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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2438
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I was at a convienient store couple of days back, i was holding

Resolved Question:

I was at a convienient store couple of days back, i was holding onto a phone thinking it was mine while paying the cashier, left the store with my kids, on arriving home realized that my phone was already in the car. I procarasstinated in going back to the store, and thought i would call the person and let the person know I had the phone. I forgot, and the battery died. Then I thought of going and giving it to rogers, but did not get around to it.
The police showed up at my door on saturday afternoon, with a warrant, took me to the station, asked me questions, and then gave me papers to show up for finger prints and photographs on oct29th and to the court on Nov5th. I have a clean record, my intention was not of a thief, what should I do
Submitted: 9 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 9 months ago.

Ulysses101 :

Hello, thank you for the question.

Ulysses101 :

How did the interview go? What have you been charged with, exactly?

Customer:

theft and possession

Ulysses101 :

And how was the statement? Did you say everything that you just told me?

Customer:

I told them the same thing I told you, I was confused, cause a lawyer called and said 'don't say anything, but the police kept asking, so I just answered

Ulysses101 :

And you were arrested before the statement, right?

Customer:

yes i said everything that I have written to you

Customer:

yes

Customer:

they had a picture of me in the convienient store, with the phone in my hand

Ulysses101 :

That's unfortunate. You've essentially admitted to the theft and possession. The police are very good at intimidating people to make them nervous and scared, and most people when nervous will talk.

Ulysses101 :

No criminal record on you? The "theft" was from another person and not the store, right?

Customer:

I told them I did not steal it,

Customer:

no record on me, and not for the store

Ulysses101 :

OK. Even if you technically didn't steal the phone, let's say you can show that you took the other phone by mistake, maybe it's the same model, but you still kept it after you knew it wasn't yours. You've technically admitted to the possession charge.

Ulysses101 :

It's possible that the crown would drop the theft if you plead to the possession.

Customer:

plead to the possession??? they already know I had it, I gave it to them

Ulysses101 :

I know. Here's what you need to do.

Customer:

please tell me, I am terrified

Ulysses101 :

Firstly, stay calm. Freaking out cannot help you, it can only make things worse. You mustn't work yourself into a lather. Stay logical and rational and this is more likely to work out for you.

Customer:

ok

Ulysses101 :

Secondly, don't talk to any more police about anything. You've been charged, you cannot talk your way out of it. There's nothing you can say to make this go away or make it better. You can only make it worse.

Customer:

ok

Ulysses101 :

Thirdly, go to your prints and photograph appointment. That's the equivalent of a court date, if you miss it then you'll get another charge of "failure to appear".

Customer:

ok

Customer:

what else

Ulysses101 :

Fourthly, go to your first date a little early, check in with the courtroom's clerk or security, then go see duty counsel. That lawyer will help you that day. You'll go in, get your Screening Form (which is a note from the Crown Attorney saying exactly what charges they are pursuing, and what penalty they are seeking) and your Crown Disclosure (your copy of the documentary evidence to be used against you, including witness statements and officer's notes). Get an adjournment date. Do not plead guilty on the first date, hoping that you will be treated better if you show more or earlier remorse.

Customer:

ok

Ulysses101 :

While at court, talk to duty counsel about diversion programs. If this is your first charge for theft, or if you have no convictions, you might be able to get the charge diverted by doing some counselling and community service and then the crown will drop the charge.

Customer:

i have no clue what you just wrote but i will read it again and again

Ulysses101 :

That's your first and best option: adult diversion. Take a moment and read it all over, I'm here for you.

Customer:

so from what you are saying, I am a thief according to them and they will not let this go????

Customer:

this is sad, I have found things before and returned it, this is so sad

Ulysses101 :

They can prove that you took the item. You'll have a hard time convincing a judge that you didn't mean to when you didn't return it once you knew it wasn't yours.

Customer:

ok I read it

Customer:

adult diversion, got it

Ulysses101 :

However, what does work in your favour is that you admitted having it still. If you had stolen it to use it or to sell it you certainly would have, right?

Customer:

just one more thing, dont they ever believe in a person

Customer:

true

Ulysses101 :

Who, the police? That's not their job. Their job is to collect evidence for the Crown Attorneys, and if they have some evidence, to lay the charge. After that it's on the Crown Attorney's desk.

Customer:

frankly, I have no idea even who these people are.

Customer:

should I hire a lawyer????

Customer:

will this stay on my record forever???

Ulysses101 :

Which is why lawyers always say "never talk to the police". If they have formed the intent to arrest and charge you, then you can't talk your way out of it. They had you on tape so they arrested you. The Crown Attorney is the prosecutor, the government lawyer who will take the case to a judge on behalf of the government. You don't need a lawyer yet, use duty counsel for your first appearance and if you can get into some form of adult diversion, you'll get the charge withdrawn and not have to spend money on a lawyer. If there's no chance at adult diversion, take your Crown Disclosure to a lawyer, go over it with them, and they'll book a conference with the Crown Attorney to discuss the case.

Ulysses101 :

Don't worry about the conviction yet. You're not convicted yet.

Ulysses101 :

You'll only freak yourself out more if worry about that. One step at a time. You know what you have to do?

Customer:

ok

Customer:

how can i speak with you again

Ulysses101 :

If we're done for now, I'll enable the rating feature so that you can rate the service. I hope you rate positively so that I get credit for helping you today.

Ulysses101 :

In the future, you can start off another question with "dear ulysses" and the question will be left for my attention.

Ulysses101 :

Anything else for now?

Customer:

no, I dont know what else to ask

Customer:

thanku ulysses

Ulysses101 :

You're very welcome. Good luck, and remember to stay calm. Worrying and freaking out isn't going to help. If you want to be really proactive, go to court ahead of time and see duty counsel if they aren't busy, ask them about adult diversion programs in your community.

Ulysses101 :

Anything else? If not I'll say goodbye and good luck, and stay in touch.

Customer:

yes i will stay in touch in touch, thanku

Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2438
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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