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CriminalLawyerTO
CriminalLawyerTO, Criminal Defence Lawyer
Category: Canada Criminal Law
Satisfied Customers: 1251
Experience:  After articling at a boutique criminal defence law firm, I started my own law practice, focused on criminal defence.
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I stole a camera from my aunt and pawned at the pawn shop 11

Customer Question

i stole a camera from my aunt and pawned at the pawn shop 11 years ago, and i went to court for the first hearing , dont rmemeber what happened, and i came back to canada after 11 years and i decided to do a police check and it seems that i have a warrant for my arrest for theft under 5000 dollars. i am not sure what to do . i came here with my family and i am planning to work in the banking industry but i believe this warrant will hinder that . i have no criminal record and this is my first offense what should i do
Submitted: 3 months ago.
Category: Canada Criminal Law
Expert:  CriminalLawyerTO replied 3 months ago.

Unfortunately warrants do not "expire", so there is no way to get rid of it without fulfilling it by turning yourself in and dealing with the charges. Given the minor nature of the charge and fact it happened so long ago, it is unlikely the prosecutor will be seeking a very serious penalty, but regardless the only way you can have this cleared would be to attend a police station to surrender yourself under the warrant so you can be charged accordingly and deal with the matter in court.

Expert:  CriminalLawyerTO replied 3 months ago.

Hopefully that answers your question

Customer: replied 3 months ago.
i understand. but if i go to the station and surrender myself. i will obtain criminal charges on my record and this will hinder my chances of getting a job in a bank . is there any way to remove theae charges ? because icbelieve the pawn shop has filed a report that this item was stolen.
Expert:  CriminalLawyerTO replied 3 months ago.

If you did not attend court after being charged criminally and directed to attend court to deal with your matter, and you didn't attend, then there is absolutely no way around it: if you want to get rid of the warrant you must surrender yourself, and yes that will lead to you being charged with the additional charge of Failure to Attend Court, as well as still having to deal with your Theft charges. That is the only option if you want to satisfy the warrant; there is no other way to get rid of the warrant or otherwise remove the charges without doing that.

That being said, just because you are charged doesn't mean you will get a criminal record; you may get a Discharge, which does not amount to a conviction / criminal record. But regardless, you'd still have to surrender yourself, and get charged, in order to do that.

Customer: replied 3 months ago.
i am on my way to calgary . should i go to the court first or the rmcp? as i do not have the full details of the charge. i do have a court file number .i have spoken to the rcmp in kelowna and they have informed me the warrant is an endorsed warrant, not sure what that is. and how long does it take for the discharge to happen?
Expert:  CriminalLawyerTO replied 3 months ago.

You would have to go to the rcmp first as you would only get a court date when the police execute the warrant and lay the charges.

As for how long the discharge takes, it depends on if and when you decide to plead guilty or are found guilty after trial.

Customer: replied 3 months ago.
one last question. i surrendered myself ans got arreated and was released on bail to attend court. i did and the other party dropped the charges and i we t to court and the charges were withdraw . i went to the police to inquire who filed the complainr but they informed me they cant release that information. i requeted for the disclosure from court i think that would have that information. can you olease tell me how to find out who put out those charges ?
Expert:  CriminalLawyerTO replied 3 months ago.

If you can try and get the disclosure from the criminal case then it will have the statement from the person who made the allegations. If you can't get that then you'd likely need to bring a formal legal application to get that information. And if it was a confidential informant (which I doubt it as) then you wouldn't be able to get it. It is likely not worth the time and money.

Hopefully that answers all your questions. Would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much.

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