Check out some similar questions!

mistake · Nov 2, 2006, 06:34 AM

:( I made a very stupid mistake last month, stole some nail worth under 10$ from Canadiantire, caught by security and they called police. I got a ticket from police that notice me to make fingerprint next week to police station, and go to court by the end of this month.Now I 'm unemployment, so I can't afford a lawyer, so if no laywer ,how is the worst result for me? In additional , yesterday , I got a letter from lossrovery Inc who act on behalf of Canadiantire, they said I should pay them 380$ for the item. Do I have to pay it? Really need advice from anybody,thanks in advance.

ScottGem · Nov 2, 2006, 06:51 AM

First, I would read this thread:
https://www.askmehelpdesk.com/crimin...ion-39906.html
Especially the 9th post from BHayne.

Second, You do not have to pay, but I would respond to them asking how they arrived at that figure. I'm assuming the stolen property was recovered when you were stopped by the security officer. So this sounds like simple extortion to me. Depending on how they justify that amount, you might have some leverage against them.

Finally, I'm not sure how Canadian courts work in these instances, but the most I can see happening is that you get probation for a first offense.

s_cianci · Nov 2, 2006, 06:53 PM

$380 for a theft of less than $10 sounds a little steep. They're probably trying to get you to pay their legal fees as well as make restitution for the actual theft. It's hard to predict whether the judge would go along with that. Have you tried to negotiate with them yourself? Offer them say $20 in restitution (that's double the amount of the theft) in exchange for your promise never to go in that store again and their promise to drop the charges against you? That way, nobody has to go to court so nobody has to worry about affording legal fees and investing hours in court waiting for the case to be called. It's easier on both you and them.

mistake · Nov 3, 2006, 04:28 AM

Originally Posted by s_cianci

$380 for a theft of less than $10 sounds a little steep. They're probably trying to get you to pay their legal fees as well as make restitution for the actual theft. It's hard to predict whether or not the judge would go along with that. Have you tried to negotiate with them yourself? Offer them say $20 in restitution (that's double the amount of the theft) in exchange for your promise never to go in that store again and their promise to drop the charges against you? That way, nobody has to go to court so nobody has to worry about affording legal fees and investing hours in court waiting for the case to be called. It's easier on both you and them.

I don't think this including legal fee, they gave me a due day to pay it,and say if not pay, I will be responsible for further more interest and legal cost.:(

ScottGem · Nov 3, 2006, 06:54 AM

This sounds like a scam to me. Again, not being familiar with the Canadain legal system, I can't be sure, but theft is a crime against the state. If you are arrested for theft, you have committed a criminal act. Therefore you are prosecuted by the state at the state's expense. If that's the case, then CanadianTire has incurred NO real expense. So for them to charge you for expenses doesn't make sense.

As I said earlier, I assume they recovered the stolen item when you were caught. So there is nothing that you should owe. So my original advice stands. Write them back and ask for an exact accounting of how they arrived at that figure. Do not be intimidated by their threats.

bhayne · Nov 3, 2006, 07:57 AM

Take it one step at a time.
1. deal with the arrest (forget the money for now; that is another step for another court)
2. Pay them for the item's worth (restitution or restocking fees = 20% of value). Don't bother trying to get forgiveness from Canadian Tire. They are cheap and they are not sympathetic. If they accept restitution, great! If they don't, at least you made the effort.
3. Take the Alternate Measures Program so you don't go to Criminal court and you don't have a criminal record.
4. Then come back to this board to deal with the excessive amount of money that Canadian Tire wants.

CaptainForest · Nov 3, 2006, 10:05 PM

How old are you?

Re: The civil issues with Canadian Tire. Write the lawyers back asking them for a break down as to how they got to $380. In the mean time, pay them NOTHING.

Re: Criminal case with the Crown. Get a lawyer, a public defender, whatever. If this is your first offence, odds are you will NOT get any jail time.

mistake · Nov 3, 2006, 10:36 PM

Originally Posted by bhayne

Take it one step at a time.
1. deal with the arrest (forget the money for now; that is another step for another court)
2. Pay them for the item's worth (restitution or restocking fees = 20% of value). Don't bother trying to get forgiveness from Canadian Tire. They are cheap and they are not sympathetic. If they accept restitution, great! If they don't, at least you made the effort.
3. Take the Alternate Measures Program so you don't go to Criminal court and you don't have a criminal record.
4. Then come back to this board to deal with the excessive amount of money that Canadian Tire wants.

Thanks for your information,but I don't have any idea about alternate measure program, could you give me more detail inf about it?

mistake · Nov 3, 2006, 10:40 PM

Originally Posted by CaptainForest

How old are you?

Re: The civil issues with Canadian Tire. Write the lawyers back asking them for a break down as to how they got to $380. In the mean time, pay them NOTHING.

Re: Criminal case with the Crown. Get a lawyer, a public defender, whatever. If this is your first offence, odds are you will NOT get any jail time.

:( I'm not teenager, Its stupid mistake for me,at that time I don't have enough money with me,when I get out ,I feel regret, so I want to borrow money from my friend to pay it, unfortunately,before I do it, security guy caught me

ScottGem · Nov 4, 2006, 04:09 PM

Originally Posted by mistake

Thanks for your information,but I don't have any idea about alternate measure program, could you give me more detail inf about it?

I already did in my initial response. I gave you a link to a thread where it was previously discussed. Did you bother checking it out?

mistake · Nov 5, 2006, 09:48 AM

Originally Posted by ScottGem

I already did in my initial response. I gave you a link to a thread where it was previously discussed. Did you bother checking it out?

Thanks Scott,I already read that thread.but I'm still confused on how to get that program. BTW, the police officer gave me a duty consel phone number that day, is it of any help for me? They will help me to be off criminal record?

ScottGem · Nov 5, 2006, 11:20 AM

I just plugged the name of the program into a search engine and found:

http://www.solgen.gov.ab.ca/correcti...s.aspx?id=2378

keljai · Jun 3, 2007, 12:15 AM

Originally Posted by s_cianci

$380 for a theft of less than $10 sounds a little steep. They're probably trying to get you to pay their legal fees as well as make restitution for the actual theft. It's hard to predict whether or not the judge would go along with that. Have you tried to negotiate with them yourself? Offer them say $20 in restitution (that's double the amount of the theft) in exchange for your promise never to go in that store again and their promise to drop the charges against you? That way, nobody has to go to court so nobody has to worry about affording legal fees and investing hours in court waiting for the case to be called. It's easier on both you and them.

SO regarding the restitiution. Is this done in person by yourself or by a hired laywer or duty counsel?