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    iamscared's Avatar
    iamscared Posts: 2, Reputation: 1
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    #1

    Sep 18, 2008, 09:34 AM
    Theft over $5000 first offense
    Hi,

    I am likely going to be charged with theft over $5000 in Alberta. Again it is my first offense. I recently graduated from university and recently started a new job as an engineer. The offense isn't towards the current company I'm working with. I've been very helpful to the investigation as well. In order to become a professional engineer I need to have a clean criminal record. Will the judge likely sentence me to a conditional discharge?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 18, 2008, 10:06 AM
    Quote Originally Posted by iamscared
    hi,

    I am likely going to be charged with theft over $5000 in Alberta. Again it is my first offense. I recently graduated from university and recently started a new job as an engineer. The offense isn't towards the current company I'm working with. I've been very helpful to the investigation as well. In order to become a professional engineer I need to have a clean criminal record. Will the judge likely sentence me to a conditional discharge?


    I would not say anything to anyone or proceed with this at all without an Attorney - not with that dollar amount and a professional license involved.

    I find this to be the Law since 2007 (I am not in Canada) and don't find that's been amended or changed in any way.

    "CanLII - Fédéral - R.S.C. 1985, c. C-46 - Section 334


    Quote:
    334. Except where otherwise provided by law, every one who commits theft
    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
    (b) is guilty
    (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
    (ii) of an offence punishable on summary conviction,
    where the value of what is stolen does not exceed five thousand dollars. "
    iamscared's Avatar
    iamscared Posts: 2, Reputation: 1
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    #3

    Sep 18, 2008, 10:15 AM
    Thanks for the response, judykaytee, however, I have already talked to an officer about what I've done in the past. They told me that I will be likely to receive a charge of theft over $5000, however the judge might consider that I was helpful to the investigation and that I have a good job.

    I am going to contact legal services before going to court however. I just wanted some opinions on whether it is common for judges to be leanient in my situation.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 18, 2008, 10:39 AM
    Quote Originally Posted by iamscared
    thanks for the response, judykaytee, however, I have already talked to an officer about what I've done in the past. they told me that I will be likely to receive a charge of theft over $5000, however the judge might consider that I was helpful to the investigation and that I have a good job.

    I am going to contact legal services before going to court however. I just wanted some opinions on whether it is common for judges to be leanient in my situation.


    Unfortunately, you just never know - I think a lenient Judge today is having a bad day tomorrow and you pay the brunt of it.

    Being sincerely repentant goes a long way, too.

    Just don't incriminate yourself with the Police.
    Smoked's Avatar
    Smoked Posts: 157, Reputation: 29
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    #5

    Sep 18, 2008, 11:24 AM
    Quote Originally Posted by JudyKayTee
    Just don't incriminate yourself with the Police.
    I might be reading too much into this, but sounds like the police might have been working him to build the case. Just a thought.

    Oh, and I don't use the best grammar when posting on this site. So Judy please don't quote me in your sig haha
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 18, 2008, 12:13 PM
    Quote Originally Posted by Smoked
    I might be reading to much into this, but sounds like the police might have been working him to build the case. Just a thought.

    Oh, and I don't use the best grammar when posting on this site. So Judy please don't quote me in your sig haha


    No, if it would be you I'd probably have to pay you royalties (or something). So if you haven't received a check, it's not you. :D

    But if you come up with something better, I'm happy to use it!
    krystlep's Avatar
    krystlep Posts: 1, Reputation: 1
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    #7

    Apr 13, 2012, 11:10 AM
    I was charged with theft over 5000 and I was the person that did the transaction with the stolen credit card , although I was threaten to take action in this matter , my court day is just around the corner and I'm scared of what the crown is going to tell me about my case I'm afraid to do any time . Does anyone know what you think they might suggest as a first time offender.?

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