Shoplifting offence in Montreal?
My friend 32 year old was caught shoplifting this week in West island, Montreal, this is the first offence for her and does not have any criminal history. She is very shameful for that incident. She is very scared and in very big trauma and cursing her life, after that incident she has stopped going anywhere from the home and crying whole day, it is the big lesson learnt for her. I can’t see her situation so writing these queries .The shop security guard took her into a back room and asked few question and took photograph of her, company id (where she is working) and health card, and called police also for address verification as she does not have address proof identification, the police officer asked her the address and phone number of her and said to her that you are lucky as today we are not arresting you. After that police officers went and the security gave her one form to sign which is Notice Form in which it has written:
“(Shop Name) has or may allege that on date at you took unlawful possession of property owned by shop. Subject to the results of an investigation which will be conducted, shop intends to seek full damages in civil courts resulting for such event. You will be notified of the results of the investigation and shop may then make an offer to settle such civil proceedings. In the event that such an offer is not accepted, shop reserves the right to commence legal proceedings before a civil court and to claim all damages in respect of the event that took place on date which may exceed the amount of the offer.
NOTE: Any such proceedings before a civil court are separate and distinct from any criminal action, which may be undertaken by the crown prosecutor, and the two should not be confused. “
Security guard taken her signature on this paper and said you will receive mail in 2 or 3 weeks for fine.
She is ready to pay the fine.
I would like to know what can happen next
1.) Will there any criminal charges against my friend?
2.) Can police can send her later any notice to call her for fingerprint or notice to appear in the court.
3.) Is there any civil court case.
4.) Does it will go in criminal history?
Please help in sharing your knowledge or past experience what are the possibilities in this situation.
thanks for the answer, i have a question is it can happen Does the shop will send the payment letter and notice to appear together in one document or they will firstly send the document for fine and if my friend doesn't pay then she will receive the document to notice to appear. Please advise me in that.
- q SLv 77 years agoFavorite Answer
1.) Will there any criminal charges against my friend? Maybe, especially if she doesn't pay the civil payment.
2.) Can police can send her later any notice to call her for fingerprint or notice to appear in the court. Yes
3.) Is there any civil court case. No she will just mail her payment in
4.) Does it will go in criminal history? Only if she doesn't pay the civil payment.
- El JefeLv 77 years ago
1. It is possible that criminal charges would be filed, but very unlikely. The store apparently decided to not press a criminal prosecution that day. Had they decided to, your friend would have been arrested and charged that day. It is still possible that they could change their mind and report this incident to police, but very unlikely.
2. Yes, the police could call her in and question or even charge her, but that would require someone to report the crime to them. See above.
3. What typically happens is that the store's attorney will send her a letter demanding that she pay the store for the damages she caused. These damages are essentially the amortized cost of providing security for the store...roughly, all the money the store spends on security, divided by the value of goods stolen in a particular year, multiplied by the value of what she stole. Expect it to be several hundred dollars. If she pays what they demand, there is no civil case. If she refuses, they will file a lawsuit against her to recover their damages. If they have any proof that she stole something, they will win, so it usually makes sense to just pay up.
4. No criminal history unless reported to police. Her name will go into a private database shared between stores of known or suspected shoplifters. This would come into play if she ever was accused of shoplifting again, and would likely come into play if she ever tried to get a job working at one of the stores that subscribes to that particular database.
- KLv 77 years ago
1) Yes, there can be - THEFT, since she is a THIEF - stop calling it shoplifting, that's too cute a name, she STOLE
3) She will receive a civil notice as a fine from the store - a few hundred dollars at least. If she doesn't pay that, it makes it more likely the police will be involved because the store will then notify the police that they want to press charges
4) Yes, it will go on her criminal history
Do not feel sorry for your friend. She CHOSE to steal, she CHOSE to be a criminal.
- Anonymous6 years ago
The same case has happened to me, and they called the police, I have no idea what the Police did, as there were speaking french but they asked me to singe some papers, and they said I ve to wait for the letter and the court afterwards.
I would like to know if you have any update on this case?