Ask Me Help Desk - Theft Under $5k, but didn't steal anything?

This is going to sound rediculas but it's a real issue and I need some real help.

I am currently unemployed and a bit down on my luck (which is NO excuse) but I went into a Costco with the intent to steal.

I removed some items from their packages within the store, but at the end I just couldn't do it. Its not in my character... so I left the items on a box in an isle in plain site for the employees to find and left the store.. upon leaving the store I was greeted by 2 officers and arrested and charged with theft under $5000. I don't understand how that happened? I didn't actually steal anything?

Also I was with my roommate at the time, and he was charged also with the same offence. We live together and one of the terms the officers gave us was that we could NOT be around each other? But we live togther and are on the lease together for 12 months? We both don't have anywhere else to go and we don't know what to do? Can we get that requirement lifted off? And how could we go about getting that done so we can return home?

This is just a example of how a stupid "idea" can still get you in a world of trouble...

I would really appreciate ANY assistance with my problem..

Thanks so much.

I can not speak for the law in your area, for example here all you have to do is hide a object, you don't even have to leave the store. So I can't tell you what your laws are, but you need an attorney to review the case and see if the charges are valid.

And at least here the officers can't give you any terms, only the judge can.

I'm in toronto Canada. If that helps.. thanks for your reply..

Fr Chuck has nailed it on the head.

First, get a lawyer.

Second, the cops can NOT set any terms, only the court/judge can do that. So you may still live with your roommate, and be around him.

As for whether the charge has merit, talk to your attorney about that.

I hope you didn't admit to the cops you went to the store to steal, because if you did, you made your situation worse.

I will say this in defense of the police officers, as a police officer we used to read the riot act to young people, hoping we might knock some sense into them sometimes.

And if we saw one kid we though was really on the edge we would do anything we could to get them away from the ones we felt was a bad influence. So It is very possible they were telling you a story ( of course they would not lie) to try and get you two apart, hoping that this may end your life of crime.

I would normally agree but they gave both us letters (which we HAD to sign to be released) that state we cannot be in contact with each other or we'll face penelties such as being arrested and detained until we speak to a judge etc? It seems like a official letter? Should I just be ignoring that? I have a funny feeling if were pulled over (for speeding etc) together and they run both our names, we'll be in some trouble.. if someone could. Could you direct me to a site where Ontario law states that a police officer cannot impose those restrictions?

Thanks.

P.S. no we did not tell them are original intents upon arrest.

Quote:

Originally Posted by thedoc2k

i would normally agree but they gave both us letters (which we HAD to sign to be released) that state we cannot be in contact with each other or we'll face penelties such as being arrested and detained until we speak to a judge etc?.

What makes you think these were police officers? I have the feeling they were security officers from the store. I don't think you were arrested or charged with anything. Real police do NOT operate that way. The do not give you letters to sign. A real police officer would have either taken you to a station house to be booked, or, at the least, issued you a summons to appear in court. If the letter specifically state that violation of the terms will result in arrest, then you weren't arrested.

Is this letter on Costco stationary? If so, I would ignore it's terms. I would however, not go back to that Costco for at least a year.

I doubt if this is on your criminal record, either of you. You should consult with an attorney who can confirm this. But it sure sounds like a scare tactic (and I hoped that part of it works.)

Quote:

Originally Posted by thedoc2k

This is going to sound rediculas but its a real issue and i need some real help.

i am currently unemployed and a bit down on my luck (which is NO excuse) but i went into a Costco with the intent to steal.

i removed some items from their packages within the store, but at the end i just couldnt do it. its not in my character... so i left the items on a box in an isle in plain site for the employees to find and left the store.. upon leaving the store i was greeted by 2 officers and arrested and charged with theft under $5000. i dont understand how that happened? i didnt actually steal anything?

also i was with my roommate at the time, and he was charged also with the same offence. we live together and one of the terms the officers gave us was that we could NOT be around each other?? but we live togther and are on the lease together for 12 months? we both dont have anywhere else to go and we dont know what to do? can we get that requirement lifted off? and how could we go about getting that done so we can return home?

this is just a example of how a stupid "idea" can still get you in a world of trouble...

i would really appreciate ANY assistance with my problem..

thanks so much.

In some locales if you place an item in your pocket or take an item out of a sealed container you can be charged, even if you are still inside the premises. You are probably lucky thet didn't charge you with criminal damage since you took the item out of a sealed wrapper