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    Theshelfan's Avatar
    Theshelfan Posts: 8, Reputation: 1
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    #1

    Feb 18, 2007, 05:16 PM
    Theft under 5000 questions
    Hello,
    I wanted to find out some information on behalf of my girlfriend. Any advice is greatly appreciated and I have seen that this site offers great information for each individual.
    First off, I guess I should set the scenario. We are asking a question that relates to Canada as we live here. My girlfriend (age 28) was recently caught shop lifting at a department store with an item that totaled appoximately $100. This was here first offence and she has been GREATLY remorseful for this have to have happened. She does not have a criminal record.
    She is highly suspected to suffer from "compulsive shopping disorder". Say what you will as I know this might sound like a silly description. But it is a very real disorder and this event has served as a wake-up call. Not sure if this will have any bearing in the court procedure.
    Lastly, in the past she has dealt with bouts of derpression and has been on medication to battle this. She has also been actively working with specialists and doctors to help her sort out her material obessions and depression.
    At the same time, she is an active member of society and holds a great job.

    Given the above, I was wondering if anyone can answer the following questions:

    1. She has been working with her family to get a lawyer to assist with this process.

    2. She has been given an initial court date... what will happen there?

    3. Can we expect any court delays?

    4. With the above description, what kind of result can we expect from the courts?

    Again, any information is greatly appreciated. Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 18, 2007, 05:53 PM
    The initial court date is usually an arraignment where she enters a plea. The atty will help advise what her plea should be.

    There is no way to predict what delays there will be.

    Most likely, she will be given probation, maybe community service, likely be required to get or maintain treatment for the disorders. She may also have to pay a fine.
    Theshelfan's Avatar
    Theshelfan Posts: 8, Reputation: 1
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    #3

    Feb 18, 2007, 07:10 PM
    So is it guaranteed that she will have a criminal record? If so, what does that mean?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 18, 2007, 07:17 PM
    Nothing is guaranteed. But if the store can prove that she did the crime, then its likely she will be convicted. That's why you hire an atty, to get the best deal you can.
    Theshelfan's Avatar
    Theshelfan Posts: 8, Reputation: 1
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    #5

    Feb 19, 2007, 05:41 AM
    Thanks for the feedback. So what does having a record mean? Will there be things she can and cannot do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 19, 2007, 06:50 AM
    It might cause her problems in finding a job. Also, it will make it harder on her if she breaks the law again.
    Theshelfan's Avatar
    Theshelfan Posts: 8, Reputation: 1
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    #7

    Feb 19, 2007, 09:36 AM
    Again, thanks so much for the info. She already has a position as a teacher... would this be impacted? Also, when you refer to "breaking the law again", would that include only criminal offences or even things such as speeding tickets?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Feb 19, 2007, 01:06 PM
    It depends on the wording of her contract. Teaching contracts often have morals clauses that could result in termination if there is a criminal record. But traffic violations wouldn't come into play.

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