Legal Question in Criminal Law in Canada
Theft Under (can I leave the country)
I've been charged with ''theft under''. I'm 21 this year. I always had a clean record, this is my first offence. My finger-printing date is Dec 28 2007, and my court date is Jan 11 2008.
I am a Canadian Permanent Residence (PR). When I was charged, the police told me that immigration will be informed. Does this mean I am not allowed out of the country?
Also, I need to change the finger-printing date as I need to leave the country. How likely do you think the police is going to let me change it? I don't even mind doing it earlier. Should I be honest and say I am going away for vacation?
Please help.
2 Answers from Attorneys
Re: Theft Under (can I leave the country)
You should not have a problem leaving the country or returning, though US authorities may question you about the charge if they run your name and see you've fingerprinted. If US authorities ask you if you've ever been arrested you must answer honestly!
Police will likely allow you to change the fingerprinting date if you explain your problem. Yes, be honest!
Re: Theft Under (can I leave the country)
I have trouble believing that the police will inform Immigration Canada about your charge. Immigration Canada however will have access to information about your charges, but likely only after you are fingerprinted and that information is sent to the central RCMP police information computer system, CPIC. If you received a blue appearance notice, you shouldn't have any proble travelling. If you signed a promise to appear and undertaking, you shouldn't have any problem unless there is some condition on the undertaking.
You should talk to a criminal lawyer in your area right away and see if you can deal with the charges even before the fingerprint date. In any event, you might be able to contact the police and get in earlier to do the fingerprints.
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