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    pjdriedger's Avatar
    pjdriedger Posts: 3, Reputation: 2
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    #1

    Oct 8, 2006, 08:27 AM
    Theft Under 5000
    My son was arrested for stealing cigarettes from a store he worked in. The cops came into his apartment and searched his place with no search warrant and then arrested him. He is 18 years old and we live in Canada. What should I do? Hire a lawyer? Could he get jail for this?

    Yes, it was a moment of stupidity that my son took the cigarettes. The cigarettes were found at a friend of my sons house, and this so called friend gave a statement saying they were my sons. Can a statement from one person result in these charges against my son?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 8, 2006, 08:55 AM
    Hello pj:

    I'm an American, and the laws are different. He's 18, and under American law would be treated as an adult. Can he get jail for this? Even in Canada, where things make more sense, stealing COULD result in jail. WOULD it? Lots and lots and lots of factors come into play. LOTS.

    Cigarettes? What did he tell you? A few packs? Maybe a carton or two? Come on Mom, cops wouldn't bust him for that.

    If it were me, and given that a criminal record is much worse than a few days in jail, I would hire a lawyer for him.

    excon
    pjdriedger's Avatar
    pjdriedger Posts: 3, Reputation: 2
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    #3

    Oct 8, 2006, 09:50 AM
    Quote Originally Posted by pjdriedger
    My son was arrested for stealing cigarettes from a store he worked in. The cops came into his apartment and searched his place with no search warrant and then arrested him. He is 18 years old and we live in Canada. What should I do? Hire a lawyer? Could he get jail for this?
    He stole a case of cigarettes, not just a few packs or cartons. He is being charged with theft under 5000.
    phillysteakandcheese's Avatar
    phillysteakandcheese Posts: 973, Reputation: 356
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    #4

    Oct 8, 2006, 10:09 AM
    Why would he suddenly steal a case of cigarettes from his employer? Was it a moment of stupidity, or is there more to this than you have posted?

    If it was a moment of stupidity - I think it is unlikely that this single event will result in jail time.

    And you do need a lawyer - whether your own or one through legal aid.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #5

    Oct 8, 2006, 01:14 PM
    I agree with excon and philly,

    Hire a lawyer.

    Odds are he will NOT get any jail time, but get a lawyer all the same.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Oct 8, 2006, 07:39 PM
    Hiring a lawyer is a good idea. A lawyer will know whether the evidence is admissible given that it was acquired without a search warrant. Is your son in fact guilty of this crime? It sounds like everything is very circumstantial. Let a professional do your fighting for you.
    pjdriedger's Avatar
    pjdriedger Posts: 3, Reputation: 2
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    #7

    Oct 9, 2006, 07:39 PM
    Quote Originally Posted by phillysteakandcheese
    Why would he suddenly steal a case of cigarettes from his employer? Was it a moment of stupidity, or is there more to this than you have posted?

    If it was a moment of stupidity - I think it is unlikely that this single event will result in jail time.

    And you do need a lawyer - whether your own or one through legal aid.
    Hi
    Yes, it was a moment of stupidity that my son took the cigarettes and the cops did not find the cigarettes in his house, they were at a friends house and the friend gave a statement that they were my sons cigarettes. Can a statement from one person result in these charges against my son?
    Saboor's Avatar
    Saboor Posts: 1, Reputation: 1
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    #8

    Oct 29, 2010, 11:06 PM
    Im quite late, but to build up on this for anyone else who finds themselves in this predicament:
    I was arrested and charged for theft over $5000 (automaticly indictable) amounting to ~$25 000 in Alberta. At the time I was 16 therefor I was able to make a plea agreement under the Youth Criminal Justice Act. The minimal sentencing had I chosen to go to court was, as set by precedent for the nature of the theft, in fact 2 years. I was able to get probation (until I reached the age of 18) and a restitution agreement which including community service and several "rehabilitation" courses.
    I hope in some ways this shines light on the variability and possibilities of punishment.
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