My question involves criminal law for the province of: Alberta Canada.
Hello everyone and I hope everyone is doing reasonably well. This is my first post and I've read the rules so I hope I am posting in the correct forum. If not please let me know and I will try and be more aware.
A quick background of my situation. Yesterday (April 19th 2013) I was arrested for minor theft. Theft under $5,000 I believe the charge is. I entered a gas station to purchase a package of cigarettes. I asked for my brand and the cashier put them on the counter. Now my first mistake was putting the package in my pocket before paying, but regardless, I put my debit card in the machine and went through the usual process. The card came back with insufficient funds. so naturally I removed the package from my pocket and returned them to the cashier and exited the store to proceed next door to the bank. Upon entering the bank I realized I did not have my bank card with me.
I returned to the gas station thinking I had left it in the machine. I walked up to the counter and was greeted by a different cashier. I asked the cashier if she had seen my card and she said she had not. With a few BS suggestions about maybe I had dropped it or something, I asked to speak with the cashier I had been dealing with thinking maybe he had it with him. She left and shortly there after the previous cashier returned and angrily threw down an open package of cigarettes that had been torn open and stuffed with kleenex or paper of something and loudly proclaimed "What the f**k is this* I said "looks like trash to me" he said "Where the f**k is the pack I gave you?" I said "I handed them back to you" he said "I didn't give you this" and I said "I don't know what you gave gave me, but whatever it was, I handed them right back to you.
Regardless of all the chatter, he went and retrieved his boss who came out and asked what happened. I explained everything I just posted here. She said "fine lets go check the video" I began to follow her to the back. She stopped, tuned around and then threatened to call the police. I said "ok, call them" she walked off to the back and did not return. after 15 or 20 minutes she had not returned. I left my license plate number and phone number with the other cashier and returned home.
About an hour later the police called me and asked me to come to the station to file a statement. I did so, and during their "interrogation" she informed me I was now arrested for theft. she said I had a right to not speak with her if I didn't want to but I figured what do I have to hide so I did speak with her about the incident. That was probably my second mistake. She photographed me, my tattoos and took finger prints and gave me a court date then released me.
She said they had the whole thing on video surveillance which shows me stealing the cigarettes. I find that hard to believe, exactly what it shows other than me handing him back the pack he gave me that is. She also tried to get me to say I accidentally handed him back a package of smokes that was just garbage and that the whole thing was an "honest mistake". That to me, seems to be a way for them to get me to change my story and make me look like a liar. Even so, that's not what happened so I stuck to the statement I made on paper.
So. First, I apologize for the long post on such a small matter. Second, I have no priors, so could that work in my favor some how? Third. Should I not have said a word to her during her interrogation? Fourth. If convicted, what could I reasonably expect as a charge? five. Other than obtaining legal aid, is there anything else I should do between now and my court date (June 6th 2013) That might help my case? And six. Is there any other advice anyone can offer to me in this situation? I imagine if I am convicted this could f**k up a lot of opportunities and the like for me.
Again, thank you for all the help. Any help or suggestions would greatly be appreciated.
Regards, D