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-   -   CAUGHT Theft under 5000 (https://www.askmehelpdesk.com/showthread.php?t=94474)

  • May 24, 2007, 09:47 PM
    joecool5
    Oh you cannot destroy the finger print... and NO ONE showed up?. does that mean that you could have been plead not guilty since no one was there to accuses you... and you MIGHT be eligible..?. there is a chance that YOU might NOT... really no why that means I might be SCREWED... umm for your program.. where did you attend that... where is it.. how do you SHOW that you are a good person:)... so that means you don't have a criminal record... but the police HAS a record if you get caught?.
  • May 25, 2007, 04:48 AM
    ScottGem
    You can't go by one person's experience in a different court. You have to assume that the court is not going to make it easy on you and you have to stand up for yourself. DO NOT take the chance that the court will offer diversion, make sure you find out about it beforehand! It might not be necessary for your accusers to be in court at this point. The arresting officer is not necessary since he didn't witness anything. A store representative may or may not be there, but the prosecutor will have a statement from them. If you plead guilty then they don't need to be there. If you plead not guilty, then a trial date will be set and they will show up then.

    Don't take a chance since you WILL lose a trial. Get the diversion nailed down. Also, you should have no need to worry if the police have a record of this little escapade, you aren't planning on doing this again, are you?
  • May 25, 2007, 06:17 PM
    joecool5
    Oh... but I am pretty sure that I can ask for a diversion... because the legal aid lady told me that I could... and there is no point of her lying... she is like its your first time... and like the store got their items back...
  • May 26, 2007, 03:19 AM
    ScottGem
    Quote:

    Originally Posted by joecool5
    oh... but i am pretty sure that i can ask for a diversion... becuase the legal aid lady told me that i could... and there is no point of her lying... she is like its your first time... and liek the store got their items back ...

    We've been telling you you CAN ask for a diversion. But BEFORE you go into court.
  • May 30, 2007, 01:46 PM
    H3ll0
    Quote:

    Originally Posted by bhayne

    Upon completion, you receive no permanent record of the crime. I'm not sure, but I do not believe that fingerprints are removed from the system so that you can forget about repeating the program if you repeat the crime.

    Fingerprints/identification are removed from the system automatically after 6 months or you can apply to have them removed early upon clearing up your record at the court. Early removal is 2 weeks time line. Now this is in Alberta but I would imagine it is the same in other provinces since theft under 5K is a federal crime.
  • May 31, 2007, 06:30 AM
    leilaa111
    Quote:

    Originally Posted by joecool5
    i am 19 years of age, and i was arrested and charge with theft under 5000 AT walmart, i know this is a stupid desicion on my part. and i would do ANYTHING to change that what thats too late now, so i had a date for fingerprinting (May 23rd) and a court date (MAY 30). was arrested on may 2nd. I live in toronto, Canada, and i went to seek help, went to the went to the Legal Aid office for some help. and they told me that they cannot give me a lawyer since i have no chance of goin to jail, (its my first offense)and i asked them if i will get a criminal record they told me i probably wont, and they told me i have to go to the court earlier in the same day and ask for a "divertion" and they wont even put me through the court and everything, they said i just probably have to do some service, and maybe attend some classes. is this TRUE?... cause i dont have a LAWYER , i am just planning to go by myself and follow what the legal aid lady told me to do.... is this the right way to go about it ? what about my fingerprints and everything?... what about my future will it be affected?
    thanks for your help...if anyone knows what i should do now? just wait?

    Its beter you do get a lawyer cause your not under 18 u will get a bad record 4 probabley 5yrs ithink you won't go 2 jail cause its your 1st offence if you re ofend different issue but you can get a lawyer and she will tell you what's going on there are government lawyers you don't have 2 pay
  • May 31, 2007, 06:54 AM
    ScottGem
    Quote:

    Originally Posted by leilaa111
    its beter u do get a lawyer cause ur not under 18 u will get a bad record 4 probabley 5yrs ithink u wont go 2 jail cause its ur 1st offence if u re ofend differnt issue but u can get a lawyer and she will tell u whats going on there r government lawyers u dont have 2 pay

    First this is not a IM or chat room. We don't need to use chatspeak here. You will be more understandable if you write in full words.

    Second, With a first offense as several others said there is unlikely to be anything on the permanent record.
  • May 31, 2007, 03:56 PM
    joecool5
    Hi guys... just went to court today... and I didn't have a lawyer... went to duty council... and she helped me out a lot... and guess what I AM free... just had to donate some money... and don't listen to the people that is telling you to get a lawyer on this forum... if you Don't need one... meaning... first offense... then you Don't need one... if the WORSE comes to WORST... when you go and you DO need a lawyer.. the duty council will ask you to ASK the judge for like four weeks or something... THEN get a lawyer... no point of spending useless money... when you Don't have to...
  • May 31, 2007, 05:32 PM
    ScottGem
    Quote:

    Originally Posted by joecool5
    hi guys.... just went to court today..... and i didnt have a lawyer... went to duty council ... and she helped me out a lot....and guess what I AM free... just had to donate some money ..... and dont listen to the people that is telling you to get a lawyer on this forum... if you DONT need one... meaning .... first offense .... then you DONT need one... if the WORSE comes to WORST.... when you go and you DO need a lawyer.. the duty council will ask you to ASK the judge for like four weeks or somethign... THEN get a lawyer..... no point of spending useless money... when you DONT have to ....

    Glad it worked for you. Most of the responses predicted that, but the advice to not get a lawyer is not good advice. In this case it may not have been needed. But often a lawyer can help you avoid the trouble where you find you need one.

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