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-   -   What is the likely punishment for debit card fraud first offense in Alberta, Canada (https://www.askmehelpdesk.com/showthread.php?t=467881)

  • Apr 29, 2010, 12:42 PM
    DisgustedwMyself
    What is the likely punishment for debit card fraud first offense in Alberta, Canada
    Hello, a few days ago I made the worst decision of my life and committed debit card fraud. I won't try to defend or justify what I did, I'm just a weak person under more pressures than I can handle. I live in Alberta, Canada. A customer at the business I work at left his card in the reader and I had observed him enter his pin. In the next few days I withdrew a total of 2400 from his account using ATMs on 3 separate occasions with 5 separate transactions.

    It has been a few days and I have decided to turn myself in. I had originally planned to confront the man personally and explain what I did, why I did it and beg forgiveness, but in a particularly strong wave of emotion I threw the debit card out the window of my car while driving, which I needed to figure out who he was. I cannot find the card, though I've tried for hours. Instead, I have now decided to get a lawyer and then, following his advice, turn myself in.

    I have two questions.

    How do I go about choosing a lawyer for this? Will any lawyer specializing in criminal law do fine? Does a more expensive lawyer mean a better one? Anything would be useful in helping me to choose one, since I am completely in the dark.

    Second, what is likely going to be my punishment? How likely am I to get the option of the diversion program? I am a 22 y/o male with no previous negative interactions with the police, a clean record and a will to stand up and take the heat. The worst thing I had before was a ticket for driving with no registration. Before that it was parking tickets.

    I have never felt so low. I can only sleep a few hours at a time if I'm lucky and I have no appetite. Sometimes I vomit. I often get chills, and if I think about it too deeply I shake uncontrollably. I have contemplated suicide. Every day I think of how I could be so cruel as to do this to someone when I know all too well what it is like to be in financial hardship.

    Any informed advice is deeply appreciated since I'm nearly incapable of straight thinking at this point.

    Thank you.
  • Apr 30, 2010, 07:15 AM
    JudyKayTee
    Quote:

    Originally Posted by DisgustedwMyself View Post
    Hello, a few days ago I made the worst decision of my life and committed debit card fraud. I won't try to defend or justify what I did, I'm just a weak person under more pressures than I can handle. I live in Alberta, Canada. A customer at the business I work at left his card in the reader and I had observed him enter his pin. In the next few days I withdrew a total of 2400 from his account using ATMs on 3 separate occasions with 5 separate transactions.

    It has been a few days and I have decided to turn myself in. I had originally planned to confront the man personally and explain what I did, why I did it and beg forgiveness, but in a particularly strong wave of emotion I threw the debit card out the window of my car while driving, which I needed to figure out who he was. I cannot find the card, though I've tried for hours. Instead, I have now decided to get a lawyer and then, following his advice, turn myself in.

    I have two questions.

    How do I go about choosing a lawyer for this? Will any lawyer specializing in criminal law do fine? Does a more expensive lawyer mean a better one? Anything would be useful in helping me to choose one, since I am completely in the dark.

    Second, what is likely going to be my punishment? How likely am I to get the option of the diversion program? I am a 22 y/o male with no previous negative interactions with the police, a clean record and a will to stand up and take the heat. The worst thing I had before was a ticket for driving with no registration. Before that it was parking tickets.

    I have never felt so low. I can only sleep a few hours at a time if I'm lucky and I have no appetite. Sometimes I vomit. I often get chills, and if I think about it too deeply I shake uncontrollably. I have contemplated suicide. Every day I think of how I could be so cruel as to do this to someone when I know all too well what it is like to be in financial hardship.

    Any informed advice is deeply appreciated since I'm nearly incapable of straight thinking at this point.

    Thank you.


    You say you won't attempt to explain or justify your actions - and then you go on to explain.

    However, I've seen excellent Attorneys who are very expensive to retain and excellent Attorneys who charge less. I would find an Attorney (and, yes, this is a criminal matter) and retain that person.

    I suspect you should do this quickly because if there are photos of you using the card you very well could be arrested at any time.

    I don't understand the "I panicked and threw the card out the car window" part. Hope no one else is using it because you're the one who provided it to them.

    I see this as more serious than shoplifting (which often results in diversion) and I do think you will get a fine and probation and, of course, a criminal record. I trust you are prepared to return the money to the cardholder. That will make the Court look a little more kindly on you.

    As far as the physical symptoms and thoughts of suicide - you need to speak to a medical professional.
  • Apr 30, 2010, 07:52 AM
    Fr_Chuck

    Yes, and it may be up to also if they do this as one charge or if they make each 5 thefts separate charges.

    Do you have the money to pay them back, if the court wants to know where the money went what is the answer if you used it to pay bills, or spent it on "things"

    But yes hire an attorney and do what they tell you, Also arrange bail and expect to have a criminal record
  • Apr 30, 2010, 08:22 AM
    excon

    Hello disgusted:

    You got GOOD legal advice so far, so I'm going to address your personal issues...

    You're 22 and you're going to be convicted of a crime. There's a LIFE to be lived afterwards, and a good long one at that.

    excon
  • Apr 30, 2010, 03:10 PM
    DisgustedwMyself
    Thank you for all the kind responses. As I said, I'm not in my best frame of mind. I'm sorry for the conflicting messages.

    I do not think it is likely anyone will find it let alone use it. It's probably buried in a farmer's field.

    All of the money is unused and intact except for about 80 dollars which is easily replaced. I am more than willing to give it back up.

    Thanks for the advice, I'm confident of my next course of action.
  • May 2, 2010, 10:42 AM
    DisgustedwMyself
    Hello.

    I am DisgustedwMyself's younger brother. I noticed a few days ago my brother wasn't talking with me, as he usually does online. He was acting normal around family. Well, I'm crying right now, and long story short: About 30 hours ago he shot himself.

    I want to thank you all for the great advice you gave him. I thought you guys might want to know. He left the money on his bed.

    As I just read this, I'm the only one in the family who knows exactly why he did this now. Everyone has been asking why.

    Maybe I'll continue with this conversation, maybe I won't.

    Bye
  • May 2, 2010, 06:25 PM
    ScottGem

    Thread closed

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