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    sammie88's Avatar
    sammie88 Posts: 20, Reputation: 1
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    #1

    Dec 12, 2011, 09:00 PM
    Charged with Theft under, crossing border
    Just a Canadian with a quick question regarding crossing the border. I was accused of theft under 5000, except I haven't even made my first court appearance yet. Given that the American border guards are known to be very picky with those who have criminal records, am I going to be able to pass safely?

    As I've said, I've been accused of the crime; I don't have a criminal record yet (hopefully I won't have it later on, too), and no formal court procedures have been made to prove me guilty yet.

    I've already crossed once with my family, and I'm not sure if the guard did a random record check or not; all I know is I passed through safely on that particular occasion.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7691
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    #2

    Dec 12, 2011, 09:08 PM
    Merely being charged should not be an issue. Are you out on bail ? If so are their restrictions on travel ?
    sammie88's Avatar
    sammie88 Posts: 20, Reputation: 1
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    #3

    Dec 12, 2011, 09:47 PM
    No, I'm not on bail. When I was arrested the police merely gave me a document ordering me to appear for a fingerprinting and also to appear in court.

    Being "on bail" means that one was detained in jail until someone paid to bail them out, right?

    The reason why I'm so worried is because even though I don't have a criminal record, they DO have a record in the police files that I was accused of a crime. I'm concerned that US border patrol might be able to see that.
    sammie88's Avatar
    sammie88 Posts: 20, Reputation: 1
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    #4

    Jan 19, 2012, 01:41 PM
    Hello, just returning to update this thread a bit as I had said I would update my situation. After having appeared in court a week or so ago, I spoke to duty counsel at the courtroom who immediately recommended I apply for alternative measures (diversion).

    I found it somewhat strange when I asked him, "What about the aggravating factor? I stole from my employer." when he instructed me on how to fill out the diversion application, but he simply told me not to highlight that fact, and to express my remorse. I did that to the best of my abilities.

    When my case was called, I received my 'particulars' (a darn big package if you ask me) from the Crown; in exchange I gave her my diversion application. She said she had enough time to read it through that day, although the Judge (or Justice of the Peace?) present in the courtroom ordered me to return in about tw weeks' time.

    I am a bit confused as to what my situation is right now, but I guess considerations are being made for diversion? I looked through my particulars and was somewhat distressed to find that the Crown did not name a potential sentence in the Initial Sentencing Position seeing as she wrote she was still seeking some kind of investigation report because the crime involved internal theft.

    By the way, I have made restitution in full and mentioned it in my application. Back in court next Monday.
    sammie88's Avatar
    sammie88 Posts: 20, Reputation: 1
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    #5

    Jan 19, 2012, 01:43 PM
    Oops, I am sorry. Posted in the wrong thread.

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