   #2  
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I don't know how they can get you a court date if they didn't even get the police there to make a report. Are they allowed to call the police and make a report AFTER you leave the store in Canada? If they are that doesn't seem right to me. What all did you sign? Did they take all your information?
If you are charged and convicted you can get it expunged from your record eventually but have to live up to the requirements such as staying out of trouble for xx amount of time, taking alternatives program and paying any fines.
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Old Apr 9, 2008, 04:08 PM   #3  
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Got a great incentive for any future problems like this for you. Don't take things that don't belong to you without paying for them. If you just get a fine and pay that and have to give your fingerprints, etc. this would be just considered a shoplifting offense. If the store employees saw you put the part in your clothing, yes they can search you. There is nothing you can do now to fix anything except to do what is required of you on this offense.
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Old Apr 9, 2008, 04:19 PM   #4  
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Quote:
Originally Posted by twinkiedooter
Got a great incentive for any future problems like this for you. Don't take things that don't belong to you without paying for them.
Umm... obviously. As I said, I made a huge mistake. I am working, trying to make money, and I have never, ever done anything like this before. I have been a model citizen so to speak. I am human though, unfortunately.
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Old Apr 9, 2008, 04:24 PM   #5  
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Quote:
Originally Posted by N0help4u
I don't know how they can get you a court date if they didn't even get the police there to make a report. Are they allowed to call the police and make a report AFTER you leave the store in Canada? If they are that doesn't seem right to me. What all did you sign? Did they take all your information?
They took all of my info, asked a bunch of questions, I signed nothing. They said they have it on tape but I didn't see the tape.
As for the other questions, I have no idea. I have never been in trouble before so I don't know any of the rules.
I am so embarrassed of myself.
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Old Apr 9, 2008, 05:50 PM   #6  
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Ok, most likely nothing will happen, normally the police come, and they give you a date to go to the station to be photo'ed and finger printed, and then you get a court date.

so since they did not call the police I first think nothing will happen.
Now if they do set a date for photo and prints and a court, you get an attorney and try and get it taken care of, where you will have it dismissed after doing this or that.

So for not, just sit back and wait.
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Old Apr 9, 2008, 06:25 PM   #7  
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but is it that way in Canada or just the U.S.? That is my concern. And can it be dismissed if they have a tape? Argh, I am so confused.
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Old Apr 9, 2008, 06:49 PM   #8  
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no, I am speaking of Canada, in the US, the police come and take you to jail THEN, and photo and fingerprint you, they don't give you a date to report.

Now the store can always still press charges, and the police will come see you, But if they did not have the police come to the store, I don't think anything will happen.
** been wrong before of course, but this is normally.
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