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Eternity Lost · Jan 23, 2007, 09:24 PM

All right, as much as it's shameful I do need to know what I might be facing.

I worked at 'The Bay' in Kingston, Ontario, Canada. Some stupid stuff happened and I ended taking about $450 over the span of two weeks. I did this by using the receipt copies to do refunds for the cash, that way the until would balance at close.

I got caught doing this and I'm now being charged with 'Theft Under $5000'. I don't think the fact that I worked there matters, although it won't look good when applying for a new job.

I'm 18 years old, and this is my first offence. I've made an arrangement to pay back the money I did take from the store. The security person said that doing so would be beneficial to me.

What I do want to know is what I'm likely looking at for a sentence. I am pleading guilty, as I'm caught on tape doing the final transaction, and they have evidence pulled from their main computer. I don't know if I need any legal representation, as I am just going to plead guilty to this.

So guys, what am I most likely looking at for a sentence? Should I get some sort of lawyer or attourney?

Eternity Lost · Jan 23, 2007, 09:38 PM

What are the chances of a prison sentence?

Eternity Lost · Jan 23, 2007, 09:47 PM

No contest the same as pleading guilty?

Thanks for your quick answers.

Eternity Lost · Jan 23, 2007, 10:00 PM

So pretty much it's dismissing everything and just accepting a minor punishment, than?

I'll pretty much do whatever to not go to jail. :D

CaptainForest · Jan 23, 2007, 11:38 PM

Hello Eternity Lost,

The MAXIMUM sentence you can receive here in Canada for theft under $5,000 is 2 years in prison.

This being your first offence, PLUS the fact you are making restitution, you probably can get off without jail time.

Consider getting a lawyer, or at least go and talk with the Crown prosecutor and try to work some sort of plea bargain out.

excon · Jan 24, 2007, 05:55 AM

Hello:

DOGG took exception to my remark. Had he been polite, I would have politely corrected him. But, he's not polite, so I'm not going to politely correct him. I'm just going to correct him, because he's DEAD WRONG, and a jerk to boot.

Pleading no contest has nothing to do with whether somebody is convicted.

If somebody is convicted, how they plead has nothing to do with their record or the conviction.

excon

PS> (edited) Hmm. Seems the DOGG split. Oh, well.

ScottGem · Jan 24, 2007, 07:24 AM

I don't know what TheDogg's background is, but I would be careful following his advice. I would do a search here for Theft under $5000. There are several threads from people in a similar situation to you. Including some very good advice for first offenders.

The problem in your situation is that this wasn't a one time deal, but a systematic attempt to embezzle money. That might mean a judge going harder on you. But its still unlikely that you will get jail time for a first offense of petty amounts.

DO get an atty who will help you get the best deal they can.

By the way, a No Contest plea is usually taken by a judge as a guilty plea and sentencing is based on that. The No Contest plea is usually used when there is a possibility of a civil law suit. So the defendant does not officially admit guilt.

Eternity Lost · Jan 24, 2007, 10:12 AM

Captain,

You seem to know what you're talking about, as most of your posts over the past few hours.

What are the chances that jail time will be issued?

ScottGem · Jan 24, 2007, 10:31 AM

For ANY first offender, jail time is an unlikely option unless the crime is very serious and involves violence.

Eternity Lost · Jan 24, 2007, 10:40 AM

Thanks, Scott.

I will try to get a lawyer, although not too sure I can afford one. I'm sure you wouldn't recommend just going in blindly and pleading guilty from the start, right?

ScottGem · Jan 24, 2007, 10:42 AM

Correct. Did you look for other threads as I suggested? There is an Alternative measure available in Canada for first offenders like yourself. I strongly urge you to find the threads and look into that.

CaptainForest · Jan 24, 2007, 02:22 PM

Jail time would be unlikely in this case, but no impossible, as Scott has mentioned.

Going in and just pleading guilty would be a bad thing.

Consider getting a lawyer, or looking into Scott's program, or talking with the crown attorney yourself.

My suggestion is to talk with a lawyer.

SecurityGal · Jan 25, 2007, 07:32 AM

I would think that being above the age of 18, you should know right from wrong. For starters, why did you think you could get away with it? In the age of computers and covert cameras, this was not a wise decision. Hopefully, this is a one time event and you have learned.
As the previous writers stated, work with the crown prosecutors to see what type of plea you could get. Most often, you will not see jail time, only probation and restitution. Hopefully you have learned a great lesson. In the states, we have a program for young adults. If you stay out of trouble for a designated time, your record could be expunged after completing the required time.
Take this as a lesson! Don't take what is NOT yours!

Good Luck.

Eternity Lost · Jan 25, 2007, 08:18 AM

Thanks everyone.

SecurityGal · Jan 25, 2007, 08:36 AM

Didn't think this was a lecture. Maybe a wake-up call is needed. What did he do with the $450.00? Maybe he could use it to pay for a lawyer instead of asking for free advise!

excon · Jan 25, 2007, 09:04 AM

Originally Posted by SecurityGal

Maybe a wake-up call is needed.

Hello again, Security:

I don't disagree with your assessment - only where it's placed. If you want to discuss how criminals need to be taught a lesson, there's a crime board where that kind of stuff is welcome.

Originally Posted by SecurityGal

What did he do with the $450.00? Maybe he could use it to pay for a lawyer instead of asking for free advise!

Oh, ho! Your assessment has turned into attitude. Again, maybe your anger toward your troubled brethren might be better received where other people are talking about the same thing.

Those aren't the things we talk about here - unless we get a child molestor - then I'll talk about him myself. But, come on, lady – this is a lousy $450!

excon