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stupidgirl · Dec 7, 2006, 10:09 PM

Hey,
I just got caught stealing from the Bay (HBC). I was first put under arrest.. brought into the back of the store and they took all of my information etc. etc.
They checked my criminal record and everything, and since I don't have one they did not charge me but I'm not allowed going into any HBC company for a year, and I am being fined. They also said this will not show up on my criminal record.
However, I'm a bit confused because technically they put me under arrest, and they are fining me and they also said I probably won't have to go to court but I MAY have to do some community service.
I'm just wondering if it will actually not be on my record (I want to be a lawyer.. ) and also does anyone know what kind of fine I'm looking at paying? The items I stole added up to about $200.00.
Any advice helps!!
Thanks so much
Stupid stupid STUPID girl.

kp2171 · Dec 7, 2006, 10:43 PM

I'm not an expert in this area, but I know of a situation, but not all the details, similar to this.

Two girls caught lifting some stuff. I think they got a note from the companys law firm. She had to pay something like above a hundred dollar fine... but I don't know the exact amount... and agree in writing she would not go to the mall again... and I think there was nothing that was going to be put on the criminal record.

Like I said, I don't know all the details. Others here will likely have better answers. If the company lawyer sends you a notice like this, I'm guessing you need to pay the fine and be done...

Now you need to wait for others to read and post. Like I said, I'm not an expert on this, but I heard something similar to it.

ScottGem · Dec 8, 2006, 06:56 AM

There are several other threads here that describe similar situations to yours. I would scan the forum and review them.

You say "put under arrest.. brought into the back of the store". Arrest by whom? Unless it was a lae enforcement officer and not the stores security you weren't arrested. Generally, an arrest involves being taken down to the police station. So I doubt if it will be on your record.

What you can probably expect is to receive a letter from HBC offering to settle for about $500. Apparently Canadian law has upheld the right of retailers to do this to act as a deterrant to shoplifting (see similar threads).

stupidgirl · Dec 8, 2006, 01:41 PM

The security personnel from the mall/ Bay were the ones to put me under arrest. They were undercover cops. They have the authority to arrest any shoplifters..

ScottGem · Dec 8, 2006, 01:57 PM

Did they tell you that? And you believed them? The ONLY time a cop might work undercover to catch shoplifters if there was evidence of a systemic theft going on. The police don't have the man power to stakeout a store or mall to catch petty thieves.

These were rent-a-cops. Mall or store security personnel who do have the authority to detain people caught in the act of shoplifting. But they have no power to arrest. At the most they might have been off duty local cops moonlighting as store security.

CaptainForest · Dec 8, 2006, 03:27 PM

How old are you stupidgirl??

s_cianci · Dec 10, 2006, 05:48 PM

If they're not charging you, then there's no fine and no record. This sounds like another very similar thread posted in this section - you may want to check it out. The store cannot "fine" you ; only the court can do that. But there has to be charges pressed first.

ScottGem · Dec 10, 2006, 08:16 PM

Originally Posted by s_cianci

The store cannot "fine" you ; only the court can do that. But there has to be charges pressed first.

I suggest you check out the case law listed in that similar thread. It appears that Canadain law has legalized this extortion.

natalija · Dec 11, 2006, 01:31 PM

According to s_cianci "If they're not charging you, then there's no fine and no record. This sounds like another very similar thread posted in this section - you may want to check it out. The store cannot "fine" you ; only the court can do that. But there has to be charges pressed first."
So it means if there is a fine, it is recorded and it shows in the background check to get a job!
I had the similar situation except that They fined me for 65 dollars and I had to send it to the court. Pl;s clarify this issue, I am so much confused and still scared of my security clearance

Thanks
Natalija

ScottGem · Dec 11, 2006, 01:41 PM

Natallija,
I don't recall you mentioning that you paid a $65 fine to the courts. Did you tell us that. That would indicate there is something on the record. How it will affect your security clearnance we can't know.

natalija · Dec 11, 2006, 02:01 PM

I gave 65$ to the "Treasure of the city of Ottawa" because the police gave me a ticket (offence ticket)
What can I do now? I should not have post it? I did post it today, I can go back to the post office. It looks like a traffic ticket, but he wrote there (theft)... I had to sign that I am guilty and post the ticket + money order which I did 1 hour ago

Help

ScottGem · Dec 11, 2006, 02:09 PM

When did this happen? You never mentioned this before. BTW, I assume it was Treasury of the City of Ottowa.

But anyway its done. As soon as he wrote that ticket you had no other choice. The question, and I don't know the answer, you have to ask the city of Ottowa, there will now be a record. Whehter that record will show up in a background check, security check or what I can't tell.

stupidgirl · Jan 5, 2007, 03:45 PM

I'm 18.. I still haven't heard anything, but obviously this isn't a priority for them..

ScottGem: How is it that they read me my rights and all that if I wasn't actually arrested...

Does this mean it will show up on my records when a background search is performed when I'm applying for a job?

ScottGem · Jan 5, 2007, 08:57 PM

Anyone can read you you rights. That was probably done more as a scare tactic. I doubt if anyhting has been entered on your record.

stupidgirl · Jan 17, 2007, 01:28 PM

So I just got fine $475.00 as a settlement... kk

sxe_van · Sep 5, 2007, 02:01 PM

OK I was reading the post about security cannot arrest you? Are you sure this is true in canada? Because I was just caught shoplifting in walmart and I was leaving the store and the security guard came up and brought me back in and he said, and I quote "I am arresting you for theft under $5000..." and then a few minutes later I was talking on the phone while I was in the room waiting for the cops to come and I had said "they are waiting for the cops to come to arrest me" and the security guard had said "no, you are already arrested, we are just waiting for the police to take you to the police station(which they didnt even do, they just made a court date and let me go)"

ScottGem · Sep 5, 2007, 02:16 PM

Anyone can make a citizen's arrest. The terms used are immaterial. What's important is that the crime was reported to law enforcement officials, who setup a court date for you to appear.

berrybunny · Oct 26, 2007, 05:55 PM

I can relato to u. I got caught stealing at the bay and they found out I did this before, so I'm in a worse situation. I no how you feel. Dun think u'll get a record, though.

Good luck!

helpppme · Jan 15, 2008, 05:38 PM

Hey stupidgirl (haha),

I was caught shoplifting as well from zellers
I want to be a lawyer too.:(

I just got the fine today
It's $475

kelly_1987 · Sep 25, 2008, 02:26 PM

Hey helpppme.. I have a question for u.. What was the total amount of the thing you stole? Do they charge you 475 no matter how costly or cheap the stolen thing is? And after how many days did you receive a letter from hbc?