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    fredflinstone's Avatar
    fredflinstone Posts: 10, Reputation: 1
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    #1

    Jul 3, 2008, 12:30 AM
    BC Statute of Limitaions for criminal charge
    I was arrested for shoplifting in Nov 2002 in British Columbia, although I was never officially arrested. I signed a promise to appear to the local RCMP station for processing at which point I fled the country. I was never printed, photographed nor had my rights read to me. As far as I know I was never arrested, just caught, and told to report to the RCMP to be officially charged.

    I have been working and living abroad ever since. I have had my passport renewed and replaced twice in Canadian embassies in the time I have been away from Canada with no problems or mention of a problem.

    What is the statute of limitations for this and is it safe for me to return to Canada? Is there a difference I fly into Toronto or is it safe for me to fly into Vancouver?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jul 3, 2008, 06:20 AM
    Hello fred:

    Shoplifting?? And you FLED the country?? Dude! That's like swatting a fly with a stick of dynamite.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 3, 2008, 07:17 AM
    Quote Originally Posted by fredflinstone
    I was arrested for shoplifting in Nov 2002 in British Columbia, although I was never officially arrested. I signed a promise to appear to the local RCMP station for processing at which point I fled the country. I was never printed, photographed nor had my rights read to me. As far as I know I was never arrested, just caught, and told to report to the RCMP to be officially charged.

    I have been working and living abroad ever since. I have had my passport renewed and replaced twice in Canadian embassies in the time I have been away from Canada with no problems or mention of a problem.

    What is the statute of limitations for this and is it safe for me to return to Canada? Is there a difference I fly into Toronto or is it safe for me to fly into Vancouver?

    If you are on the computer, if there's a warrant, it doesn't matter where you "fly in" - you will be arrested. You signed the "promise" to appear in lieu of being taken to jail - sort of like getting a ticket (which is a "promise" to apear) instead of being arrested. You could very well be on the computer.

    (You fled the country because of a shoplifting charge - ?)
    fredflinstone's Avatar
    fredflinstone Posts: 10, Reputation: 1
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    #4

    Jul 3, 2008, 08:01 AM
    Well, back then I was homeless. Now I have a job for 120K a year taxfree and a wife and two kids, so in retrospect, I made a good decision.
    fredflinstone's Avatar
    fredflinstone Posts: 10, Reputation: 1
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    #5

    Jul 3, 2008, 08:04 AM
    What about the original question... Statute of Limitations... The crime was 6 years ago this Nov.?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 3, 2008, 08:43 AM
    Quote Originally Posted by fredflinstone
    Well, back then I was homeless. Now I have a job for 120K a year taxfree and a wife and two kids, so in retrospect, I made a good decision.

    Aside from not being able to go "home" because of the possibility of an open warrant, yes, it sounds like a good decision -

    To answer your other question warrants do not expire.

    I'm afraid you're going to have to spend some of this year's 120K tax free dollars on an Attorney rather than trying to get free advice when no one here (apparently) knows the background and can understand your decision to skip the country to avoid the charge.
    fredflinstone's Avatar
    fredflinstone Posts: 10, Reputation: 1
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    #7

    Jul 3, 2008, 10:45 PM
    Thank-you Judy K T, that's about what I thought. My fear is landing in Canada and then being arrested in front of my family. Perhaps I can have my embassy help me sort it out if I ever decide to visit Canada. By the way I thought that getting some free advice was what this forum is all about. There are not a lot of Canadian attorneys where I am so I thought I would see if anyone here had and knowledge. If the background and the reason are important then the court case will go in my favor, if and when it ever happens.
    fredflinstone's Avatar
    fredflinstone Posts: 10, Reputation: 1
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    #8

    Jul 3, 2008, 10:50 PM
    Warrants do not expire but can you be charged with a crime that occurred more than 6 years ago? I have never been charged? Is the fact I was never charged an advantage or disadvantage to my situation? I know I have to face the problem and I am not worried about any outcome, it's just a giant pain in the and obviously I could go without getting a record as well as I have never been charged with a crime before. The shoplifting was just desperation for food.

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