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    Rasco27's Avatar
    Rasco27 Posts: 2, Reputation: 1
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    #1

    May 28, 2009, 08:27 PM
    19year old 1st offender with theft&fraud under $5000.
    OK so back in August, a customer came into my store to make a purchase. While putting in their pin, I watched the lady and then gave her a gift card instead of her debit back. On my break, I went to the nearest bank and made two transactions of $250.
    Now I know that this sounds horrible and everything but I also know that we all make mistakes and that learning from them from the beginning is the main thing here.
    I was arrested, fingerprinted and am now going in the 7th for the plea hearing.
    What is going to come out of this?
    I REALLY REALLY feel the remorse therefor I just want to plead guilty but at the same time, I don't want to go to jail because my life is now back on track and everything is absolutely amazing. What to do?
    I am 19 years old and this is my very first problem with the law.
    I am charged with fraud under $5000 and theft under $5000.
    Advice please?
    Steve1010's Avatar
    Steve1010 Posts: 196, Reputation: 1
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    #2

    May 28, 2009, 09:25 PM

    Pleas guilty and tell them what u just said. U have to face the consequences. And if u show them that, it will be lighter
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 29, 2009, 06:34 AM
    Quote Originally Posted by Steve1010 View Post
    pleas guilty and tell them what u just said. u have to face the consequences. and if u show them that, it will be lighter
    Please don't use text speak on the legal boards - there is no need for it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 29, 2009, 06:36 AM

    Are you in Canada? The charges make it appear that way. All provinces have similar programs - this is from Ontario and something I wrote:

    "“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

    If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Curt appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

    As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

    When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

    Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

    If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”
    rainacidbeer's Avatar
    rainacidbeer Posts: 92, Reputation: 6
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    #5

    May 29, 2009, 01:00 PM
    Quote Originally Posted by Steve1010 View Post
    pleas guilty and tell them what u just said. u have to face the consequences. and if u show them that, it will be lighter
    It's always better to plead not guilty and then follow the advice of a lawyer.Only plead guilty if instructed by a lawyer,pleading guilty right away can leave you at the mercy of the court and you can lose the chance to plea bargain or diversion if available. Main point being get a lawyer and follow there advice.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    May 29, 2009, 01:04 PM

    No plea should be entered without an Attorney. If you are planning to be represented have the Attorney there from day number one.
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