Last week, i made a mistake to try and steal paint worth about $100 from home depot, i was caught and brought into the back. They called the cops, and they gave me a ticket and made me promise to visit the cop station on a date 4 weeks later for fingerprinting, and a court date 6 weeks later that was written on that ticket. This is my first offense, dont know what made me do it, it is still unclear in my mind. Im going into my third year at university in a bachelor of science program. Im afraid this totally screwed up my potential future opportunities. I have a few questions...

1) am i eligible for the diversion program and when do i apply for it?
2) Is a lawyer nessesary, or an attorney( im unclear the difference)?
3) If i complete the diversion program, is my record cleaned once finished or after a certain period?
4) how soon does this offense appear on your record?

thankyou

CaptainForest

1) Maybe, consult with an attorney
2) lawyer and attorney is the same thing...yes, get one. try legal aid. you said you are a student...most universities in canada (well here in ontario anyways) have on campus lawyers to consult with for free

3) yes
4) once you are CONVICTEd it appears. since you have only been charged, it does not appear.

Fr_Chuck

lawyer and attorney is the same thing, yes get one, they can help you get a diversion program.

neveragain1

i talked to my lawyer at school, he said discharge is most likely to happen, although does a discharge mean that my record will be clean as its a first offense?

Thechaks

Do anyone have idea in the difference between PROBATION AND DIVERSION PROGRAMME?

JudyKayTee

Diversion is offered for minor offenses (not felonies) and first time offenders - if the “offender” completes requirements set by the DA’s Office there are no charges filed, no trial, no criminal record. Sometimes classes are involved (anger management in some cases), restitution must be made to the victim, sometimes there are no contact orders or restraining orders, often the movement of the offender is limited - for example, no bars, no malls, whatever the problem was, for a period of time. If the offender does NOT live up to the requirements of the program, then the DA has the ability to prosecute. With diversion the case is sort of put on hold for a period of time to see how the offender behaves.

Probation is in lieu of jail - the offender is convicted but is allowed to be at home if certain conditions - and they vary from case to case - are met: perhaps a curfew, meetings with and supervision by a Probation Officer, drug and/or alcohol testing, staying out of trouble are some. If the offender does NOT live up to the requirements, then the offender can go to jail to finish the sentence and probation is “recalled.”

neveragain1

i hope i get accepted into the diversion program, does anyone know the requirements to be eligable other than it being your first offense?

JudyKayTee

Right - first offense, not a major/violent crime (I believe I said not a felony) and it's upon the recommendation of the DA who, in theory, decides whether you are likely to offend again, whether you learned anything from the experience, whether you will learn without jail time.

I believe you have a better chance if you have an Attorney to argue on your behalf.

neveragain1

i talked to the Attorney at my school and told me to go earlier on my court appearance date and go to the Duty Counsel and ask for the diversion program, if im not eligable to ask to adjourn.

JudyKayTee

And if that's what my Attorney said, that's exactly what I would do.