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 Posted: Tue, 25th Jul 2006 20:20 Post subject: legal advise |
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A friend of mine was arrested yesterday for theft under, possession of stolen property and use of unauthorized credit cards. He never had any record before, will have a record after this or since this is his first time he can have a chance for a pardon?
A friend of mine was arrested yesterday for theft under, possession of stolen property and use of unauthorized credit cards. He never had any record before, does anyone know if he will have a record after this or since this is his first time they will pardon?
Conditions are he is a student (21) years old, he had no money for rent or food, and he stole the wallet because someone stole his mp3 player last week and of course because he is an idiot.
So if there is any legal person here with experience or anything of that nature then please write in this topic so he can see what he is up against.
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nouseforaname
Über-VIP Member
Posts: 21306
Location: Toronto, Canada
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| Posted: Tue, 25th Jul 2006 20:23 Post subject: |
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Tell your friend to go see a lawyer. He needs one regardless of any legal advice you get.
And yes, he can get a pardon but only after 3-5 years, depending on where you're from.
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arw
Posts: 1281
Location: Barry - Wales - (UK)
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[sYn]
[Moderator] Elitist
Posts: 8374
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| Posted: Tue, 25th Jul 2006 20:48 Post subject: |
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At 21 there is very little chance he will get a pardon, especially for stealing a wallet and using the credit card.
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nouseforaname
Über-VIP Member
Posts: 21306
Location: Toronto, Canada
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| Posted: Tue, 25th Jul 2006 20:57 Post subject: |
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If he's been out of trouble for a certain period of time after his conviction he can apply for a pardon. The charges probably won't be dismissed against him since it is credit card fraud and he is 21. I'm not sure though if this would be a summary or an indictable offense..
| Quote: | | In Canada, pardons are considered by the National Parole Board under the Criminal Records Act, the Criminal Code and several other laws. For Criminal Code crimes there is a three-year waiting period for summary offences, and a five-year waiting period for indictable offences. The waiting period commences after the sentence is completed. |
other countries are there are well: http://en.wikipedia.org/wiki/Pardon
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deelix
PDIP Member
Posts: 32062
Location: Norway
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| Posted: Tue, 25th Jul 2006 21:52 Post subject: |
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As in Norway: Førstegangs kriminalitet
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kumkss
Posts: 4834
Location: Chile
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| Posted: Wed, 26th Jul 2006 04:02 Post subject: |
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Well, he might get a "pardon" if he can show that he was actualy in a "state of need", by having no food etc.
He also might have a chance to reduce the condemnation because he has no previous record.
I would say, if you're from Chile, contact me. I can get the guy walking free again tomorrow morning.
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| Posted: Wed, 26th Jul 2006 08:16 Post subject: |
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Why doesn't he work like all the students? And he has money for mp3 player but not for food? I bet he has money for booze and chicks too.
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| Posted: Wed, 26th Jul 2006 10:30 Post subject: |
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oh boy... his anus will go from => o to O
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spankie
VIP Member
Posts: 2958
Location: Belgium
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| Posted: Wed, 26th Jul 2006 12:23 Post subject: |
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wtf has the stolen mp3 player to do with it. Thats not a really basic need. If you use that as a reason to steal a wallet because you need food, the judge will have a laugh
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| Posted: Wed, 26th Jul 2006 15:13 Post subject: |
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Personally I don't he would be in great deal of trouble. I mean yes he did it and yes he is stupid and immature. He also has a note from his landlord saying that he was going to be evicted because he didn't pay his rent. Of course it is a serious offence, but I doubt he will get jail time for his first time doing a stupid thing like this.
the country is canada by the way
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SycoShaman
VIP Master Jedi
Posts: 24468
Location: Toronto, Canada
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| Posted: Wed, 26th Jul 2006 23:47 Post subject: |
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| RoSmecher wrote: | Personally I don't he would be in great deal of trouble. I mean yes he did it and yes he is stupid and immature. He also has a note from his landlord saying that he was going to be evicted because he didn't pay his rent. Of course it is a serious offence, but I doubt he will get jail time for his first time doing a stupid thing like this.
the country is canada by the way |
all depends man.
He could get 3 months...ive seen ppl go in for less. No long term jail time tho.
And in the eyes of the law, as far as Im aware (Im Canadian aswell), it doesnt matter what reasons you have for doing something illegal. When I was a kid I tried using my sad life story as a bargining chip with judges and it really doesnt work.
He should have got a job, welfare/social assistance etc There's no justification for a crime, in the eyes of the law... |
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| Posted: Thu, 27th Jul 2006 08:56 Post subject: |
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Hippy should get a job to pay rent like the rest of us.
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MAD_MAX333
Moderator
Posts: 7020
Location: Toronto, Canada...eh
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| Posted: Thu, 27th Jul 2006 11:07 Post subject: |
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too sleepy to reply to this right now... one get a lawyer, 2 don't ever bring up that mp3 bullshit again 3 try to plea it down and get community hours.. a whole whack of it...
i shall go into detail tomorrow...
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