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System
Jun 11, 2008, 05:47 PM
So the other day My kid brother did stupid Stuff
He Went To Wal - mart And decided To Steal 29.99 Headphones...
He was easily caught and apprehended, police were called and he was given a ticket
He has to go appear in court now, but he has a lot of worries / troubles
As do I. I need to know these questions

1. He is a first time offender, and his notes / records are clean... Is he gonna get off easily?
2. Will he receive a criminal Record Once he pleads guilty?
3. Should He get a lawyers Help? Or should he just do it himself, and tell the truth
4. Will he receive community service hours? or Sent To a juvenile detention center?
5. Will The information Of Theft under 5000 be recorded on a criminal record? and or stored on a police record?



Thank You For The Help
AND P.S. HE LIVES IN CANADA, AND THE CRIME WAS COMMITTED IN CANADA
And My Brother Is Only 14,
:(

N0help4u
Jun 11, 2008, 06:11 PM
From what most kids from Canada and the USA that shop lift tell me.
There are a lot of posts by minors that shoplifted in Canada.
https://www.askmehelpdesk.com/criminal-law/19-theft-under-5000-experience-read-if-you-like-me-205368.html?highlight=shoplifting+Canada
He will have to pay fines/fees/restitution and take classes (Go by whatever the Queen says and not the police or the store) Ask for Alternatives classes and diversions.
IF he stays out of trouble for xx amount of time he can ask for his record to be expunged.
Allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed
Also you may qualify for a public defender.

ScottGem
Jun 11, 2008, 06:15 PM
Just search this forum for Theft under 5000 and you will find several threads all with the same issue. The onlt difference is your brother is youngrt so stands a better chance of getting off lightly THIS TIME.

System
Jun 11, 2008, 06:18 PM
Well that's the thing, you guys didn't answer my question(s)
And the manager told us that the wal-mart doesn't ask for restitution orders

ScottGem
Jun 11, 2008, 06:23 PM
Yeah we DID answer your questions as best we could. We can't prodict what a court will do.

System
Jun 11, 2008, 06:25 PM
Well my big concern is a criminal record? Will he receive one?

N0help4u
Jun 11, 2008, 06:28 PM
It will most likely be on his record but he can ask for expungment after so many years.
Often they will seal a record too so that not everybody can see it.
It is up to the Queen also he needs to be remorseful and cooperative for it to work better to his favor.

System
Jun 12, 2008, 06:17 PM
Well he's only 14
ANd this is his first offense ever

J_9
Jun 12, 2008, 06:24 PM
On my way into court today I broke my crystal ball... So I can't predict whether he will get a criminal record or not.

This is all up to the judge and wal-mart to decide? Should he get a criminal record? Yes, he broke the law.

Get an attorney to protect his interests.

System
Jun 12, 2008, 07:19 PM
K we asked our father, and he has told us this
" You dont receive a criminal record when your under 18, you only recieve a juvenile record,
and once you turn 18 it is deleted and erased "
I looked it up, and it seems to be true

ScottGem
Jun 13, 2008, 05:48 AM
In the first response to your question NoHelp4u spoke about a "diversion" and said that after completion of the requirements the record would be expunged. In my reply I urged you to scan some of the very similar threads which all talk about the same thing. So the answers were there for you.

Your dad is partially correct. This will go on his juvenile record, at 18 the juvenile record is sealed, not erased. But if he gets a diversion, then the record of this will be erased.

emery
Jun 13, 2008, 07:26 AM
Yes, you won't have a crminal record, but there will be a police record of the arrest.

N0help4u
Jun 14, 2008, 08:51 AM
K we asked our father, and he has told us this
" You dont receive a criminal record when your under 18, you only recieve a juvenile record,
and once you turn 18 it is deleted and erased "
i looked it up, and it seems to be true


That is what I am saying but he needs to go to court when he is 18 and ask to make sure it was expunged or sealed. If he gets in trouble in the future it is quite likely they may not expunge it.