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I was recently arrested for theft under $5000 and due to…

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Hi. I was recently...

Hi. I was recently arrested for theft under $5000 and due to appear in court for fingerprinting and hearing. What are the usual charges if you were proven guilty? Does this stay on my record forever? Thanks

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

It happened here in Montreal, QC. It actually happened today. I'm so nervous and scared that this will affect my employment or if I would face jail sentence

Lawyer's Assistant: Have you talked to a lawyer yet?

No. it just happened today. I don't know if I have to see a lawyer about it. This is the very first time I've ever arrested for anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well i know that the amount was approximately 200 or 300$ in total

Submitted: 7 months ago.Category: Canada Law
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Answered in 3 minutes by:
12/6/2017
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,559
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 7 months ago

I am sorry to hear this.

Is this for shoplifting?

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Lawyer: Debra, Lawyer replied 7 months ago

This is unfortunate but as this is the first time it will likely work out.

You will almost definitely be offered diversion. That is where you are given the opportunity to make amends to society in an alternative way such as by doing some community service. When you complete your side of the agreement the crown will withdraw the charges and then you won't have a record.

There is no chance and I mean none that you will face a jail sentence.

You don't need to retain a lawyer. When you go to court for the first appearance speak to duty counsel who is a lawyer in court paid by legal aid to help those that are self-representing. The duty counsel lawyer will speak to the Crown for you and discuss diversion.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
Would I need to pay damages? And for how much? Does this also affect any future travels?
Lawyer: Debra, Lawyer replied 7 months ago

You will not have to pay damages.

If you get diversion so that the charges are withdrawn it will not affect future travels.

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Customer reply replied 7 months ago
When I appear in court, should I immediately admit being guilty?
Lawyer: Debra, Lawyer replied 7 months ago

No.

Please just do as I say.

You speak to duty counsel. They will speak on your behalf and tell you what to do exactly.

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Customer reply replied 7 months ago
How about my finger prints? Will this stay on their records? Can this affect me from finding future employment?
Lawyer: Debra, Lawyer replied 7 months ago

That's a good question.

Once the charges are withdrawn you just apply to the police station to have them destroyed and they will destroy them.

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Customer reply replied 7 months ago
Once it is withdrawn, am i responsible to disclose in any legal document that I've been arrested?
Lawyer: Debra, Lawyer replied 7 months ago

It is possible that you would be asked at the US border or for immigration purposes.

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Customer reply replied 7 months ago
Does this apply even if I get diversion?
Lawyer: Debra, Lawyer replied 7 months ago

Yes.

You won't have a conviction but you cannot change the facts. You were arrested and will always have to say yes.

You will also be able to say that you were charged but then the charges were withdrawn.

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Customer reply replied 7 months ago
is there a way to remove this on my record after the court hearing or in the future?
Lawyer: Debra, Lawyer replied 7 months ago

There is no criminal record. It will always be on your police record as the police keep permanent records of all contacts with the police. But it will only come back to haunt you if you shoplift again as then this charge will be used against you.

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Customer reply replied 7 months ago
Ok. Is is a 100% sure that I will get diversion? I'm really scared that this will affect me on my future career.
Lawyer: Debra, Lawyer replied 7 months ago

No it's not 100% sure but your chances are excellent.

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Customer reply replied 7 months ago
Ok. Thank you so much for your help
Lawyer: Debra, Lawyer replied 7 months ago

You are very welcome.

Please be sure to rate me before you leave the site.

I will be here if you need me again.

Thanks and take good care.

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