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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 08-15-2005, 01:05 PM
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Join Date: Aug 2005
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IS this an Arrest or charge??


What is the name of your state?Toronto, Ontario,

Hi,

Need your help in knowing if i was arrested.

I was charged with shoplifting, the store security talked to me and called the local police. the police was very nice and talked to me and said because this is my first offence, she is only charging me. and she gave me an appearance notice with 2 days. one for fingerprinting and one for court date. i had both done. i pleaded guilty in court and got diversion. they said my charges are withdrawn and i dont have any criminal record. i also requested to destroy my fingerprints and photos which she said it might take maximum 6 months.

My doubts:
1. I have seen many legal websites and they said what happened to me was i was just charged but not arrested. is this true. am i just charged and not arrested? the police also said she is just charging me. she said she could withdraw but she cant do it as the rules changed. she did not handcuff me or search me. she just talked and gave the appearance notice which is in blue color.

2. for US immigration forms they ask, have you ever been arrested for any criminal offence.? what shud i say? is it a yes or no? i dont want to lie in the forms. so i want to be very sure about it. can anyone give me right advice.

3. can anybody tell me how much time will it take to destroy fingerprints and photos in toronto region.

4. will there be any problems until they are destroyed? in the police station they said i do not have any record and they would keep the documents in local station but will not use against me. but if i cross border, they might know that i got diversion, until my fingerprints are destroyed. is this true? are there any other problems?

Thanks a lot and waiting for your advice. please help me...as we have to go to US in next few weeks...
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