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    System's Avatar
    System Posts: 5, Reputation: 1
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    #1

    Jun 11, 2008, 05:47 PM
    Theft Under 5000/ Only 14 years old
    So the other day My kid brother did stupid Stuff
    He Went To Wal - mart And decided To Steal 29.99 Headphones...
    He was easily caught and apprehended, police were called and he was given a ticket
    He has to go appear in court now, but he has a lot of worries / troubles
    As do I. I need to know these questions

    1. He is a first time offender, and his notes / records are clean... Is he gonna get off easily?
    2. Will he receive a criminal Record Once he pleads guilty?
    3. Should He get a lawyers Help? Or should he just do it himself, and tell the truth
    4. Will he receive community service hours? or Sent To a juvenile detention center?
    5. Will The information Of Theft under 5000 be recorded on a criminal record? and or stored on a police record?



    Thank You For The Help
    AND P.S. HE LIVES IN CANADA, AND THE CRIME WAS COMMITTED IN CANADA
    And My Brother Is Only 14,
    :(
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 11, 2008, 06:11 PM
    From what most kids from Canada and the USA that shop lift tell me.
    There are a lot of posts by minors that shoplifted in Canada.
    https://www.askmehelpdesk.com/crimin...lifting+Canada
    He will have to pay fines/fees/restitution and take classes (Go by whatever the Queen says and not the police or the store) Ask for Alternatives classes and diversions.
    IF he stays out of trouble for xx amount of time he can ask for his record to be expunged.
    Allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed
    Also you may qualify for a public defender.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 11, 2008, 06:15 PM
    Just search this forum for Theft under 5000 and you will find several threads all with the same issue. The onlt difference is your brother is youngrt so stands a better chance of getting off lightly THIS TIME.
    System's Avatar
    System Posts: 5, Reputation: 1
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    #4

    Jun 11, 2008, 06:18 PM
    Well that's the thing, you guys didn't answer my question(s)
    And the manager told us that the wal-mart doesn't ask for restitution orders
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 11, 2008, 06:23 PM
    Yeah we DID answer your questions as best we could. We can't prodict what a court will do.
    System's Avatar
    System Posts: 5, Reputation: 1
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    #6

    Jun 11, 2008, 06:25 PM
    Well my big concern is a criminal record? Will he receive one?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Jun 11, 2008, 06:28 PM
    It will most likely be on his record but he can ask for expungment after so many years.
    Often they will seal a record too so that not everybody can see it.
    It is up to the Queen also he needs to be remorseful and cooperative for it to work better to his favor.
    System's Avatar
    System Posts: 5, Reputation: 1
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    #8

    Jun 12, 2008, 06:17 PM
    Well he's only 14
    ANd this is his first offense ever
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #9

    Jun 12, 2008, 06:24 PM
    On my way into court today I broke my crystal ball... So I can't predict whether he will get a criminal record or not.

    This is all up to the judge and wal-mart to decide? Should he get a criminal record? Yes, he broke the law.

    Get an attorney to protect his interests.
    System's Avatar
    System Posts: 5, Reputation: 1
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    #10

    Jun 12, 2008, 07:19 PM
    K we asked our father, and he has told us this
    " You dont receive a criminal record when your under 18, you only recieve a juvenile record,
    and once you turn 18 it is deleted and erased "
    I looked it up, and it seems to be true
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Jun 13, 2008, 05:48 AM
    In the first response to your question NoHelp4u spoke about a "diversion" and said that after completion of the requirements the record would be expunged. In my reply I urged you to scan some of the very similar threads which all talk about the same thing. So the answers were there for you.

    Your dad is partially correct. This will go on his juvenile record, at 18 the juvenile record is sealed, not erased. But if he gets a diversion, then the record of this will be erased.
    emery's Avatar
    emery Posts: 92, Reputation: 2
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    #12

    Jun 13, 2008, 07:26 AM
    Yes, you won't have a crminal record, but there will be a police record of the arrest.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #13

    Jun 14, 2008, 08:51 AM
    Quote Originally Posted by System
    K we asked our father, and he has told us this
    " You dont receive a criminal record when your under 18, you only recieve a juvenile record,
    and once you turn 18 it is deleted and erased "
    i looked it up, and it seems to be true

    That is what I am saying but he needs to go to court when he is 18 and ask to make sure it was expunged or sealed. If he gets in trouble in the future it is quite likely they may not expunge it.
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