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cherrichik · Oct 14, 2008, 09:42 PM

First off, please don't just answer saying look at the other posts, because I have done that already, and still hasn't answered a lot of questions. And please spare the lecture, I have given that to myself enough since it has happened, I am not giving the details of what happened because they won't be believed anyway.

I just have a few questions... a few days ago I was arrested for theft under, and I have a court appearance in just over 2 months from now. I was just wondering if convicted what the most likely sentence would be. The theft was about 200 dollars in items from a grocery store, all items were returned to the store, a letter of apology has been written to the manager of the store. The only thing is that this is not my first offence, just over a year ago I went through the alternate measures program for once again theft under. I was wondering if I should be seriously looking into finding legal assistance with the case or if will still be the same outcome without one and just speaking with the duty lawyer at the first appearance. If someone could write me back with any sort of answers or with another way that I can get answers, I would really appreciate it. The one thing is that with my current financial situation I will not be able to afford a lawyer, but don't think that I will qualify for SLS or legal aid. Oh and one last thing, are things like depression or family matters ever brought into account for cases?

I live in Edmonton, AB

Thank you immensly for any help that can be given.

JudyKayTee · Oct 15, 2008, 05:55 AM

Originally Posted by cherrichik

First off, please dont just answer saying look at the other posts, becuase i have done that already, and still hasnt answered alot of questions. And please spare the lecture, i have given that to myself enough since it has happened, I am not giving the details of what happened becuase they wont be believed anyways.

I just have a few questions... a few days ago I was arrested for theft under, and i have a court appearance in just over 2 months from now. I was just wondering if convicted what the most likely sentence would be. The theft was about 200 dollars in items from a grocery store, all items were returned to the store, a letter of apology has been written to the manager of the store. The only thing is that this is not my first offence, just over a year ago i went through the alternate measures program for once again theft under. I was wondering if i should be seriously looking into finding legal assistance with the case or if will still be the same outcome without one and just speaking with the duty lawyer at the first appearance. If someone could write me back with any sort of answers or with another way that i can get answers, i would really appreciate it. The one thing is that with my current finacial situation i will not be able to afford a lawyer, but don't think that i will qualify for SLS or legal aid. Oh and one last thing, are things like depression or family matters ever brought into account for cases??

I live in Edmonton, AB

Thank you immensly for any help that can be given.

Please don't direct how people answer - you post it you have to live with the answers. You continue to post with the same attitude and last time around so offended people that your posts went unanswered.

So let me try it again.

Yes, you can go to jail. You can't get into the diversion program a second time. I'm amazed you got in the first time when you were stealing from your employer but perhaps your employer agreed that diversion would work.

I would get legal assistance because only a Judge knows how he/she will decide, particularly because you didn't learn from your first experience.

No, depression and family matters are not a legal defense to stealing/theft.

cherrichik · Oct 15, 2008, 07:23 AM

It wasn't meant as a offending or disrespectful attitude in any way.

And as for being able to go through AMP, I know that I was seriously fortunate getting into the program, I thnk the only reason I was granted it was because to RCMP officer who was looking after the case was the one who pushed for it. I also know that I can't be given that chance again, and that's why I came here to see what the real outcome of this could be.

twinkiedooter · Oct 15, 2008, 11:07 AM

Judy already discussed the possible outcome(s) to your case. We are not mind readers here and cannot give you "what the real outcome of this could be" as that is strictly up to the Judge to determine. Your anxiety is coming through loud and clear, but we cannot guarantee anything, let alone what a Judge would rule.

JudyKayTee · Oct 15, 2008, 11:10 AM

Originally Posted by cherrichik

It wasn't meant as a offending or disrespectful attitude in any way.

And as for being able to go through AMP, i know that i was seriously fortunate getting into the program, i thnk the only reason i was granted it was because to RCMP officer who was looking after the case was the one who pushed for it. I also know that i can't be given that chance again, and thats why i came here to see what the real outcome of this could be.

I answered that - you could get jail; you could get probation; you could be told you're a bad person.

Only the Judge knows.

ScottGem · Oct 15, 2008, 11:12 AM

I'll go out on a limb here and state that I doubt if you will get jail time. But you will now have a criminal record that will follow you for many, many years.

cherrichik · Oct 15, 2008, 11:18 AM

I know that I am going to be slapped with the criminal record, I was expecting that right from the get go, I was just wondering what the most likely punishment was going to be. Thank you for all you help everyone.

JudyKayTee · Oct 15, 2008, 01:32 PM

Originally Posted by cherrichik

I know that I am going to be slapped with the criminal record, i was expecting that right from the get go, i was just wondering what the most likely punishment was going to be. Thank you for all you help everyone.

My last word would be not to attempt this without an Attorney - this time it's a small offense but it was not the last time. I don't know exactly how Canada works this but if there is any record out there (arrest record but not a conviction record) this could really leave you in trouble.

cherrichik · Oct 15, 2008, 05:22 PM

Last time I was never really arrested, I didn't even see the cops until about two weeks after the incident. He called me and asked me to come in and get printed and explain the AMP to me and that he filled out the paperwork for it and gave me the court date.

There would still be the record of the theft and the diversion though which I know is going to screw me.

cherrichik · Nov 5, 2008, 09:42 AM

Ok I just have one other question, is it possible to get the disclosure papers before the first apearance? And if so, do I have to have a lawyer to do that for me, or am I able to get them myself? Will it state how the court is proceeding (summary, indictive... ) I just want to try and get as much info as I can before I get to court... the first appearance isn't for over a month still.

ScottGem · Nov 7, 2008, 06:56 AM

You should be able to get a transcript of your first appearance, just go down to the courthouse and ask.

cherrichik · Nov 7, 2008, 12:31 PM

I haven't had my first apearance yet, it isn't until December 15. I was wondering if it is possible to get any info before then...

ScottGem · Nov 7, 2008, 01:09 PM

Like for instance?