入籍 【求助】店内偷盗与入籍

[BLUECHIPS]

偷盗额不超过$500刀,不算犯罪吧.
就近谁清楚,解释一下吧.

[sunvv]

作者: BLUECHIPS

偷盗额不超过$500刀,不算犯罪吧.
就近谁清楚,解释一下吧.

当然没这个说法

[bmx]

作者: BLUECHIPS

偷盗额不超过$500刀,不算犯罪吧.
就近谁清楚,解释一下吧.

偷一包口香糖和偷一枚钻戒都是犯罪。

[BLUECHIPS]

没找打加拿大的,但听同事讲过.
下面是美国的.

What is shoplifting?
Shoplifting is the taking of items without consent from a commercial establishment, such as a department store or market.

Why was I charged with commercial burglary when I thought I was arrested for shoplifting?

When someone enters a building with the intent to steal or commit any other felony it is burglary. This is usually charged when someone is found with bags or devices brought in to the store to assist in concealing the stolen merchandise. Using these bags or devices arguably shows intent to steal was in the person's mind before entering the store.

I've heard of "kleptomania" what is it?

Kleptomania is a mental disorder associated with a compulsive need to steal. Mental Health Net - Kleptomania Symptoms http://mhnet.org/disorders/sx23.htm "Kleptomania is associated with a recurrent failure to resist impulses to steal objects that are not needed for personal use or for their monetary value; increasing sense of tension immediately before committing the theft and pleasure, gratification, or relief at the time of committing the theft. The stealing is not committed to express anger or vengeance and is not in response to a delusion or a hallucination."

Are there counselors that I can see about my desire to steal?

We frequently refer our clients to BMG - Behavioral Management Group http://www.bmgprograms.com for theft profile screening and counseling. Successful completion of this course will frequently lessen the seriousness of the offense or sentence. Please call 818-366-0179 or email Denise Parillo at denise@bmgprograms.com

Will I be charged with a misdemeanor or a felony? And what is the punishment?
Theft can be prosecuted either as a misdemeanor or a felony. The value of the item taken or any prior convictions often determines the seriousness of the crime. Items valued at under $400.00 are prosecuted as misdemeanor petty theft. Items in excess of $400.00 can be prosecuted as felony grand theft. The punishment for petty theft is up to six months in the county jail and by a fine of up to $1,000 and the punishment for grand theft could either be county jail or state prison plus fines up to $10,000.00. If convicted, a mandatory jail sentence and restitution to the victim is almost always ordered as a condition of probation.

[BLUECHIPS]

下面是加拿大的,可见并不影响你入国籍.LZ放心吧.
Shoplifting

Printer Friendly
Script 202 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What is shoplifting?
Shoplifting is stealing something from a store. You shoplift if you intend to take something that doesn’t belong to you from a store without paying for it, and you do so, or try to.

If you do that, the store security officer may stop you and call the police. You may be arrested and taken to the police station to be searched, fingerprinted, and photographed. The police will give you a date when you will have to go to court.

What must the prosecutor prove to convict you? What can you do?
In court, the prosecutor, also called the crown counsel, must prove beyond a reasonable doubt where and when the shoplifting happened. The prosecutor must also prove that you:

are the person who committed the crime
intended to take the item without paying for it, and
took the item, or tried to take it
If the prosecutor proves all these things, the judge may convict you. To prove them, the prosecutor will have witnesses—normally the store security officer and the police officer that arrested you—tell the court (or testify) about what they saw you do. They testify under oath, which means they have to promise to tell the truth. You can question, or cross-examine, each witness.

After the prosecutor finishes, you can present your side to the court. You or your witnesses can tell the court what happened. If you want to tell the court what happened, or testify, you have to take an oath promising to tell the truth, and then give evidence as a witness. For example, perhaps you paid for the item and the store security officer didn’t see you pay. In that case, you could show the court your receipt. Or perhaps you got distracted and forgot you had the item when you left the store. If you have any witnesses who saw what happened and who can support your story, you can call them to testify, or give evidence. They also have to promise to tell the truth. You then question them about what they know. When you and your witnesses finish giving evidence, the prosecutor can question, or cross-examine, you and them.

Lastly, you and the prosecutor summarize your positions by making “submissions” to the court. For more information, refer to English language script 211, called “Defending yourself against a criminal charge,” and script 212, called “Pleading guilty to a criminal charge.”

What are the penalties?
If a judge convicts you, penalties for this offence can include one or more of the following things:

Probation (you have to follow certain conditions for a set time).
An absolute or conditional discharge (like probation).
Diversion (you can avoid a record—if it’s your first offence, you admit the crime, and you pay your debt to the community by, for example, doing community service or writing letters of apology or doing both).
Restitution (you have to pay for the item).
A fine, plus an automatic victim surcharge.
A conditional sentence (like a jail term, but you serve it in the community).
A jail term.
For details on penalties, refer to English language script 203, called “Conditional Sentences, Probation, Discharges, and Diversion.”

If the stolen item is worth less than $5000, the maximum fine is $2000, and the maximum jail term is 6 months. As well, you have to pay a victim surcharge, which is 15% of your fine (if you get a fine) or $50—or a higher amount if the judge orders it. If the item is worth $5000 or more, the fine, jail term and victim surcharge are higher.

For a first conviction, a judge will usually fine you several hundred dollars and put you on probation that forbids you from going back to the same store for a year. You also get a criminal record. That can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Refer to English language script 205, called “Criminal Records and Applying for a Pardon,” for more information. If it is your first offence and the value of the item is small, ask the judge for a conditional discharge. If you meet the conditions of the discharge, you will not get a criminal record.
The legal issues for this offense can be complex and a conviction can seriously harm you. If you are charged with this offense, you should talk to a lawyer.

The Elizabeth Fry Society has counselors to meet with you in a confidential session to assess what is best for you. Individual sessions, group therapy or workshops are recommended as per needs. The counsellor can also provide written reports for courts. In Vancouver you can reach the Elizabeth Fry Society at 604.520.1166 in the lower mainland and 1.888.879.9593 elsewhere in BC. The Society’s website is www.elizabethfry.com. Some other services it offers are volunteer support, information seminars, and referral services. Some services are free; others have a fee on a sliding scale.

[updated June 2005]

[BLUECHIPS]

LZ应该是Diversion,最差也就Discharges. 都不影响入国籍.


Printer Friendly
Script 203 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script explains four penalties (or sentences) that a court can give you if you’re convicted of a crime: a conditional sentence, probation, a discharge, and diversion. Courts can also fine you and send you to jail, depending on the crime, but this script doesn’t cover fines and jail terms.

If you’re charged with a criminal offense, talk to a criminal defense lawyer before you plead guilty or admit anything to the police or prosecutor. A lawyer can tell you if you have a defense to the charge, and then you can decide what to do. Also, refer to English language scripts 211, called “Defending yourself against a criminal charge,” and 212, called “Pleading guilty to a criminal charge.”

What is a conditional sentence?
A conditional sentence is a penalty a judge can give you if the law for the offense sets a penalty of less than 2 years in jail and no minimum jail term. You serve the sentence in the community, instead of in jail. Judges will use a conditional sentence only if they’re satisfied that you won’t be a danger to the community. This sentence usually has the same conditions as probation. Plus, a judge can order a curfew to confine you to your home for some or all of the sentence. If you disobey the conditions, a judge can send you to jail for the rest of the sentence.

What is probation?
Probation is a penalty a judge can give you that requires you to follow certain conditions for a set time that can last up to 3 years. During that time, you must follow the terms of the probation order. Usually, that means you must keep the peace, be of good behaviour, report regularly to a probation officer, and keep the probation officer informed of your current address. Depending on the offence, you may also have to report to a probation officer periodically, avoid certain people, avoid using alcohol and drugs, attend counseling, pay back damages you caused to the victim, or perform community service. The judge still convicts you of the offense, but then suspends the sentence and releases you on probation.

Probation may be the only penalty, or it can be combined with other penalties, including a fine, a discharge, or a jail term less than 2 years.

If you don’t follow the terms of your probation, you can be charged with breach of probation. If you’re convicted of breach of probation, the court can cancel your probation and sentence you for both the original offense and breach of probation. The usual penalty for breach of probation is a jail term.

What is a discharge?
A discharge is a penalty designed to give first offenders a second chance. You plead guilty or the judge finds you guilty, but the judge then discharges you instead of convicting you. A discharge is not automatic??you have to convince the judge you deserve it. The judge looks at 4 things in deciding whether to give you a discharge:
Are you of good character?
Is a discharge against public policy?
Does the law set a minimum penalty for the offence? If so, the judge can’t grant a discharge.
Is the maximum penalty less than 14 years? A judge can’t grant a discharge for an offence with a maximum penalty of 14 years or more.
There are two types of discharge: absolute and conditional. Most discharges are conditional. A conditional discharge means you’re on probation (described above) for up to 3 years. If you follow the terms of your probation until it ends, it’s the same as if you were never convicted. But if you don’t follow the terms of your probation, or you don’t finish it, you can be charged with breach of probation. If you’re convicted, the court can cancel your discharge. Then you can also be convicted of the original offense and sentenced for both it and breach of probation.

An absolute discharge means you won’t be punished for the offense unless you’re convicted of a similar offence later on.

The police and courts keep records of discharges under the Criminal Records Act. If you’re convicted of a criminal offense later, the court can take into account your earlier discharge. And if the police check your record, they might see your discharge. The RCMP removes from its records absolute discharges after one year and conditional discharges after three years. If you want to ensure they remove your discharge, get more information from their website at www.rcmp.ca/crimrec/pandp_e.htm. Refer to English language script 205, called “Criminal Records and Applying for a Pardon,” for more information.

What other orders can a judge make?
If you get a conditional sentence, probation, or a conditional discharge, the judge can also make a “no go order” (or no contact order) to ensure you have no contact with a particular person or place. And the judge can prohibit you from having any firearms or other weapons, like knives.

What is diversion?
Diversion is a penalty that takes your case outside the regular legal system. For minor offenses, the prosecutor may recommend a diversion program. You have to admit your mistake and show you are willing to participate in the program. Also, diversion is possible only for a first offence. A diversion officer will decide on a program you have to complete. It could include doing community service, paying restitution (paying the victim for the damage you caused), attending counseling, and writing an apology letter to the victim. If you successfully finish the program, you don’t get a criminal conviction or record.[/COLOR][updated June 2005]

[projects]

作者: bank

如果你没有前科。plea guilty。

你不用请律师（律师也不愿意理你，案子太小了）。在开庭日，法庭的门口有免费的实习律师（Duty counsel）。提前一个小时去，要求见Duty counsel谈你的案情。你一定请他/她帮你在法官面前美言几句，说你一时糊涂，你当时心情很不好，在家刚操了架，你...

这个回答问题太多，
1.应当是要求diversion，而不是直接plead guilty,虽然diversion也必须要求plead guilty,但一旦在庭上plead guilty, 那么你就有了Criminal Record, 法官都不用费那个神审你。然后入籍是会有问题的，移民局发驱逐令也是有可能的(极少发生)，美国就很难去了。
2.Diversion的纪录只在法庭系统存在，包括警察都查不到，但Criminal record是连美国佬都能查到的，而且美国佬那边还销不掉，要去美国还得事先申请这个那个的。
3.至于discharge就是没有CR，不存在留案底，最多就是再犯死大大了。

他这种状况要看当时逮住它的状况，对于shoplifting法庭有严格的定义和逮捕及录口供程序，任何一样有意外都搞不到你, 你如果清楚这个过程，那么plead not guilty，进入trail，搞不好店家还得赔钱你。但如果人证物证全在，拍照签paper，又是初犯那么就争取diversion, 甚至在diversion的过程中鉴于你的认罪和悔过随时都可以让你case dismiss。

关于shoplifting，好多店家都只是要求你买下偷的东西，或者罚款，以及签一张不要再来的paper就算了，因为告的过程中一方面鉴于security guard或店员训练不足很可能造成搞不到对方，另一方面，被窃物品是要被留作证物而很长时间都不能销售的。

在加拿大偷1分钱都会可能有criminal Record。

[T-Driver]

你这种情况不必担惊受怕睡不着觉，虽然不是小事，但也不至于天要塌了。

建议按BANK说得去做，Plea guilty，不必请律师，提前去法庭见duty consel，告诉他（她）你认错认罚。开庭以后，轮到你的时候，会让你站到前面，先是控方（好像是Crown attony）陈诉你的案情，然后duty consel会回答你承认错了并认罚，法官也许会问你几句，然后就会说case dismiss。这大概只要几分钟。然后你需要到另外一间小屋里接受“思想教育"，就是有个什么机构的人让你描述事件，认清事情的危害，保证以后不再犯了，签字画押，“自愿“捐款50大圆（只要现金）给慈善机构。然后你就回家了。大概是过半年以后你可以取申请取消案底，华文版纸上有干这行律师的广告。

以上为本人亲眼所见，只是“思想教育"那段只能是当事人和翻译在场，我是听说的。

[IceBaby]

我本人是美国和香港的律师，我不建议plead guilty. 你应该先了解下控方掌握了那些证据，再向律师讨教以做出对你最有利的答辩。

不要省钱，找私人律师。

要知道，举证责任在控方，they have the duty to discharge the burden of proof要是他们没有足够的证据，你根本没必要plead guilty.

[西楼月]

作者: bmx

唉! 看来移民们在加的日子是不好过. 国内的高知良民到了加拿大怎么都成了小偷儿了?! 在国内不耻的事, 在这里都成了可能.

你比楼主的确幸运, 不过你一定被罚款了吧?

就算你跟楼主一样起了贪念也不能说明全加拿大的中国移民都是小偷了。

[老酒]

人在高压紧张对环境不熟而不自知时会作些莫名其妙的事反抗自己。

[Renew]

同上.

[moccafirst]

作者: Renew

同上.

楼上几位都说得挺明白了，你要不想留案底就花钱消灾八。

[三条]

实际上这个问题与生活压力和环境无关，有些人从心里上想追求一种刺激或着说一种挑战。开始时，他们不在意所偷的物品的价值，只在意能否成功，享受成功的喜悦。多次成功后会有向高价值高风险目标进取的倾向。

Teenager中有相当比例的人有这种问题，应多采用教育方式，不应用法律形式，给其未来制造过大的负担，有可能真得走向与社会对立的路上。

成年人做这种事，同样是心里上有问题，但已经不能被社会所谅解了，接受教训吧。以你的聪明才智和冒险精神向合法的目标挑战。

[GTAON08]

作者: Renew

我也犯了这个事,给点建议吧,要不要私人律师?报价好象一千多.同上.

如果是第一次，只有一个罪名，以前没有记录，不用请律师，也不要plea guilty，不要接受警察调查或make statment. 第一次上庭排期拿到disclosure时ask diversion。或者多半公诉人会在你开声之前直接让你进入diversion screen。这是多伦多的程序，其他省份有不同，但非常类似。这种结果没有犯罪记录,但如果打了指模需要花差不多一年消除cpic纪录，这之前不要去美国。

事实上要告倒一个theft under不是那么容易的事。

[Renew]

我7月去上庭了,但是在庭上没有我的任何记录.

但是转眼到7月底,POLICE到我家来了一趟,又送达了一次出庭通告,让8月底再上庭.这次上庭,我可以请求DIVERSION是吧?如果进入这个程序,是不是这次上庭就可以搞定,不用排期再上了呀?

感谢GTAON08的回答,真想请你作我的律师呀.

作者: GTAON08

如果是第一次，只有一个罪名，以前没有记录，不用请律师，也不要plea guilty，不要接受警察调查或make statment. 第一次上庭排期拿到disclosure时ask diversion。或者多半公诉人会在你开声之前直接让你进入diversion screen。这是多伦多的程序，其他省份...