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

    Jan 4, 2011, 06:01 PM
    How much would zellers charge for 1st time warning on fraud?
    It was a huge misunderstanding, but the security guard had to do his job. It was not like I intentionally planned to deceive anyone. I was confused, it was the same product and name but different prices, so I assumed it would cost the same. I was mistaken, when the officer said I had done a criminal offence. He noticed I didn't really know, nor understood and I that I was very co-operative. Still I understand he had to do his job, so he said he would give me a "warning." Still this information goes to the police station signifying I was warned, and I am going to probably get charged from Zellers. The cops will not charge me, but he just said never to assume again because the next time they'll see I have been warned. Does this mean that it is on my criminal record for everyone to see, or is it just for the cops purposes? Also how long will this warning last?
    bestbessie's Avatar
    bestbessie Posts: 45, Reputation: 10
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    #2

    Jan 4, 2011, 07:34 PM
    It sounds like a fairly explainable misunderstanding, UNLESS you were seen switching price tags or altering the packaging before purchase. If you haven't done these things and have merely tried to pay the lower price at the check-out then at this point you have committed no crime. It's the job of the person at the check-out to let you know you're in the wrong. Lots of products are incorrectly priced in shops, and shave a right to challenge the price if they believed it was more than it was labelled.

    Who are Zellers and why do they get to 'charge' you with a crime, or issue a formal caution when the police don't. Is there no burden of proof on them? In Aus if you've been caught shoplifting, the police have to be involved, and they have the option to charge or caution you or issue a criminal infringement. The shop can ban you from entering their area. Security guards and shops have no right here to issue criminal cautions or warnings. It would be worth ringing your local police station to clarify what they mean by a warning and how long it would sit in 'your file'.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 4, 2011, 08:19 PM

    There is no "criminal record unless the police charge you. I have no idea what type of notice they send the police, most likely a idle threat since there is no notice to give police unless they are going to press charges.

    Normally the store is going to send you a bill ( it is civil not criminal) for about 300 to 500 dollars, as their cost of your crime on the store.

    The store will keep a file on you if you do it again, but there is no police record
    cphlegm's Avatar
    cphlegm Posts: 5, Reputation: 1
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    #4

    Jan 4, 2011, 09:00 PM
    So there is no police record? But if the store ever were to catch me again I would get a fined, and then the police would come in? What has to happen in order for it to be on police record?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jan 4, 2011, 09:15 PM

    For there to be a police record that will be on your criminal record, you have to be either arrested or given a ticket or notice to appear in court. You go to court ( or plead guilty if allowed by ticket)

    So basically the police come or mail you a letter to appear to be fingerpinted. You stand in front of a judge and receive a sentence.

    If you get caught again, ( again) it is up to the store to decide if they are going to call the police or not,
    cphlegm's Avatar
    cphlegm Posts: 5, Reputation: 1
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    #6

    Jan 4, 2011, 09:39 PM
    Comment on Fr_Chuck's post
    Thank-you, I just don't want this misunderstanding to effect anything I have. Blown out of proportion, and a huge misunderstanding... still I would never argue because would get me into even more trouble. THANKS!
    cphlegm's Avatar
    cphlegm Posts: 5, Reputation: 1
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    #7

    Jan 6, 2011, 07:07 PM
    Comment on mollysmithee's post
    Thanks so much!:)

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