I would never appear in court without an attorney. I have no idea how the law works in Canada so don't know if you have access to free attorney services. It might be a good idea to contact your local Bar Association to find out what your rights are as far as access to an attorney goes. Good luck!
2006-07-22 16:54:38
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answer #1
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answered by ilse72 7
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Lawyers are expensive, especially if you were caught on video camera or made a confession or what. You might look into some sort of pro bono court appointed lawyer if you would like. Thats free.
If this is your first offense, then it will be most likely pled (if you acknowledge that you stole) down to a simple misdemenour with nothing but a fine attached to it. The most ever heard in a case was community service.
Dont worry, we all do stupid stuff. I've never stolen, but everyone has made mistakes. If its a misdemenour (as I bet it will be) then you have nothing to worry about.
Good luck!
2006-07-22 16:54:53
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answer #2
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answered by emvannattan 3
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First of you need legal representation. They offer a legal aid or public defender free of charge. 2 if they have you on camara they have you in what the courts call "dead of wrong" which simply means that you where caught red handed. If they do not have you on camara and the only thing they have against you is statements of other employ's you still have a fighting chance. Ask 4 your supplemental discoveries which will contain any statements written against you, any physical evidence(remember) a jury has to find you guilty without a reasonable), your mittimus, and anyone who will testify against you. Your charge is considered a felony in most states with a sentencing minimum of 2 -5 yrs. This felony is probational and can be exponged from your back ground after so many years. make sure you plea not guilty until you know what strong solid evidence they have against you. There is also something that might be of great benefit to yourself, it's called motion to suppress evidence, basically your asking the judge for permission that the prosecutor dosen't use that evidence against you. Remember never except the first deal the states offer you, always make them work for that conviction. Let me know how I can help you beat this case by sending me emails to wilfredburgos@yahoo.com. Their is plenty more information but I need to know more about your case send me an email anytime.
2006-07-23 18:54:01
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answer #3
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answered by R30695 2
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As a 15 yr police officer (Large city Ontario), I can clarify a few things for you.
First off, the court won't appoint a lawyer. It is up to you to seek counsel privately, or through legal aid if you qualify.
Secondly, we don't have misdemeanors in Canada. It's summary conviction and indictable offences. Charges proceeded by summarily will stay at the general division level in front of a provincial court judge and hold lesser penalties. Indictable offences are held in superior court, by judge alone, or judge and jury, however some can remain at the provincial level. Indictable offences carry greater penalties. Given that it is a first offence, I would expect the crown to elect prosecution summarily.
Lastly, a criminal record does mean a lot of things, and certainly can have a negative effect on you. In particular, when convicted of theft, you lose all credibilty in employers eyes and more and more employers are requiring record checks for this exact reason. Further, this being an internal theft aggravates things further due to the breach of trust issues. And although rare for them to check, but you could run into difficulties at border crossings with a record. Pardons can be applied for only after 5 years from date of conviction.
Now, assuming you live with mom and dad, then you may have difficulty obtaining legal aid, as they will consider your parents a source of income, especially if you are a live at home student. If you live on your own, you may have better luck. However, I can tell you that legal aid will not provide you many options and only minimalistic representation due to pay and caseload issues. Hiring a lawer will cost you upwards of a couple of thousand dollars at the minimum. If you lay the cards on the table at the onset, and indicate your desire to find a suitable resolution they may agree to a lesser amount based on the fact that they don't have to prepare a defense or run a trial.
Alternately, you can contact you local crown attorney's office and request to speak with the crown attorney assigned to your matter, if in fact your jurisdiction follows this protocol. The crown is always receptive to resolving a matter, especially first offences without a trial. Fortunately, there are now alternative measures programs which will leave you with no record.
This option is the one I would try first if you feel as you have stated above. Explain your concerns and express your remorse. Discuss your plans for restitution and for a letter of apology. Be sincere. Advise them as you have us. Most crowns will be receptive to this and will work with you and the victim to resolve the matter. The only complicating issue again, is the breach of trust between you and your employer. In most likelihood, sincerity will get you further than any lawyer will.
Some options that will leave you without a permanent record, while still accepting responsibility are Alternative measures and absolute and conditional discharges. A suspended sentence, although no fine or other penalty is imposed, still results in a conviction and a record.
Should you wish further advice, and possibly some more accurate info based on your locale, I'm willing to discuss things with you.
2006-07-22 18:53:58
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answer #4
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answered by Jim D 3
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Look stop beating your self up,People make mistakes.Sound like you did too, fine you can't change the past,but u can control the future.1st GET A LAWYER NOW not a Public defender.He/She is going to want a retainer.Tell your Mother/Parents.(Parents might get mad but they will(should)always love you.The feeling of guilt/sham is good.U know you did something wrong.Remember this feeling.DON'T DO IT again. If you talk w/ a good lawyer you will feel better just talking to them on the phone.Stop feeling like this ruined your life,it won't.It will change it a little But use this as a learning experience. Lawyer up,cause the cops usually just want the court time.
You will be fine as long as you are in the hands of a good attorney.
2006-07-22 17:40:42
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answer #5
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answered by Anonymous
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I suggest you get a lawyer, I don't know the amout, but it sounds like you could be charged with grand theft. Not good!!! do not say or admit anything wrong doing, to anyone, not even the cops and if you made or wrote out a statement that you were guilty and you did this act, you are in big trouble. Call the court house and ask if the have a public defender to help with your case. Good luck and don't be so stupid!! this could be on your record for life
2006-07-22 16:56:08
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answer #6
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answered by Trish B 1
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While it seems like a huge screw-up right now, it will come into perspective w/ time. Sure, it was not the smartest thing to do, but it's not like you killed someone either. Yes, sure, we could all condemn you for doing something illegal and getting caught and besmirching your otherwise spotless record - that should be taken into account by the way. But I won't. I"ll just offer this advice - Do protect yourself by getting a good lawyer. Do tell your parents - explain how you had a moment of weakness - you will need their support. Be remorseful, be responsible for your actions, don't miss any court dates, and know that this one dumb act is not going to define you for life. Good luck.
2006-07-22 16:57:28
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answer #7
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answered by workingclasshero 5
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Everyone has done something in there life there NOT proud of ! Its NOT the end of the world, So go talk to a att. Your 1st visit is free, Never go to court without one, Since its your 1st mess up they may drop it down or all together, Go on with your life and learn from this, Hopefully the people you took the stuff from wont press the charges more, That is who really holds the key.
2006-07-22 17:07:01
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answer #8
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answered by dontknow86 6
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i hope you need not go to the lawyer because it may cost some more dollar , just go to the court in given day and accept the charge , before that go to your work place and apologies for your fault in may skip the case , and after this you if you lie again then you will be charged extra , at least be honest and solve the problem with brave mind , just say Yes i did it because my madness i will accept the charge , there is no matter about worrying "Human is Error" , even killer and the mass looters are roaming the city joyfully , why you worried face the problem with true mind don't try any more mad play
2006-07-22 17:02:35
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answer #9
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answered by Maximus 2
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i personally have never been in that kind of trouble. but i say just show up in court on your date. i doubt anything horrible will happen (jail time). they will probly put you on probation and make u do community service and pay a fine or something. but youll have a hard time getting a job in the future. dont get a lawyer, i dont think, it wold just end up costing more money. just go in there saying what you said to us, you have no idea why you did it, your such an idiot, youll never do it again. and maybe they will let u off easy!
2006-07-22 16:54:32
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answer #10
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answered by Jeanine G 3
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