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    jayden308's Avatar
    jayden308 Posts: 6, Reputation: 1
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    #1

    Mar 19, 2008, 04:52 PM
    Second offence in theft under 5000.00, canadian sentencing
    Hey there, how is everyone. This is my first time using this site, so please be patient.
    I would like to know "what can be a sentence in canadian law for a charge of theft under
    $5000.00? Can I get off with just paying the restitution without jail time. I have a family that needs me, though I did not commit this crime, I am however being charged withit, since I can not disprove the charge... please help me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 19, 2008, 05:37 PM
    In Canada like in the US, you don't prove yourself not guilty, they are required to prove you guilty..

    Also how much money was it, 4999 is a lot different than 5.00.
    But it is very possible that you can get out of it without jail time.
    emery's Avatar
    emery Posts: 92, Reputation: 2
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    #3

    Mar 20, 2008, 06:00 AM
    I am in the same situation, I did not actually committ the crime either but my lawyer says it will be difficult to win in court as the police officer's notes indicate that I did and he would have no reason to lie. They have offered me a conditional discharge with community service hours to be completed.
    emery's Avatar
    emery Posts: 92, Reputation: 2
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    #4

    Mar 20, 2008, 06:02 AM
    Just realized you said this is your second offence, then I would think a record would probably happen, what was your sentence for the first time?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 20, 2008, 06:06 AM
    Quote Originally Posted by jayden308
    Hey there, how is everyone. This is my first time using this site, so please be patient.
    I would like to know "what can be a sentence in canadian law for a charge of theft under
    $5000.00? Can I get off with just paying the restitution without jail time. I have a family that needs me, though I did not commit this crime, I am however being charged withit, since I can not disprove the charge....please help me.

    Well, you don't prove yourself innocent, they have to prove you are guilty so you've got that backwards.

    I am concerned - as the Court will be - that this is your second offense.

    Some time ago a female posted the same problem, previous conviction, theft under $5,000again and she was facing jail time. Of course, I don't know her exact circumstances.
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