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{{ | {{REVIEWEDPLS | reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham, and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law|date= July 2017}} {{Dial-A-Law TOC|expanded = crime}} | ||
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Shoplifting is taking (or trying to take) something from a store without paying for it, with the intention of stealing. Learn what to expect if you’ve been charged with shoplifting. | Shoplifting is taking (or trying to take) something from a store without paying for it, with the intention of stealing. Learn what to expect if you’ve been charged with shoplifting. | ||
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If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or writing letters of apology. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the prosecutor won’t go ahead with the charge against you). This means you won’t get a criminal record. | If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or writing letters of apology. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the prosecutor won’t go ahead with the charge against you). This means you won’t get a criminal record. | ||
Learn more about diversion in our information on [[Pleading Guilty to a Criminal Charge ( | Learn more about diversion in our information on [[Pleading Guilty to a Criminal Charge (No. 212)|pleading guilty to a criminal charge (no. 212)]]. | ||
===If you decide to plead “not guilty”=== | ===If you decide to plead “not guilty”=== | ||
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You and the prosecutor then summarize your positions by making '''submissions''' to the court. | You and the prosecutor then summarize your positions by making '''submissions''' to the court. | ||
For more on the process, see our information on [[Defending Yourself Against a Criminal Charge ( | For more on the process, see our information on [[Defending Yourself Against a Criminal Charge (No. 211)|defending yourself against a criminal charge (no. 211)]]. | ||
===If you are convicted of shoplifting=== | ===If you are convicted of shoplifting=== | ||
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If you are convicted or discharged, you must also pay a '''victim surcharge'''. The surcharge is 30% of any fine you got, or if you didn’t get a fine, $100 for a summary (minor) offence. If you do not have money to pay the surcharge, you can ask the judge to find you '''in default'''. The judge can then give you a one-day jail sentence. But you may not have to go to jail, as the judge can find that the time you are in court counts as the day in jail. | If you are convicted or discharged, you must also pay a '''victim surcharge'''. The surcharge is 30% of any fine you got, or if you didn’t get a fine, $100 for a summary (minor) offence. If you do not have money to pay the surcharge, you can ask the judge to find you '''in default'''. The judge can then give you a one-day jail sentence. But you may not have to go to jail, as the judge can find that the time you are in court counts as the day in jail. | ||
For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges ( | For more on possible sentences, see our information on [[Conditional Sentences, Probation, and Discharges (No. 203)|conditional sentences, probation, and discharges (no. 203)]]. | ||
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:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca] | :Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca] | ||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||