Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Theft Under $5000, 18 YO, @ Calgary, AB, CANADA (https://www.askmehelpdesk.com/showthread.php?t=252507)

  • Aug 24, 2008, 04:58 PM
    Manashiquetam
    Theft Under $5000, 18 YO, @ Calgary, AB, CANADA
    Hi there,

    I was caught shoplifting a sweater from The Bay recently, and I have a notice to appear in court, and finger printing. The item was about $80.

    This is my first conviction of any type, I have never been in trouble with anything else.
    I know that there are many threads about First Time Theft Offences, but I cannot relate to many of the answers due to the various regions, etc.

    I am very sorry for what I have done, and I was thinking of writing a letter to The Bay, apologizing for what I have done, not for them to drop charges, but for them to understand that I am sincere about my mistake.

    I am also unsure of how to pursue this case, about asking for help, and where to go for help.

    Also, I am a Pre-Med student, and I will not be able to Practice Medicine if I have a criminal record. I am also a volunteer at a Regional Hospital, working with medical staff and patients, and I am afraid if I will have a permanent criminal record, that I will not be able to volunteer and have a job.


    I am honestly, lost and am unsure what to do.

    I do live with my mother, and as the police have my home phone number and home address, will they be sending me anything?

    If this helps.
    My court appearance is Sept 26. My fingerprinting/ photos are due Sept 12.


    I know I have written a lot, but it is hoping that it will help you help me.

    In the store, I was taken in by Security, and the Police Officer said that I was uncooperative, because I would not sign things, if I did not have to.

    I am very anxious, because I was defensive, nervous, and shaking when they were asking me questions.

    Any help will be appreciated.

    Thank you in advance.
  • Aug 24, 2008, 05:36 PM
    IamDummy
    I am not sure about canada but unless a police officer in the states reads you your 'Miranda rights' anything you say or do can't be used against you in a court. Also they can't have you sign stuff if you are unaware of what it was/is with out a lawyer present. And then if the cop made you sign or say something by threating you (if you don't sign/admit this you'll be in jail for 5 years instead of 1 etc) that is also unable to be used, it could even be grounds for the entire case to be dropped.
  • Aug 24, 2008, 05:47 PM
    Manashiquetam
    Thank you very much for the information. It will help much more if anyone who knows more, and is familiar with how things run in AB (Canada) in these situations.
  • Aug 24, 2008, 05:47 PM
    ScottGem
    I'm not following why you can't relate to the many other threads similar to yours. Basically its Canadian law to provde a "diversion". A diversion will leave you without a record. So go to your local courthouse and ask about it like it was advised in dozens of other threads.

    P.s I'm afraid your first response does not really apply to you.
  • Aug 24, 2008, 05:59 PM
    Manashiquetam
    Quote:

    Originally Posted by ScottGem
    I'm not following why you can't relate to the many other threads similar to yours. Basically its Canadian law to provde a "diversion". A diversion will leave you without a record. So go to your local courthouse and ask about it like it was advised in dozens of other threads.

    P.s I'm afraid your first response does not really apply to you.

    Hi, I'm really anxious and confused right now, and the more info I read the more confused I get due to my situation right now.

    I appreciate what you have said, Thank You.
  • Aug 24, 2008, 06:17 PM
    ScottGem
    I've read and participated in many of the threads that bear on your situation. So I really don't understand what's confusing you. I understand your anxiety, but that's all the more reason to read slowly and carefully.

    Again, the information about a diversion has been stated clearly and been given in multiple threads. The info is that a diversion is available to first time offenders and results in no criminal record. So take heart in that and go talk to your local court about it.
  • Aug 25, 2008, 08:35 AM
    yuesakura
    Hi,

    I was caught shoplifting at the Bay in Calgary too. It was my first time caught(I've stolen before) with $200 worth of stuff.

    Im not sure if my situation will apply to you but here's what happened:

    The loss prevention officer brought me to a room and ask me some personal information.. then they called the police and my parents.. after they came they asked my parents to sign some papers. One is about banning me from all HBC store for a year and the other is about they(the store) are going to charge me for shoplifting. Then I went home.

    A few weeks later I received a letter from police stating that they've enrolled me into an anti-shoplifting program instead of going to court. They said because there's too many people waiting for court at the time so they sent me to the alternative program right away. I was required to talk to the program's officer so they can decide whether the program's right for me or not.

    In the program we just talked about shoplifting.. like how it's bad and the effects on people and stuff.. the staffs are really nice and girls and guys are in separate rooms.. it's suppose to be from 8-3 but the actual thing was from 9:30-12:30. I actually liked it there... afterwards they will mark you as 'attended the program' and they might sign a paper stating that you haf completed the program. If you're going to court then bring the paper back to court with u.. it's proof that u've completed the program.

    You don't really have to write a letter to the Bay... the letter will probably not reach the loss prevention officer that caught you and other people will not care at all. Sometimes after you get caught they will send you a 'shoplifting fee' just to rip you off... my friend accidentally took a $3 soda because she only remembered to pay for the chips on her right hand not left hand.. they charged her theft under 5000 and she has to pay $105 for it... it was a lesson for her but it was also a huge rip-off... the loss prevention officer might not be interested to charge you fees when they released u... but if they received the letter they might remember and charge you more... usually at least twice or triple the amount stolen... I didn't write a letter to them and I didn't receive any fees... but even if I did receive a notice I wouldn't pay the fee... it takes them over 2000 dollars to start a civil trial, they wouldn't pay that much just to receive some $200 fines from you...

    The court will probably send you to a alternative measures program, when I was attending the program there were 2nd time offenders and even a 3rd time... so a you should be able to get into the program... if you get into the program you will not have a criminal record, when employers look for your information it will either say 'sanctions completed' or it appears to have no record. But if you get charged a second time then the 1st time sanctions will appear and yea...

    It's your first time, learn from your mistakes and move on, just don't do it again or it will ruin your life...

    You'll have nothing to worry about if you haven't shoplifted from the same store before.. for me I have stolen many times from the same store and now I'm worried that they will find out...

    Best wishes to you! :)
  • Aug 25, 2008, 08:52 AM
    JudyKayTee
    Quote:

    Originally Posted by IamDummy
    I am not sure about canada but unless a police officer in the states reads you your 'Miranda rights' anything you say or do can't be used against you in a court. Also they can't have you sign stuff if you are unaware of what it was/is with out a lawyer present. And then if the cop made you sign or say something by threating you (if you dont sign/admit this youll be in jail for 5 years instead of 1 etc) that is also unable to be used, it could even be grounds for the entire case to be dropped.



    The info about the reading of Miranda rights is not 100% correct and not in all cases.
  • Aug 25, 2008, 08:54 AM
    JudyKayTee
    Quote:

    Originally Posted by Manashiquetam
    Thank you very much for the information. It will help much more if anyone who knows more, and is familiar with how things run in AB (Canada) in these situations.


    Here's Canadian law:

    "Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

    If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision. "

  • All times are GMT -7. The time now is 12:01 PM.