i have been charged with this offense in canada?
i have been charged with this offence Using mails to defraud 381. Every one who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is ... liable to imprisonment for a term not exceeding two years. which in defintoin means the bags of letters and packages that are transported by the postal service there was no mail used or adress used the way i did it is i walked into staples and asked to sign up for the telus deal an employe would then take me to the computer and ask for my name and phone number i gave them numbers which were not mine some that were mine and i would sign a contrat and get 400 dollars off of the purchess of a computer i did this 4 times will the charges stick or should i plead guilty and take the time just need to know it says in the contrat that they will call in 2 to 3 bussines days to confirm thats all its one page so it says that you can cancel for a fee of 460 dollars and thats it
Public Comments
- Hire a good lawyer. Get a real dirtbag. Crown prosecutors in Canada are bent on making money by processing as many cases as they can. They are more concerned about any 'fraud' allegations than they are about truly violent, threatening, serious crime. They will intimidate you and so you must not plead guilty. Look into court proceedings and stall the date till you get the information. Absolutely ask for disclosure and note that Legal Aid lawyers can be puppets in the system designed to get a deal out of you to speed up court, get you fined, and allow for processing of more claims. Benefits the Crown Prosecutor and the court more than you. Do not forget the backlog of cases in Canada and the insistence of dragging out trials that are cut and dry. It is a corrupt and biased court system. We have laws on the books that haven't been updated in 135 years and are based on an ancient, prehistoric, medieval court system. It is also contradictory and discriminatory and the court system cares more about politics, money and power than about human life and real injustice.
- You don't give enough facts. There may be a wire fraud clause in the law; the "contract" may have involved the postal system. Never plead guilty without first negotiating a plea deal that gets you no punishment. Anyway, it isn't certain that taking advantage of a commercial offer can constitute fraud. I'd want to see case law. You can't be the first to have done what you did; and I'd want to seek "discovery" of how Staples handled previous cases. Ask them and/or the prosecutor and say that you'll be seeking discovery through the courts if they don't produce the information. Don't be bamboozled. And, BTW, see today's NY Times (on public defenders, and deciding how to plea, etc.; an article written by a judge): http://groups.google.com/group/alt.lawyers/browse_thread/thread/24bf2827399610fd/10cc0a7436c51ae2?hl=en#10cc0a7436c51ae2
- Get legal representation as soon as possible. It sounds like you may be going to jail.
- im lib, and i hope you get hard time.
- If the law says mails it can be email also. Hell no don't plead guilty. You might have a chance to beat it. See if you can trade the 4 computers you got to an attorney for him defending you.
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