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helppleaseee · Feb 17, 2008, 05:34 PM

A couple weeks ago I got caught stealing from shoppers drug mart. Maybe 30 dollars worth of stuff. I also had some stolen products from another store on me. I've never been charged with anything before, so I have no idea how this stuff works! I went and got my fingerprints taken and my court dates in less then two weeks:s

Will I go to jail for this? I can't seem to get a clear answer.
I'm 18 and live in canada...
What are the punishments for theft under 5000?
I don't have money for a lawyer... how to I go about getting legal aid does the court appoint a lawyer? Should I try and negotiate a settlement with shoppers so I don't go to court?
Any suggestions would be much appreciated!!

ChihuahuaMomma · Feb 17, 2008, 05:40 PM

First of all, stealing is wrong, I'm sure you know that.

I am not aware of the laws in Canada. But I don't know why you would be concerned about stealing something under 5k, cause that's a lot and most states in the US it's a felony at a few hundred bucks. Either way, you can have a court appointed lawyer.

And some places are more forgiving than others when it comes to shoplifters. But either way, you have a court date, so you have to go. Otherwise you are dealing with far more trouble.

N0help4u · Feb 17, 2008, 05:40 PM

In the USA you wouldn't go to jail. The Judge would have you take a class and most likely pay a fine of around $200. -$300. You can ask to make a payment arrangement.
You would be able to get it expunged from your record later if you don't get into any more trouble.
I don't know if that is how Canada does it but I think I saw someone else on here from Canada that said it is.

ChihuahuaMomma · Feb 17, 2008, 05:50 PM

Where exactly in canada do you live, we could look up the laws there and see..

N0help4u · Feb 17, 2008, 05:53 PM

Felony theft is not under $30. From a store unless maybe she stole drugs which she did not say

ChihuahuaMomma · Feb 17, 2008, 05:54 PM

Originally Posted by N0help4u

felony theft is not under $30. from a store unless maybe she stole drugs which she did not say

It depends on where you live.

N0help4u · Feb 17, 2008, 05:55 PM

I did say I don't know as far as Canada law. I was telling her the minimum she might be looking at according to what most kids seem to get.

ChihuahuaMomma · Feb 17, 2008, 05:57 PM

Originally Posted by N0help4u

I did say I don't know as far as Canada law. I was telling her the minimum she might be looking at.

Then proceeded to say that it's not a felony. If you don't know the law don't say its not a felony.

ChihuahuaMomma · Feb 17, 2008, 06:00 PM

Here, check this link out.

Penalties for theft, fraud, extortion in Canadian criminal law

Keep in mind that you had two voilations on this list.

N0help4u · Feb 17, 2008, 06:01 PM

I have yet to see or hear anywhere in Canada or the US where it has been a felony to shoplift under $30. From a store first time offense. Under 18 and first time offense they most often give them the fine and make them take the class instead of the jail sentence.

ChihuahuaMomma · Feb 17, 2008, 06:01 PM

Also, did you get caught by a security guard? Did you fight back?

N0help4u · Feb 17, 2008, 06:20 PM

This is ONE of the many typical things I have read by first time shop lifting offenders in Canada
That I went by instead of checking the EXACT law.

I was also charged with theft under 5000 and I am over 18 living in ontario, canada

I had my fingerprints taken
I went to the first court date
I talked to duty counsil, I got them to talk to the crown and they made a deal that I do the Elizabeth Fry Program.
I did the program
And now I have one more court date
All charges will be dropped
And NO criminal record in 6 months from the original arrest date I can write a letter asking my fingerprints to be completely removed from the system

I am 19

Others say they had take the Alternative Measures Program classes and pay a few hundred dollar fine.
A couple of first time offenders claimed they didn't even have to pay a fine which I find hard to believe.

ChihuahuaMomma · Feb 17, 2008, 09:16 PM

Originally Posted by N0help4u

I have yet to see or hear anywhere in Canada or the US where it has been a felony to shoplift under $30. from a store first time offense. Under 18 and first time offense they most often give them the fine and make them take the class instead of the jail sentence.

In Indiana theft of ANY amount is a class D felony.

N0help4u · Feb 18, 2008, 04:10 PM

That's something, many fraud charges and other more serious crimes by repeat offenders are only a misdemeanor yet a first time $30. Shoplifting by an 18 year old is a felony with jail time.

ChihuahuaMomma · Feb 18, 2008, 09:09 PM

I didn't make the law...

Anyway, to the OP, I our advice and links helped.

friiendz_r_4eva · Feb 18, 2008, 09:39 PM

All I can say is that stealing is down right wrong and, for an 18 yr old, you should have known better. I don't think people should help you with your question (no offence but you need to learn... even if it means learning the hard way) That is all I have too say. Call me what ever you want, people like you need to learn... and like I said before... even if it means the hard way. Not knowing should teach you a lesson, and please, do not steal!!

ChihuahuaMomma · Feb 18, 2008, 10:00 PM

He wasn't asking us to condone his behaviors. He probably knows what he did was wrong. He was just asking what to expect.

helppleaseee · Feb 19, 2008, 03:16 AM

It was maybe 150$ worth of stuff, no where near 5000
I live in alberta and I'm exactly 18 with no previous criminal history
But I'm supposed to go to china in the summer and mexico in the winter... will this effect it?
Would I be eligible for that alternate measures class, and get no criminal record?

helppleaseee · Feb 19, 2008, 03:19 AM

Yeah it was a security guard and I didn't deny it or anything.
Thanks for your help!

N0help4u · Feb 19, 2008, 04:31 PM

Originally Posted by helppleaseee

it was maybe 150$ worth of stuff, no where near 5000
i live in alberta and im exactly 18 with no previous criminal history
but im supposed to go to china in the summer and mexico in the winter...will this effect it?
would i be eligible for that alternate measures class, and get no criminal record??

It is up to the Judge. Like I said everything I have ever read or heard from kids in Canada in your situation they said what I posted. The minimum is the fine and the classes.
The maximum is the jail time. It is up to the Judge to decide. If you are remorseful, honest and cooperative they will most likely give you the fine and the classes.

What are you going to China and Mexico for? The Judge may think it could be a good educational experience for you depending on what you are going for so that could work in your favor. I don't think it would have any effect any way.
Ask your lawyer about how you go about getting your record expunged. Usually it is you have to stay out of trouble for so much time.

Chiquita mamma's link does not say it is a felony it says it is a summary offense which is less than a misdemeanor and a misdemeanor is less than a felony. Summary's rarely get much IF ANY jail time. Her link also says that it IS dischargeable which means it can be expunged. If you did more than you are saying like fight the security officer or something it could be worse.