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abc159 · Jan 6, 2007, 10:45 PM

Hi
I am 21 and I got caught stealing some dvds in walmart today. And I got caught and they called the cops and I am charged with theft under and possession of property obtained by crime.
So the story is I also steal a dvd yesterday and that's y they have to call the cops and also the charge of possession of property obtained by crime, but they didn't caught me yesterday, they caught me today.
I now have a court date and the cops didn't charge me stealing yesterday (I guess? )
I am in canada, what should I do?
I have saw a few posts like this and I find that 'Alternative Measures program', would that me one of the ways for me or I am no good because I have 2 charges?
This is the first time I am being charged (or get caught)
What should I do?
Can anyone recommend a lawyer if they are in toronto area?
Is there any phone number I can call?
The store didn't ask for a fine or anything
And it is going to be Sunday, and lawyer I can call on Sunday? I am really worry and I need someone to talk to asap
All I want is that there will not be a criminial record

Thanks for reading

abc159 · Jan 7, 2007, 08:13 AM

I have called 2 lawyers I could found in Sunday morning
I asked what will they do and they both said they will represent me on court and will pledge NOT guilty.
Is that the best way to go?
I asked both of them about the Alternative Measures program, 1 of them don't seems to know about it (which makes me not to go for them)
The other is like if I try the program and it is unlikely that I will be accepted (due to really little people can get into the program) and if I pledge guilty then I am screwed

However they both seems to be surprise that I know about this program, thanks ASK ME forum!

And I want to ask that is the reason they don't want me to get into the program because if I do the program then they will not have my money? Or is the program really not a good choice for me?
Thanks

ScottGem · Jan 7, 2007, 10:01 AM

From what I've read about the program, it is definitely something you should explore. If I follow what you said, even though you stole on 2 spearate occasions you were only caught once. So its only the once you can be prosecuted for.

The atty may not want to recommend it because it would mean less fees for him, but I really don't know enuf about how Canadian law works.

abc159 · Jan 8, 2007, 08:59 PM

update

I got a lawyer in my mind who I think will represent me
he wants to move the date forward to like next week or the week after (depending if the count got all the documents yet), so I don't have to do the fingerprint (and if it doesn't work, he has ways to try and destroy the fingerprint in the record)

he said in quite confident that he will finish the case (get rid of my charges that day) all I will do (at least that what he told me today) is that I will pledge not guilty and he will do the rest and try to get me off the charges maybe only some donation or volunteering

he seems like a famous lawyer, I Google and he got quite a few big cases.

we have agree a price and he said he is fine with credit card or cash.

I usually contact the lawyer through a translator (although I don't need it) and I just called the translator to ask for a meeting and the translator said like it would be best to bring cash so there would not be a service charge for the visa card.
is that practice common for lawyer? Or it means it is not a good idea to use this lawyer?

thanks, any inputs are greatly valued

***got some info from ScottGem that because the visa charges about 3% for service charge, there are people who prefer cash over visa, so that does not really means the lawyer is shady, thanks ScottGem***

anyone have idea on the methodology of the lawyer?

CaptainForest · Jan 11, 2007, 08:59 PM

I agree with Scott's answer.

When you use a credit card, Visa charges a service fee.

Usually the company pays for it, but in this case, he doesn't want an extra expense so he is making you cover it.

It has almost no baring as his ability as an attorney.

abc159 · Mar 20, 2007, 11:32 AM

I got a lawyer and he made a deal that if I do 25 hours of volunteer then the charge will be drop
I did it and I went to count today. I think the charge was withdrawn but I got a peace bond saying I can't go to the store for 12 months.
I want to ask will there be a record on me until the 12 months is over.
Mainly I am concern with this because I am applying for jobs
Thanks for all the help

ScottGem · Mar 20, 2007, 11:48 AM

Sounds like you got a good lawyer. If the charges were dropped, then you shouldn't have a record. If asked if you were ever convicted of a crime you can say no.

abc159 · Mar 20, 2007, 12:22 PM

Thanks for the great news!
But I called the lawyer office for this question but he wasn't in
And the assistant try to answer this question (I guess she asked some other lawyer in the office?) and she said she thinks there would still be something show up until sometime after the year is up (ie, if I am stop by some traffic officers)
So she is wrong?

ScottGem · Mar 20, 2007, 12:33 PM

Well first, if you were stopped for a traffic violation they wouldn't check for this. In your previous note you said; "he made a deal that if I do 25 hours of volunteer then the charge will be drop". If the charge was dropped then there is no conviction and no criminal record.

I'm not sure what a peace bond is, but I don't think it's a criminal issue so it wouldn't show up on a criminal check.

abc159 · Mar 20, 2007, 06:22 PM

Well
"he made a deal that if I do 25 hours of volunteer then the charge will be drop". this is what my lawyer told me in feb, after they have the first meeting
But when I went to the count today with the letters, the judge give me this peace band and said that I can't go to the store for 12 months, if not I will get a fine of 500 and have a criminal record.
So I just want to ask if anyone knows what's on my record now, I thought I had nothing on me too, but the assistant (which could be wrong as she doesn't seems to be sure) said I will have a record for the year

CaptainForest · Mar 20, 2007, 09:16 PM

Scott,

A Peace Bond is just our way of saying Restraining Order.

Therefore he can't go near this business for 12 months.

ABC159,
If your lawyer said the charges will be off your record, then he was probably telling you the truth.

Unless the Peace Bond of 12 months was part of the deal? Or just the 25 hours of community service?

abc159 · Mar 20, 2007, 09:41 PM

Thanks for the reply
I would think the deal is only the 25 hours of community service, the Peace Bond is something I just learnt today.
I can't contact my lawyer until Thursday therefore I am looking for what does this peace bond means.
So if the 12 months bond is part of the deal, the record will stay for 12 months?
And if the deal only include the community service hours, then my record is clean now?

CaptainForest · Mar 20, 2007, 10:47 PM

I would assume so, yes.

ScottGem · Mar 21, 2007, 05:26 AM

As Capt said a Peace Bond is a restraining order (thanks CF, that's what I thought it might be). It states that you can't go near a person or place while the order is in place. It should NOT show up in a general search for a criminal record. In your case its basically a form of probation. Its very common, in shoplifting cases, for the store to ban you for a period. If you get caught in the store, then your plea deal could be revoked and a conviction entered against you. If you obey the peace bond, then your record should be completely clean after a year.

Again, you have not been convicted of a crime at this point so there should be no criminal record.

abc159 · Mar 22, 2007, 06:09 AM

What about applying for bank or police work?
Would there be a problem?

ScottGem · Mar 22, 2007, 06:12 AM

There is no way for us to know for sure. My gut feeling is that it wouldn't pose a problem for any employment.