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springer01
Apr 5, 2010, 07:03 PM
I was got shop lifting.. bad idea I know.. I am 18 and its my first offence, theft under $5000, I have a court date, and I am so scared. I was wondering if this has happened to anyone before and what happen when you went to court ? Or if anyone knows what could happen when I go.. I am very scared and so upset about the whole thing.. if anyone can help me that would be amazing..

Thanks so much

JudyKayTee
Apr 6, 2010, 12:51 PM
Canada?

Here's 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 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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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 end 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.”

springer01
Apr 6, 2010, 12:59 PM
Thanks so much!
- do you know if I am still able to cross the board?.

JudyKayTee
Apr 6, 2010, 01:06 PM
No, probably not. This was also just addressed on another thread. I'll see if I can find it.

springer01
Apr 6, 2010, 01:09 PM
All right,
So I won't be about to cross the board anywhere?. for how long any idea?.

JudyKayTee
Apr 6, 2010, 01:10 PM
What border do you want to cross? If you are talking US/Canada the rules are the same all over.

And how long is at the discretion of the Government. Usually 10 years IF you end up with a record.

JudyKayTee
Apr 6, 2010, 01:19 PM
Here it is:

"If you have any criminal record, no matter how minor or how long ago the offense, you may be refused a visa or entry to the United States. There may also be problems in traveling through U.S. airports. Under U.S. law, a pardon issued by Canadian authorities is not recognized for purposes of entry into the United States. Even though you may have entered the United States without hindrance in the past, you may be denied entry at a future date based upon disclosure/discovery of your criminality.

Not all criminal convictions create an ineligibility to enter the U.S., but any past criminal record must be declared. Attempting to gain entry without declaring that you have been arrested could result in a permanent ineligibility and/or detention at a U.S. Department of Homeland Security (DHS) enforcement facility while a CBP officer determines your admissibility.

Canadian Citizens
Canadian citizens with any criminal record may try to contact the U.S. Department of Homeland Security / Customs and Border Protection (DHS/CBP) at a Port of Entry well in advance of travel to the United States to determine whether their criminality makes them ineligible for admission without a waiver of ineligibility."

Criminal Ineligibility • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/criminal_ineligibility_visa.asp)