[romankuzyk88]

Hello.
Thank you very much for taking time to answer my questions.
I have just been caught steeling in The Bay. I stole stuff for around 100$, and got arrested right away. It was my first time steeling ever, and I was very cooperative with the security and police.
I'm an international student in Calgary, Alberta, Canada. And what I'm afraid the most of is getting any kind of record that could affect my studying or being in Canada. As far as I understand, and as the officer said, they are going to give me some community service to do, as I was really nice to them, and it was my first time.
But for me there is more to it. I live with my uncle, and I would really not want him and his family to find out about it. There is a lot of stress already on their shoulders, and I don't even want to think what would happen if they found out. But I gave my home phone number, and address.
I would like to know if I'm going to be getting any phone calls, or mail, if I do everything they told me, and show up in the court on time? Do you think it is possible to pull it off without my family finding out about this?
And, if I get the community service, how many hours would that probably be? And, the last one, how much will I be charged for all this business?
Than you soooo much for your answers.

[JudyKayTee]

Hello.
Thank you very much for taking time to answer my questions.
I have just been caught steeling in The Bay. I stole stuff for around 100$, and got arrested right away. It was my first time steeling ever, and I was very cooperative with the security and police.
I'm an international student in Calgary, Alberta, Canada. And what I'm afraid the most of is getting any kind of record that could affect my studying or being in Canada. As far as I understand, and as the officer said, they are going to give me some community service to do, as I was really nice to them, and it was my first time.
But for me there is more to it. I live with my uncle, and I would really not want him and his family to find out about it. There is a lot of stress already on their shoulders, and I don't even want to think what would happen if they found out. But I gave my home phone number, and address.
I would like to know if I'm going to be getting any phone calls, or mail, if I do everything they told me, and show up in the court on time? Do you think it is possible to pull it off without my family finding out about this?
And, if I get the community service, how many hours would that probably be? And, the last one, how much will I be charged for all this business?
Than you soooo much for your answers.

Their only means of contacting you is by phone or mail at your Uncle's house so, yes, I would say that your Uncle will find out. Here's my other concern - people post all the time that they've been arrested and don't want their families to find out. I understand the problems these arrests can cause but I don't understand why anyone would compound stealing by lying. No way to know if you can "pull this off."

Ontario has a diversion program; from what I can read (and what has been posted before) Alberta does not other than for those who are legally mentally ill and commit crimes and the Judge decides on a case by case basis. The only way to know what the sentence will be is to hear that info from a Judge or retain an Attorney who knows what "usually" happens.

Maybe I'm being hard on you; maybe I'm not. I own a retail store. Yesterday we had another shoplifter and now I have to go down to the Police Station AGAIN and file the reports and so forth - so today I'm not warm and wonderful toward shoplifters. (The shoplifter caught in my store was also "very nice" to the Police and very cooperative - right after he got caught.)

[romankuzyk88]

Their only means of contacting you is by phone or mail at your Uncle's house so, yes, I would say that your Uncle will find out. Here's my other concern - people post all the time that they've been arrested and don't want their families to find out. I understand the problems these arrests can cause but I don't understand why anyone would compound stealing by lying. No way to know if you can "pull this off."

Ontario has a diversion program; from what I can read (and what has been posted before) Alberta does not other than for those who are legally mentally ill and commit crimes and the Judge decides on a case by case basis. The only way to know what the sentence will be is to hear that info from a Judge or retain an Attorney who knows what "usually" happens.

Maybe I'm being hard on you; maybe I'm not. I own a retail store. Yesterday we had another shoplifter and now I have to go down to the Police Station AGAIN and file the reports and so forth - so today I'm not warm and wonderful toward shoplifters. (The shoplifter caught in my store was also "very nice" to the Police and very cooperative - right after he got caught.)

Thank you. I totally understand you. And I already decided on telling my uncle. The problem is that I'll probably get kicked out of the house... Anyway, thank you. How about the rest of the questions? Anyone knows?

[cherrichik]

Ontario has a diversion program; from what I can read (and what has been posted before) Alberta does not other than for those who are legally mentally ill and commit crimes and the Judge decides on a case by case basis.)

Not true actually, Alberta has a diversion program called the alternate measures program (AMP). It works pretty much the same as in Ontario. As far as I know it does not have much to do with mental illness.

You still have to be accepted into the program, and once that happens you meet with the people in charge of it and then they decide on community service hours, or payments, or any other details or conditions to the program.

When I did it (for theft under), I had 3 months to do 100 hours of community service and had to write an essay as well as a letter of apology.

But it is up to the court/judge to decide if you are worth putting into the program.

[JudyKayTee]

not true actually, Alberta has a diversion program called the alternate measures program (AMP). It works pretty much the same as in Ontario. As far as i know it does not have much to do with mental illness.

You still have to be accepted into the program, and once that happens you meet with the people in charge of it and then they decide on community service hours, or payments, or any other details or conditions to the program.

When i did it (for theft under), i had 3 months to do 100 hours of community service and had to write an essay as well as a letter of apology.

But it is up to the court/judge to decide if you are worth putting into the program.

Would you please post your site so that I will have the correct info. Every site I find refers to the program and mental illness or disability and states, otherwise, it's totally at the discretion of the Judge.

In the event it DOES pattern after the Ontario program, here is what I wrote about Ontario and diversion:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Curt appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

[romankuzyk88]

Thank you so much people. I feel a little better now. I've probably just had the worst day of my life. And my hart rate never went down below 100/min, as I 'm terrified with what could happen. In the worst case scenario I'll get deported, and all my hard work so far will be good for nothing (I'm one of the top students of my faculty, and just got a big scholarship yesterday). I'm yet to tell it to my uncle, and that's what I'm afraid the most about probably, as I might just end up on the street tonight.

[ramc]

You have written that you got arrested... if police allowed you to go from shop then you are only charged.. you are not even arrested... arrested means behind the bars

[cherrichik]

Would you please post your site so that I will have the correct info. Every site I find refers to the program and mental illness or disability and states, otherwise, it's totally at the discretion of the Judge.

I don't really have a site as a source, just from experience, which isn't much because that's only one situation. But when the Officer was explaining it, there was no mention about mental illenss or disability. It is at the descretion of the crown to decide who is accepted into the program however. So it does vary case to case much as it does in ontario.

[romankuzyk88]

You have written that you got arrested....if police allowed you to go from shop then you are only charged ..you are not even arrested........ arrested means behind the bars

Well, I've been told at least 3 times that I was under arrest. But it doesn't really matter. What matters is what I do next. I set up an appointment with student legal services. I read that they know what to do in these situations. The problem only is that my biggest concern was that school might find out about it and I would get kicked out. And now I actually go to them for help. I'm not sure if it's a good idea. Also tonight I'm going to go to a police station. I don't know which one I should go to. There is one right at the same mall, but since I'm not allowed to enter it for next 2 years, I guess I'll go to a random one downtown. Hopefully they will tell me what my options are.
I still can't believe it happened. This could totally change my life. I've never been that anxious in my life.

[JudyKayTee]

Well, I've been told at least 3 times that i was under arrest. But it doesn't really matter. What matters is what I do next. I set up an appointment with student legal services. I read that they know what to do in these situations. The problem only is that my biggest concern was that school might find out about it and I would get kicked out. And now I actually go to them for help. I'm not sure if it's a good idea. Also tonight I'm going to go to a police station. I don't know which one I should go to. There is one right at the same mall, but since I'm not allowed to enter it for next 2 years, I guess I'll go to a random one downtown. Hopefully they will tell me what my options are.
I still can't believe it happened. This could totally change my life. I've never been that anxious in my life.

I can't imagine that the school will throw you out and hopefully your family will realize that people make mistakes and get over this. Not saying you did the right thing but it's if you do it again that should count.

I'd go to school legal services and skip the Police for now - I don't know what they can do for you at this point.

[romankuzyk88]

Do you also know about the fingerprinting? Is it something that could pop up when processing my visa? And if I don't get a record, do I still have to say that I committed a crime, when asked in applications? Because if I do, that would mean that I won't be able to leave Canada and then come back, or even get a job.