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-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   19, Theft under $5000 experience, ON, read if you are like me (https://www.askmehelpdesk.com/showthread.php?t=205368)

  • Oct 5, 2008, 07:19 AM
    s1976
    Hi ,
    I am in this situation as well - I'd a kid and got diverted and paid for half the items and forgot about the half for $73.I had a few questions for you since you went through this and I really am so scared and nervous. This is my first time and I panicked. I haven't slept for the past few days and this id driving me crazy. I need to know what will happen- My finger printing date is Oct 31st (got changed from the 22nd ) and my court day is Nov 12th (got changed from Oct 31st) . I haven't got the confirmation my mail, the police officer called me and advised me of the new dates. I am not taking an attorney with me . I hope I can get the diversion program since this was my first time and will be my last - I never want to go through this ever again and wish that no one else does either. We have travel plans end of Dec/ 08 and I am so worried that Ill not be allowed to travel since I am a criminal now... you said that you told your PO that you were to travel and he made the dates work for you, I hope I can do that too. Its my sisters wedding and I really don't want to mess it up. Also you said you got the diversion program and you had to write a apology letter and give money to charity and then you took the recipt to your PO and he cleared you. What does that mean? Do you have a n criminal record? With a diversion program I have read that you don't get that. Why are you waiting for 2 years then to clear it all off? If your fingerprints are stored for 2 yrs , does that come up as a criminal record with your name . For Passport & Visa purposes would they issue you one with a background i.e.?
    PLEASE HELP... Anyone!

    Please respond in the thread I started here:
    https://www.askmehelpdesk.com/crimina...ed-266295.html

    {Mod Note: Please don't piggyback your question on someone else's thread. Anyone wishing to repond to S1976 should follow the link to the thread he started. <>}
  • Oct 8, 2008, 11:58 AM
    s1976
    Quote:

    Originally Posted by agnathan View Post
    Hi everyone,

    I'm 19 years old and live in Ontario. A while back I was charged with theft under and possession under $5000 after taking items from a store. The security guard caught me and took me to the back, told me my rights, etc, and called the police; an officer showed up and told me what was going to happen, she gave me a fingerprinting date and a court date, then the mall security gave me a sheet of "intended legal action notice". The notice basically says they will be sending me a bill of the losses and if I don't pay it they will take me to court. DO NOT PAY THE BILL SENT BY THE STORE, I can't stress it enough, DO NOT PAY THE BILL SENT BY THE STORE. Just think about it, whatever you took can't be worth over $300~600, yet they are billing you for that much. The mall is taking advantage of you losing your mind over the matter - what REALLY pissed me off was that the officer even supported the security guard's argument.

    Anyway I had my fingerprinting about a month after the incident and it was an easy process that took about 15 minutes. I had my court date about a week or two after the fingerprint date. I went to the court about half an hour earlier and the court officer handed me a sheet and told me to go talk to a duty cousel who did all the paperwork, then the duty counsel sent me to the probation office (as I was offered the diversion/alt. measures program).

    I had to tell the probation officer what I did and why I did, just be straight forward and honest with your answers. Because I had to go out of province to work during the summer, the probation officer tried to work with my schedule and came up with a solution to have me finish the diversion program before I go (very nice). So I have to write an essay regarding the incident and donate $200 to a charity and show the probation officer the recipt, that was it. I walk away clean and they destroy fingerprints and records of the incident in two years, however at the end of the two years time I should go sk for a criminal record check to make sure that they have wiped the record.

    The probation officer was the one who told me that I didn't have to pay the $300~600 bill that the mall sent, unfortunately it was already a month since the notice so I have already paid it :( the officer even told me that the cops should've stayed out of it, she even gave me an article on it - so much for the cops being justice enforcers -_-

    One thing though, go to the court in at least a semi-formal attire to show them you take it seriously (attitude matters too of course).

    So, if you skipped the long writting or you read all of it, the take home message here is:
    - DO NOT PAY THE BILL THAT THE MALL SENT
    - Don't stress over it, you've made a mistake, just learn from it and don't do it again
    - DO NOT PAY THE BILL THAT THE MALL SENT

    Hope this helps

    P.S. Thanks everyone who helped me on the site before

    Hi There,
    SO how long was your probation period? And once you wrote your essay & paid the money to charity , you had to go back to your PO and didn't have to go back to court ever again? I am wondering how the procedure works , so if you could help me please. So your record will stay along with fingerprints for 2 yrs... But I read that if you get diversion , you don't get a record? Will this nor affect your travelling - passport/visa and all? Thanks in advance for all your help.
  • Oct 8, 2008, 12:00 PM
    s1976
    Hi There,
    SO how long was your probation period? And once you wrote your essay & paid the money to charity , you had to go back to your PO and didn't have to go back to court ever again? I am wondering how the procedure works , so if you could help me please. So your record will stay along with fingerprints for 2 yrs... But I read that if you get diversion , you don't get a record? Will this nor affect your travelling - passport/visa and all? Thanks in advance for all your help.[/QUOTE]
  • Oct 9, 2008, 03:50 PM
    latinian

    Hi agathan,
    I am now in the similar situation you were in. I am so scared. I have never broken the law before.
    What was the process you went through.
    I committed the crime about three weeks ago, and I haven't received anyhting until now, I got a business card from a cadet - summons server...
    What is that?
    And also how did you enrol in the diversion program, was it the officer at the court because you were early??
    Thanks
  • Dec 18, 2008, 09:44 PM
    ninetwentynine

    AGNATHAN.. please read my post and see what you think. Do I need an attorney.. where was your caselocated.. I'm in saskatchewan, canada.. do the same rules apply
  • Dec 19, 2008, 07:05 AM
    JudyKayTee
    Quote:

    Originally Posted by ninetwentynine View Post
    AGNATHAN.. please read my post and see what you think. Do I need an attorney.. where was your caselocated.. im in saskatchewan, canada.. do the same rules apply



    He has not posted since May 2008 -
  • Jan 4, 2009, 06:30 AM
    frankcai

    Thank you soooo... much,
    I was about to pay the bill when I saw this post
    And I called my lawyer and he said the same too.

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