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MrDeedles · Oct 4, 2010, 09:47 AM

So, I'm in a serious bind right now. I worked at Wal-Mart for a few months and during that tenure, I shoplifted somewhere around 1500$ in merchandise and cash (mostly cash). I'm not going to write a long story on why I did it. I had my reasons, but there is no excuse. Since this was my first (and last) time committing an offense and going through the process of arrest etc, I didn't know what to do. The loss prevention officer basically gave me an ultimatum, he said either I sign a piece of paper saying I did it, or I would end up in jail for sure. So, I did. I realize now that wasn't the smartest move.

I've had a few court appearances and had it put over until I could get council. As a full time student, making a mere 800 dollars monthly (student finance), its hard to afford a lawyer considering they all want a minimum of 500-1000 dollars up front. So I contacted legal aid, and they repeatedly turned me down (even after I took duty councils advice and specified that it was employee theft). Now I'm at a loss.

I have trial tomorrow (after the first trial was postponed because the witness, the loss prevention officer couldn't make the last one, albeit I was there and was ready to proceed the best I could), and according to the little bit of law I've been taking in school (to learn about liability), and my own research, the alternative measures program and things of the like are things I do qualify for, but due to it being employee theft, it is not a likely scenario.

From what I gather, my best option would be to meet with duty council, AND the crown prosecutor when I arrive at the courthouse in the morning and explain my situation, why it wouldn't be a good idea for me to go to jail (due to the fact that if I withdraw from school, I can't return for another 4 years, and I'm going to school in the first place so I never have to work at places like Wal-Mart again), and express that it would be a waste of tax payers money for them to put me in jail, as well as explaining my circumstances and that this isn't something I would ever think of doing again.

So basically, my question(s) is, what am I looking at here, and what is your advice?

MrDeedles · Oct 4, 2010, 09:50 AM

I should also note that I am from a small town east of edmonton, and that I'm 22 years old and that this is my first offense.

smoothy · Oct 4, 2010, 09:52 AM

Because of your mention of Alternative measures I assume you are in Canada. What area as my understanding is those vary greatly by location. Members familiar with Candian law will answer soon.

smoothy · Oct 4, 2010, 10:10 AM

Ok... see your follow-up post was being made while I did mine... we have a number of members familiar with Canadian law that will answer soon.

MrDeedles · Oct 5, 2010, 10:05 AM

All right, so great news. I went in there this morning ready to face the music. I had no lawyer, and no idea what to do, but I knew I needed to go there and say my piece.

I went before the judge, and he confirms my identity, to which I say "Yes your honor". He asks me to say anything I need or want to say, to which I explain my situation right now. He looks over at the crown, and I nervously do so as well... and the crown says "My witness hasn't show up for a second time due to his military obligations, so I am withdrawing all charges and moving for a dismissal, if this would work for the court today". The judge says "you're free to go, Mr. Deedles" (name substitute).I turned to the crown, and shook his hand, and then looked at the judge and said "I would like to shake your hand your honor". He allowed me to approach the bench and shake his hand. I said thank you sir, and left.

I got lucky. Not even a record. I am still curious as to your opinions. I know I got off easy, I was ready to deal with the punishment. Also thank you for not judging me:)

smoothy · Oct 5, 2010, 07:18 PM

You dodged a big bullet there. Consider this a second chance. If there ever is a next time... you won't likely get this lucky. Not a judgement... many of us have had lucky breaks of some sort and used them as a learning experience rather than forgetting them. Myself included.

I can't comment on potiential penalties in Canada... its outside my scope of knowledge. Someone else will have to give you a worst case sentence for that offence so you can judge just how lucky you were they didn't show up..