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    babyblonde's Avatar
    babyblonde Posts: 8, Reputation: 1
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    #1

    Apr 17, 2009, 02:27 PM
    THEFT UNDER $5000 - second offence. (1st offence = theft from employer)
    I am 19 years old. Living in british columbia, canada. Yesterday me and my friend were shoplifting at metrotown mall.. we were being followed around the mall because of our big purses and did not know it until we went into "old navy" where we saw a bunch of bathing suits and flip flops and jammed them into our bags and tried to walk out of the store when we were jumped by 2 undercover detectives. We were read our rights and taken into the back room. They searched our bags and we admitted everything and gave it all back. I had items from another store in my bag as well..
    They added up the items, took me and my friend in cuffs to the cop car and read our records.
    Because my friend had no record, they let her go. But since I have done this type of thing before, I was taken down to the police department and given a fingerprinting and picture date. As well as a court date.
    Now this is where it gets scary and confusing for me...
    Last September I was working at "marksworkwearhouse" and stole $3000 from the company. Had a court date, got a (free) lawyer and paid all the money back in full. They dropped the charges once I had repaid the money.
    Since this is my second offence what could happen to me? Does the fact that the first time was from my employer make my case seem more severe?. even though charges were never pressed?
    Could pushing back my court date help in any way?. maybe push it back for long enough that they will throw it out?. ive heard that could work.
    What are the chances I will go to JAIL? I'm so terrified... please somebody help..
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Apr 17, 2009, 02:33 PM
    You are very lucky you weren't prosecuted more the first time. Are you sure you weren't put on probation the last time?

    The court will look at your previous record and note that charges were dropped because of restitution. Whether you do time will depend on how much the local prosecutor wants prosecute. But jail is certainly not out of the question.
    babyblonde's Avatar
    babyblonde Posts: 8, Reputation: 1
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    #3

    Apr 17, 2009, 03:08 PM

    no. I was not put on probation. Just paid the money back (in full) before the due date.
    They let me completely walk away.
    The situation was that I had a friend in serious trouble and had no money to help so in my STUPID mind.. I thought that doing fake refunds onto friends and my own debit cards would be a good way to help. STUPID IDEA I know. :S... will the "restituption" from the first offence make me look better in front of the judge? Or will pushing back the court date make me look careless and therefore treated harsher? Thank you so much for your feedback its helping a lot! :)
    I thought I had learned my lesson the first time.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Apr 17, 2009, 03:10 PM

    Restitution is going to look like you were trying to get out of jail time and a criminal record. A second offense is going to show you didn't learn a lesson.
    babyblonde's Avatar
    babyblonde Posts: 8, Reputation: 1
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    #5

    Apr 17, 2009, 03:51 PM

    What about pushing the court date back?. if there is a serious reason why I can't apear in court that day, would it be smart are very stupid to get a new court date.. I've heard they push it back about a year or so.. and if pushed back again from there they could just through it out eventually...
    I realise that this is DEFFINATLY not the best way to go about this.. but I've heard it can be a possible loop hole to getting off without going to court and my case being forgotten.
    babyblonde's Avatar
    babyblonde Posts: 8, Reputation: 1
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    #6

    Apr 17, 2009, 03:52 PM
    Would doing this make them come down harder on me?. or is it even relevant to my case at all.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #7

    Apr 17, 2009, 05:03 PM

    Generally court cases are often continued. So there shouldn't be too great a stigma, unless its perceived as just a delaying tactic.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,300, Reputation: 7691
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    #8

    Apr 17, 2009, 07:52 PM

    There has to be a reason to continue it,

    Also it is possible that you could be charged with two crimes, one for the store you were caught in and another charge for the one where you had the items still in the bag.
    babyblonde's Avatar
    babyblonde Posts: 8, Reputation: 1
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    #9

    Apr 19, 2009, 01:54 PM

    OK so your saying that there is a chance I will NOT go to court if I "cancel" that day.. (obviously for a very good reason)...
    And as for the other items, they took them out of the bag and asked if I stole them.. I just said "ya, ya just take them"... does that actually mean I admitted takiong them?. the other store had NO cameras and nobody saw me take the items... so is that possibly "reasonable doubt" that I didn't steal them because there's no proof?.

    Also, is there any opinions on what the typical punishment would be for this?. anyone know someone who is a second time offender for stealing and know what happened to them?
    Thanks :)
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #10

    Apr 19, 2009, 02:04 PM
    Quote Originally Posted by babyblonde View Post
    ok so your saying that there is a chance i will NOT go to court if i "cancel" that day.. (obviously for a very good reason)...
    and as for the other items, they took them out of the bag and asked if i stole them.. i just said "ya, ya just take them" ...does that actually mean i admitted takiong them? ..the other store had NO cameras and nobody saw me take the items... so is that possibly "reasonable doubt" that i didnt steal them because theres no proof?...

    also, is there any opinions on what the typical punishment would be for this? ..anyone know someone who is a second time offender for stealing and know what happend to them?
    thanks :)
    You admitted to stealing them, that's all the evidence that's needed.

    As for canceling the court date, I'm not a legal expert, but they'll probably just schedule another date and keep doing so until you show. I don't think this is just going to fade into the woodwork, you have to deal with it. You did the crime, now suck it up and take the punishment.

    As for what will happen to you. It depends on the judge, his/her mood, how he/she deals with cases like this etc. etc. You could get a fine, a slap on the wrist or time in jail. It all depends.

    I'm not sure about this, this is just what I've heard and also applies to Canada, I'm not sure about the US etc. A friend of mine in high school was caught shoplifting and did what you want to do. She kept postponing the court date. After the 3rd time, the judge just issued a warrant for her arrest and she was charged with the original shoplifting charge and another charge for not showing up in court.

    You're better off to just face the music, take your punishment, learn and move on.

    Good luck.
    emery's Avatar
    emery Posts: 92, Reputation: 2
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    #11

    Apr 20, 2009, 05:35 AM

    I agree with above poster and also think based on the fact that you obviously did not learn a lesson that you will not walk away this time. Most likely no jail but should be a criminal record.

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