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    nancy_logan's Avatar
    nancy_logan Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 23, 2008, 01:49 PM
    Shoplifting in canada
    I got caught shoplifting at sears and I am facing a court. The total amount was $545 and it was more than 10-15 items. I would like to know what are the charges and the fines and if I am going to have a criminal record. Or if there is any other way so I could make this change.

    Thanks.

    p.s. I know I was very stupid but its too late now I just need some help I already have a lawyer but I need other opinions too
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 23, 2008, 02:03 PM
    There are hundreds of posts on shop lifting in Canada posts here.
    Three are at the bottom of this page and at least 3 more off them.
    What I have read from first time offense is
    The Queen sends you to Alternatives/Diversion classes
    You go back to prove you took the classes
    You possibly get a fine averaging $300.
    You can ask about requirements for sealing/expunging any record
    Gem_22205's Avatar
    Gem_22205 Posts: 976, Reputation: 129
    Senior Member
     
    #3

    Jun 23, 2008, 02:27 PM
    Hopefully this will help you in understanding the road ahead of you.

    Possible charges: Shoplifting And Retail Fraud

    Criminal Code of Canada
    Theft Sections:
    322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

    (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

    (b) to pledge it or deposit it as security;

    (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

    (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

    Punishment for theft:
    334. Except where otherwise provided by law, every one who commits theft

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or

    (b) is guilty

    (I) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    (ii) of an offence punishable on summary conviction,

    where the value of what is stolen does not exceed five thousand dollars.

    R.S. 1985, c. C-46, s. 334; R.S. 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20.

    I cannot assume to know about dollar figures on your pending fines and cost that will be at the courts discretion. Your legal representation should be able to better assist you in that matter.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 23, 2008, 03:00 PM
    Quote Originally Posted by nancy_logan
    I got caught shoplifting at sears and i am facing a court. the total amount was $545 and it was more than 10-15 items. i would like to know what are the charges and the fines and if i am gonna have a criminal record. or if there is any other way so i could make this change.

    thanks.

    p.s. i know i was very stupid but its too late now i just need some help i already have a lawyer but i need other opinions too


    My legal advice would be - if you have retained an Attorney and that Attorney is too busy to discuss these questions with you or you don't "trust the Attorney, find another Attorney.

    That Attorney knows all the circumstances and the laws and the policy of Sears in your area - we are volunteers basing our advice on what you have posted. In my area since Sears and KMart merged both actively pursue every shoplifting charge, no matter how large or small.

    Go with what the Attorney says.

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