View Full Version : Possession of property obtained by crime U5000
Fabolou5
Dec 3, 2011, 12:10 PM
Hi, I am 18 years of age and was recently arrested in my university residence for possession of a stolen MacBook that I have purchased from someone who stole it from another student in the university. I was aware of this but due to the fact my own laptop just broke down, I went to buy it anyway despite knowing it was stolen. I confessed everything and was completely cooperative to the university police officers, and I told him about who was the thief. My fingerprints and court date is coming up on the 14, and this is in Kitchener Waterloo, I am in first year so I really can't afford a lawyer. This was my first offense and the item was retrieved back to the owner. I have already lost the 800$ I paid for the laptop and I do not have much more to offer as my parents are unaware of this? What can I do to possibly avoid jail time and criminal record and be placed in maybe a diversion program or getting discharged? Btw. The officer told me this happens all the time in the university, so based on the past, if it's the first offense and I plea guilty, then I would probably get a conditional discharge.
JudyKayTee
Dec 3, 2011, 01:17 PM
Stolen property is stolen and sold "all the time" at your University? Sounds like a good reason for a Judge to come down hard as opposed to saying, "Oh, well, it happens all the time." Wonder if my Canadian counterpart still reads AHMD?
BTW, I would skip the explanation of how/why you needed a computer and be apologetic over buying someone's stolen property instead of how much money you've lost on the deal, which you knew was illegal.
Here's something I wrote on the diversion program:
“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.”
Fr_Chuck
Dec 3, 2011, 02:45 PM
You do need an attorney but this is a larger more serious offense. Of course several issues, in that you should never confess and give the crown any info without talking to an attorney first, Your best chance at a plea agreement would have been with them not being able to prove it well.
I see little chance of you not having a record, and perhaps talking to mom and dad and getting some help with money for an attorney should be considered.
Fabolou5
Dec 3, 2011, 04:22 PM
Will this most likely be a summary or indictable Offence?