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View Full Version : Theft Under 5,000 in Ottawa, Ontario. What to expect?


AshleeEmm
Jul 4, 2009, 11:03 PM
I'm going to openly admit that I am terrified. I've never done anything inherently wrong in my life except for now, so I have no idea how to deal with anything that is coming up for me.

The day after I turned eighteen (in May) I made the misguided attempt to shoplift at 'The Bay' and was caught. It was for an assortment of cheap rings and useless fake jewelry that I shouldn't have touched. The loss prevention officer caught me, I was questioned, the police came, and I have to go to court in August for Theft Under 5,000. It turns out this assortment of cheap rings--which I figured basically worthless--amounted to over $250.00.

I haven't been sleeping, or eating well, and whenever I'm left alone with too much time to think about it I get sick. I've been trying, and failing to get a job in an attempt to save the money for the forthcoming fine I will get in the mail. I've signed up for counseling and will start soon, for my own benefit, because I know even without it I will never do anything like this again; the consequences, not to mention the guilt, and regret, are far too much for me.

I just would like to know what to expect, it's been eating at me. What is the maximum charge I can be given? This is my first offense. What's the worst case scenario? The best? What happens when I go to the courthouse? What do I ask from my duty counsel?

I have no idea, I haven't told anyone about what happened so there's no one to go to for help.

Please, if anyone has gone through this, or knows about it, and can find the time, would you respond and just give me even a modicum of information, some piece of mind? I would appreciate it greatly.

Thank you.

N0help4u
Jul 4, 2009, 11:11 PM
Most of the kids that get caught shoplifting in Canada say they have to go to Alternatives/Diversion class(es) and pay a fine.
I don't know what the worst you can get is.

otboy
Jul 6, 2009, 11:55 PM
Hey... I understand your pain... I went throu the same thing(same store and all)... the only thing different is the police didn't attend because my record was clean and they didn't give me any court date... I later spoke to the loss prevention officer and he told me it would only be a note on the system... but no criminal record... did you get fingerprinted?. and if anyone is reading does that count as a real arrest since if the police didn't attend?. good luck

JudyKayTee
Jul 7, 2009, 07:36 AM
Here is something I wrote - all of the Provinces have similar "programs." The "real arrest" if the Police didn't attend has already been answered (https://www.askmehelpdesk.com/criminal-law/loss-prevention-officer-arrest-372782.html)

“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 Court 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.”

PalBra29771
May 1, 2010, 10:43 PM
To determine of the theft was major what is considered a large amount?

JudyKayTee
May 2, 2010, 06:08 AM
to determine of the theft was major what is considered a large amount?


Please open a new thread - I've asked a moderator to take care of that.

The dollar amount in Canada is $5,000 - over or under.

burly33
Sep 13, 2011, 07:12 PM
Hey I'm in the same position you were. What ended up happening with your case?