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    joker123's Avatar
    joker123 Posts: 47, Reputation: -1
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    #1

    Aug 27, 2008, 04:53 PM
    Another Theft under 5000
    So I was at a superstore loblaws me and my sister, were looking around she got some cream and makeup while I was looking at razor blades. She came to the razor section where I was and she put her stuff in her bag then I tosses her my razor and she put in into her bag and we walked out, and approached by a guy outside, took us back, called cop, etc etc. he told us we'd been charged with theft under 5000, made us sign a paper to have fingerprints and court date etc. the store said it will send a cheque for like 200 for us to pay back. Total of items was 112 or something like that. First of all, I duno why I was charged, they said I put the razor in her purse which I didn't, and they said it looked planned which it also wasn't. Ive been so freaked out since then, I duno what to expect. Both of us are clean, no record, no run-ins with the law, I'm 2nd yr uni, she's 3rd yr uni. Im so lost right now, I duno what to expect, we can't hire a lawyer its too much, it's a first offence as well. We have a court date at same time, together. I'm thinking they will just give us community service and such, since its our first offence, but I'm so scared, since there is possible jail time and could be on record. I was wondering how the judge looks over case? For these minor cases does he actually look at video and evidence and stuff, like is it presented to him? Or do we go in front of a judge , the two of us and tell him what happened and he tells us the consequences. Could someone explain what happens, I can't even sleep. By the way I'm 18 turning 19 in sept, and my sis is 20. I duno if this matters but we weren't taken to police station when it happened, given the ticket for the court date and let to go home. Thanks
    joker123's Avatar
    joker123 Posts: 47, Reputation: -1
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    #2

    Aug 27, 2008, 04:57 PM
    Also, I was wondering if the court sends things to us in the mail like reminders of the court date because I don't want my parents to find out, and another question I forgot was, how will this record affect me traveling, for example I want to go to cube over the winter break. Will that be possible or no?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Aug 27, 2008, 04:58 PM
    So, joker, while you were throwing the razors in her bag, along with the makeup and cream; were you smiling, like you thought you were putting something over on the store. They have cameras all over Loblaws, love, no one misses anything. You were caught (and you said another, had you done this before?). You were both stealing and thinking it was a real lark. You will regret this ever happened down the line when you have a really good job lined up and wonder about a previous police record. Way to go.

    The Judge. Well that is a different story. With all the theft going on at all different stores, he is quite cognizant of first time offenders and I don't think he likes the idea of all this happening.

    How could you steal, being university students, getting ahead, working hard, maybe bored. Can't you g et jobs to pay for what you want.

    Go to court. You make me sick. Other people have to pay for your mistakes and rising costs the stores have to cover for this kind of activity.

    And no, they don't send reminders. They expect you to still be responsible enough to attend the first hearing.
    joker123's Avatar
    joker123 Posts: 47, Reputation: -1
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    #4

    Aug 27, 2008, 05:01 PM
    No I have not done it before, this is my first time. It was a stupid mistake, and I'm scared as to what will happen. Its my first offence
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 27, 2008, 05:13 PM
    OK, yes, expect several papers to be mailed, so you had better talk to parents, and personlly I would be asking to borrow the money for an attorney, with an attorney you may get it under a diversion program where there will be no record, if not, you will have a criminal record for the rest of your life, lose out on many job chances when it shows up, even 20 years from now.
    joker123's Avatar
    joker123 Posts: 47, Reputation: -1
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    #6

    Aug 27, 2008, 09:23 PM
    But I thought they are pretty easy with a first offense. And it wasn't even that bad, reading around the forums I hear that a lot of people don't go into court with an attorney, as the judge just sentences them to community service or video watching or whatnot because he doesn't want to waste time with little things like this. I've ever read about a guy who was sentenced to a class where there were 2nd and 3rd time offenders for theft under 5000 so how serious can this be. Look I'm not saying what I did was right, I want to kill myself for it, I feel like such a lowlife and am so embarrassed, but I do have a clean record and am in university, etc etc same with my sister, it was a one time thing and I'm sure the judge will see that I'm sympathetic and will order community service or whatnot. And what papers will be mailed? The person above said no papers will come
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Aug 28, 2008, 06:26 AM
    Quote Originally Posted by joker123
    but i thought they are pretty easy with a first offense. and it wasn't even that bad, reading around the forums i hear that alot of people dont go into court with an attorney, as the judge just sentences them to community service or video watching or whatnot because he doesnt wanna waste time with little things like this. ive ever read about a guy who was sentenced to a class where there were 2nd and 3rd time offenders for theft under 5000 so how serious can this be. look im not saying wat i did was right, i wanna kill myself for it, i feel like such a lowlife and am so embarrassed, but I do have a clean record and am in university, etc etc same with my sister, it was jus a one time thing and im sure the judge will see that im sympathetic and will order community service or whatnot. and what papers will be mailed? the person above said no papers will come


    How do you think they're going to notify you if they don't send papers to your residence?

    If you are "sure" the Judge will see you are sympathetic and order community service and "what not," then take your chances.
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    joker123 Posts: 47, Reputation: -1
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    #8

    Aug 28, 2008, 06:56 AM
    Im not 'sure' of anything, I'm just saying that is what I think should be the turnout judging from what I've read around the forums, people have stolen more than I have and got nothing more than a class etc. another question is does the judge know details or just theft under 5000, whether 5$ or 500$? Also the cop that came to the store at to give us the court date and stuff even said its just going to be a slap on the wrist. Its got me so worried and distressed I can't go about my normal day anymore I'm so scared. And also I was just wondering if the papers will be sent, because he already gave us a ticket and all that, only thing I know is that the store will send me a bill to pay through the mail
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 28, 2008, 07:11 AM
    Ok, first, You were aware that your sister had put items, including the razors you picked in her purse. You then walked out of the store without paying for the items and you don't understand why you were charged? Give me a break!

    However, fortunately for you, shoplifting is a petty crime and dealt with fairly leniently, especially for a first offense.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #10

    Aug 28, 2008, 08:35 AM
    So Loblaws said they would send you a 'cheque', you probably mean a bill to pay for the items stolen. That is a real stretch of the imagination. Seeing as you stole them, how would Loblaws expect you to pay through the mail or otherwise. I think you will have to cough up the money when you get to court.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Aug 28, 2008, 08:41 AM
    Quote Originally Posted by tickle
    So Loblaws said they would send you a 'cheque', you probably mean a bill to pay for the items stolen. That is a real stretch of the imagination. Seeing as you stole them, how would Loblaws expect you to pay through the mail or otherwise. I think you will have to cough up the money when you get to court.
    This is probably a fine. If they were apprehended leaving the store, then the items were probably recovered. But Canadian case law allows the store to impose a fine as discouragement for future crimes.
    joker123's Avatar
    joker123 Posts: 47, Reputation: -1
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    #12

    Aug 28, 2008, 09:47 AM
    It is a fine,they told me that they'll send me a bill in the mail I don't see how it's a stretch of imagination. The officer did not even take us back to the police station he gave us a ticket saying a court date. He said it'll prob be a slap on the wrist because we're first timers and clean records, etc. we are going in without a lawyer, how will this work? Will it be me and my sis in front of a judge in a room, no one else, and we will discuss what happened? I'm so rattled, I don't know what to think anymore.
    joker123's Avatar
    joker123 Posts: 47, Reputation: -1
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    #13

    Aug 28, 2008, 09:51 AM
    Quote Originally Posted by ScottGem
    This is probably a fine. If they were apprehended leaving the store, then the items were probably recovered. But Canadian case law allows the store to impose a fine as discouragement for future crimes.
    And yes the items were recovered, unopened, undamaged, and to scottgem the reason I ask why I got charged is because he charged me as if I stole 110 $ or whatever it was, even though I did not put the other items into the purse, I gaev her the razor and she put it in, so technically I didn't steal 110, only like 20 or whatnot, I duno if you can even technically say I did because she physically put it in. I duno this is all so messed up, I regret it everyday it's the only thing on my mind right now, I hope your right though scottgem, that its treated leniently to first timers, because I know I WILL NEVER EVER DO IT AGAIN, under any circumstance, right now I'm scared to even go shopping lol
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Aug 28, 2008, 09:55 AM
    Quote Originally Posted by joker123
    and yes the items were recovered, unopened, undamaged, and to scottgem the reason i ask y i got charged is because he charged me as if i stole 110 $ or whatever it was, even tho i did not put the other items into the purse, i jus gaev her the razor and she put it in, so technically i didnt steal 110, only like 20 or whatnot, i duno if u can even technically say i did cus she physically put it in. i duno this is all so messed up, i regret it everyday its the only thing on my mind right now, i hope your right tho scottgem, that its treated leniently to first timers, cus i know i WILL NEVER EVER DO IT AGAIN, under any circumstance, right now im scared to even go shopping lol

    You're a University student - please speak English, not text speak.

    I don't think I'd raise the "technicality" issue in Court.
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    joker123 Posts: 47, Reputation: -1
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    #15

    Aug 28, 2008, 10:02 AM
    Quote Originally Posted by JudyKayTee
    You're a University student - please speak English, not text speak.

    I don't think I'd raise the "technicality" issue in Court.
    Ok, my apologies, I was not aware that there is correct etiquette for online forum posts. I do not think that it really matters how I type on here, I'm obviously not interested in my grammar or spelling and am obviously just quickly replying to these posts.
    patt24k's Avatar
    patt24k Posts: 23, Reputation: 0
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    #16

    Aug 28, 2008, 10:14 AM
    Relax man this isn't something to lose sleep over. If its just a misdemeanor then the most they can possibly give you is 11 months and 29 days which I'm almost positive they won't give you. Don't worry about getting a paid lawyer because I don't think this is worthy of taking to trial. You will be appointed a public defender, and even though they may look a little rough, they have all of the same resources as a paid attorney. Don't pay any attention to what these other guys on here are telling you. Something this petty is not going to bar you from employment anywhere. Just keep in touch with your lawyer or public defender and things will turn out fine. I'm sure the judge will give you 11/29 probation and no jail time. Trust me I've been through this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    Aug 28, 2008, 10:17 AM
    It really doesn't matter whether you stole items worth $10, $100, or $1000. Under your laws, as long as its under $5K its lumped together. Nor does it matter, under the law, whether what you stole was a fraction of the total or an equal part. You were both equally guilty of theft.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #18

    Aug 28, 2008, 10:19 AM
    Quote Originally Posted by patt24k
    Relax man this isnt something to lose sleep over. If its just a misdemeanor then the most they can possibly give you is 11 months and 29 days which I'm almost positive they wont give you. Don't worry about getting a paid lawyer because I don't think this is worthy of taking to trial. You will be appointed a public defender, and even though they may look a little rough, they have all of the same resources as a paid attorney. Don't pay any attention to what these other guys on here are telling you. Something this petty is not going to bar you from employment anywhere. Just keep in touch with your lawyer or public defender and things will turn out fine. I'm sure the judge will give you 11/29 probation and no jail time. Trust me I've been through this.

    Are you aware OP is in Canada? With all respect unless you are in Canada you haven't gone through this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #19

    Aug 28, 2008, 10:19 AM
    Quote Originally Posted by patt24k
    Relax man this isnt something to lose sleep over.
    While I don't disagree that this is a minor thing to get resolved and put behind him. I think you are trivializing it too much. Its still theft and its still an illegal act. While the penalities for a first time offender will be very minor and may not result in an criminal record, its still a cause for concern.
    patt24k's Avatar
    patt24k Posts: 23, Reputation: 0
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    #20

    Aug 28, 2008, 10:26 AM
    Well I was unaware that this whole thing originated out of Canada so I apologize. Just be thankful that this didn't happen in Saudi Arabia because you would be typing this post with your toes. Ultimately, I still think this won't turn out too bad so like I said just take it easy.

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