[Jay J]

Well, I am 20 years old and today I was caught taking 2 power bars from a supermarket. I was low on cash and thought I could get away with it and save a few bucks. I was wrong. This is my first offense. I have a court date for 5 weeks from now and I get finger printed in a few days. I told them my story (the truth) the total stole was 8.50, each bar was 4.25.

The cop said I may get an alternative punishment which will not be on my record, since this is my first offense. What would this be in the form of? Also how would I apply for a pardon if I am convicted and the offense it goes on my record. How long must I wait to get a pardon?

Thanks in advance.

[NowWhat]

You would probably do some sort of community service. And pay restitution to the store.
I don't know about getting a pardon. More than likely this is going to be a misdemeanor.


EDIT:::::::::I just saw that you are in Canada - I have no knowledge of the laws there - I am in the US. So you can disregard.

[Jay J]

You would probably do some sort of community service. And pay restitution to the store.
I don't know about getting a pardon. More than likely this is going to be a misdameanor.


EDIT:::::::::I just saw that you are in Canada - I have no knowledge of the laws there - I am in the US. So you can disregard.

Anyone else? Thanks for the attempt though NowWhat:)

[excon]

Hello J:

Sure. Look around. We have lot's of Canadian shoplifters. It seems that's all Canadians do is shoplift. I've never see, for example, a Canadian sex offender. Maybe you got something in the water up there...

excon

[Jay J]

Hello J:

Sure. Look around. We have lot's of Canadian shoplifters. It seems that's all Canadians do is shoplift. I've never see, for example, a Canadian sex offender. Maybe you got something in the water up there....

excon

Haha,

Yeah, I am hoping to get out of this with some kind of alternate thing. Anyone else have the details on those?

[cat_in_the_hat]

Well when I was about 18 I was caught stealing makeup at superstore. I ended up doing some kind of "get better" sessions at the salvatation army which cost me about $150, which lasted for a few weeks and never got a criminal record. And I definitely stole a lot more than $10.00 worth.

[keljai]

L was wondering when you had to pay the store back, when did they send the restitution cost. Becaseu for me its been almost a month and still haven't received

[Wondergirl]

From Wikipedia --

Theft in Canada (1st offence)

Theft is dealt with by Part 9 of the Criminal Code of Canada which is the part that covers property crime. Section 322 in Part 9 creates a general definition of theft, while other sections such as section 326 (which deals with the theft of gas, electricity and telecommunication services) define special kinds of theft. According to the general definition in section 322 a person steals a thing if he or she takes or converts it fraudulently, without colour of right and with intent to deprive the owner of it, either permanently or temporarily. For the purposes of punishment theft is divided into two separate offences by section 334 depending on the value and nature of the goods stolen. If the thing stolen is worth more than $5000 or is a testamentary instrument the offence is commonly referred to as Theft Over $5000 and is an indictable offence with a maximum punishment of 10 years imprisonment. Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as Theft Under $5000 and is a hybrid offence, meaning that it can be treated either as an indictable offence or a less serious summary conviction offence, depending on the choice of the prosecutor. If dealt with as an indictable offence Theft Under $5000 is punishable by imprisonment for not more than 2 years and, if treated as a summary conviction offence, 6 months imprisonment, a fine of $2000 or both.

In the U.S. a first offender for theft, depending on the amount stolen, may be told by the judge to work so many community service hours (20-250), attend classes of some type, perhaps write an apology letter to the business owner, write an essay on a topic related to his offense, and/or pay a fine.

Wikipedia also mentioned that "Canadian criminals are more likely to be given alternative sentences than jail times and more money is put into rehabilitation."

Do you have a lawyer who might give you some hope about a sentence of community service work rather than jail time?

[cat_in_the_hat]

l was wondering when you had to pay the store back, when did they send the restitution cost. Becaseu for me its been almost a month and still haven't received

Honestly, I'm not too sure. It was over seven years ago. But I'm thinking that it happened shortly after I did the crime... a few months I'd say.
I didn't even have to pay the store back. And no criminal record.

[ScottGem]

Look in this forum, as excon said there are bunches of threads with a similar theme. Those threads have the info you seek.

[myiwona]

I have been dealing with shoplifters and other summary offenses in Canada for the past 14 yrs and have worked with youth diversion or first offender diversion programs. If you agree to participate in a diversion program, you are admitting your guilt... however this is the best course of action as you WILL NOT receive a criminal record of any kind, nor will you have to pay restitution beyond what you returned to the store upon your arrest... in this case the two bars. Some retailers utilize outside companies that specialize in what is called civil recovery. This must not be confused with a Diversion program. Civil recovery (if any attempted by retailer) is separate and distinct from any Criminal charges or Diversion program. In many cases, due to the nature of the case or what was said during the arrest... they have NO CASE and it is easily beaten.

Any other questions regarding theft under or arrest procedures? Feel free to ask.