Log in

View Full Version : Theft under $5000, Canada


Shinn
Jun 1, 2010, 06:01 AM
It was unquestionably stupid, and I shouldn't have done it. I can hardly sleep or do anything with this on my mind. I already have a warning on record for theft, while I was under 18, this is the second time.

I'm over 18, and I need to make a court appearance in front of a judge. The officer said it is likely the ticket will just be thrown away (his exact words), and I may be left off with no record and some community service.

I want to know if this is true, and what are my actual chances of getting a criminal record? Should I find a lawyer even if I'm pleading guilty?

JudyKayTee
Jun 1, 2010, 06:05 AM
Diversion is offered only the first time so I believe you will have a record and you will pay restitution, get community service, pay a fine.

I am surprised by the comment by the Police Officer. Was he aware that this was the second time you've been caught shoplifting and you learned nothing from your first experience?

That first episode IS available to the Court.

Shinn
Jun 1, 2010, 06:14 AM
He was aware, I was with a friend who also had a warning as well, and his mom was told that most likely we will not be charged with a record, only some community service...

I don't ever remember feeling this guilty in my life, and I've definitely learned my lesson...

What is this Diversion program by the way? Is there any way to apply for it even if this is my second offense? My first offense was under 18.

Shinn
Jun 1, 2010, 06:22 AM
I also read https://www.askmehelpdesk.com/criminal-law/theft-under-5000-second-offense-first-minor-467456-2.html.

His case is probably the same as mine, even the part about needing to cross the border...

Another question, sorry for the double post, how exactly does the duty council attorney work? Should I contact one soon? The court date is July 16th and I have to put down finger prints on June 30th.

gdknows
Jun 1, 2010, 05:11 PM
My question is when you did it first time. How police office came to know about your first record if first time it was verbal warning. Have you accepted in-front of him or he find out in his database.

Shinn
Jun 3, 2010, 07:33 PM
Even warnings are placed in a database. The police tell you it is not available to the average employer etc, but it is available to any police officer.

JudyKayTee
Jun 4, 2010, 06:31 AM
My question is when you did it first time. How police office came to know about your first record if first time it was verbal warning. Have you accepted in-front of him or he find out in his database.

It's in the database that the Police access.

mazila
Jun 16, 2010, 07:23 AM
Hey I have same story, but mine is Fraud under 5000$, so my court date on 15 of July,

JudyKayTee
Jun 16, 2010, 07:31 AM
hey i have same story, but mine is Fraud under 5000$, so my court date on 15 of July,


What is your question?