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    drshag's Avatar
    drshag Posts: 2, Reputation: 1
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    #1

    Feb 21, 2011, 04:03 PM
    Theft under $5000 British Columbia
    Hello, I have a situation that has become way out of hand. About 5 months ago I was shopping with a friend, and we went into a Shoppers Drug Mart: I wanted to pick up some small items, so I put them in the plastic bag with the rest of my things, not with the intent to steal them. I was under a lot of stress; I have been dealing with a spinal injury, my girlfriend lives across the world, and the obvious pressures of university. We left the premises and began to walk away, and then this large man approaches me from behind and grabs me. I become startled and try to get him off me, and which point he starts to get very physical with me and tries to subdue me. I eventually stop resisting because I realize what is going on and then they bring me into the back, into their office with the security cameras and everything. I start apologizing profusely, and he tells me my rights, asks if I want to call a lawyer (I say no) and then asks for my ID. So I give it to him and they take down my information and gives me a form to sign (I believe it was a form to say that I am no longer allowed in their stores, and I was so overwhelmed that I do not remember what else it was). He writes up a report and then takes my picture and lets me go. I do not think that he was a police officer, but could he have been? Because they did not call the police during this process. The items could not have been worth more than $20 combined, and they got them back. About a month after that I receive a civil recovery letter for $500, saying that they will sue me if I do not pay them back. So I pay them hoping that the whole ordeal would blow over. Now, the other day I received an email from a constable saying that he has an outstanding warrant for me for "theft under $5000". I truly am not a bad person, I am a hard working 20 year old sciences student who would never harm anybody. I cannot afford to have a criminal record. This would be a first offense for me and it is turning my life upside-down. I cannot concentrate in school and I basically stopped eating because I am so stressed. Would I be able to plead innocent? I have also read about an "Adult Diversion Program", but does this have an effect on my criminal record? Will this affect my traveling opportunities? I am not a criminal, and I feel that I am fully being treated like one. Any help would be greatly appreciated. Thank you.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #2

    Feb 22, 2011, 09:21 AM
    You agree you "inadvertantly" put them in your bag and walked out of the store. The fact that they got them back is irrelevant, that's called shoplifting. You cannot plead "innocent" you can plead "not guilty" and go to trial. Plead your case there but remember, you did sign papers-why didn't you get a copy- probably indicating guilt. You feel you are being treated as a criminal? Shoplifting is a crime.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 22, 2011, 09:26 AM

    Sorry but no one "inadvertently" puts items in a shopping bag. You were shoplifting.

    You confessed.

    I'm sorry but shoplifting DOES hurt other people and shoplifting IS a crime, making you a criminal, although, admittedly, not a hardened criminal.

    Go to Court, apologize, be contrite. You may or may not have a permanent record. That's up to the Judge.

    I would NOT continue with the "inadvertently put in shopping bag" story. No Judge is stupid enough to believe it.
    drshag's Avatar
    drshag Posts: 2, Reputation: 1
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    #4

    Feb 22, 2011, 02:48 PM
    Thank you for your answers
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Feb 22, 2011, 03:38 PM
    Quote Originally Posted by drshag View Post
    ... they take down my information and gives me a form to sign (I believe it was a form to say that I am no longer allowed in their stores, and I was so overwhelmed that I do not remember what else it was)
    ....
    About a month after that I receive a civil recovery letter for $500, saying that they will sue me if I do not pay them back. So I pay them ...
    You need copies of these documents. I find it difficult to believe that the store would extort this money from you without promising not to prosecute should you agree to their terms.

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