I am 27yrs old. Single dad 2 kids. I have no criminal record, no fines ever, nothing. My record is clean. I recently made the worst decision in my life. Ohh, I live in ontario canada.

So here goes:

I was recently at store and got caught stuffing $18 worth of groceries in my bag. The Loss prevention officer caught me, brought me into the office. He took my info down, called the police but said that I met protocol as I did not have a criminal record, valid id and was extremely co-operative. He made me sign a paper which was for his records and one that he was putting in his report and to send to the police. He gave another yellow paper stating that the store might send me a fine due to recover the losses of the $18 merchandise, time for investigation, trouble for the customers, etc... He told me that since the police did not attend, that I was not being charged. He told me that the police have 6mths to send me a notice stating that they are charging me ( if they decide to do so) to appear for fingerprints and court. He said that he does not see this happening. I have since spoken to him and the store manager, the store manager said that he would be more than happy to say I was extremely concerned with my actions and that I was co-operating. Also, I have spoken to the loss prevention officer and said the following:

- That he does not see them pressing charges because its my first time ever being in trouble, that I have no criminal record, and that I met protocol on the night in question. He said that the police are back loggedand have bigger things to worry about but that if it happened again, that at that point, I could be charged and in allot of trouble.

On the night in question, I spoke to officer who took the call from the store, she told me not to worry about it, that they take the report, send it to the crown and then they decide if its worth it to pursue with charges against me. She said that it will more than likely not happen and if anything was to happen, because its my first time in trouble, that I would more than likely be given the option to take a course on shoplifting and once the course is completed that all charges would be removed and no criminal record. The only thing that the info stays on their in house system only and no record. She pretty much told me " keep your sticky fingers to yourself and dont worry about it ".

I spoke to a colleague who is an ex-cop. He told me that he never sent anyone a notice for the trespass to property act. He said that he is 99% sure that nothing will come out of this and not to worry. He said that I was looking into this too much. He said that the fact that I have no record, first offense for $18 shoplifiting, the cops have bigger things to worry about and would cost too much for the crown to proceed with charges as not worth it. Said not to do it again, pay the fine from the store. Pay the fine for the trespass to property act if I get one and to move one.


I also went to the police station and spoke to a really nice constable. After explaining the story, he told me " Don't worry about it and don't do it again " He said that the police have bigger worries and not to do it again or else I could be in allot of trouble. He told me that he does not see them sending me a notice saying they are pressing charges as I have no criminal record, not even a fine to my name. He said that since the police did not bother to attend, that the chances of me getting charged are slim to none. He said that they keep it on their in house system and that's it.

So my questions are the following :

- After what I just told you, do you see them proceeding with criminal charges even if the police did not attend?

- If I do get charged, could I do jail time for $18 worth of stuff, first offense. Could I do the diversion program to avoid criminal charges and a criminal record ?

- If I do not get charged, could this pop up on a criminal check for employment since it is only being kept on the in house system on the local police?

- Can my employer find out about this ? ( I work in the financial industry)

- How important is it for me to pay the fine from store? ( if I get one )

- Since the police did not attend, am I pretty much lucky and getting a warning and a slap on the wrist?

- As per above and from what I was told, Am I worrying too much and looking too much into this?

Thank you

I just wanted to add that the store security said that the fine I would be getting is a standard fine that a store will send when someone is caught stealing and that the poilice if not charging me will send me a trespass to property act fine of $65. No criminal record and no charges and that this would not show on a criminal check

Well it has been a year and a bit after your incident... what was the turn out in the end? Was it just a slap on the wrist? Hope all worked out for yah, and learned from the stupid choices, that we are all guilty in making once in a while! :rolleyes:

I ended up having to pay a $350 fine... and had to do community service for 10 hours to avoid getting a criminal record... it was diversion program... I completed it and they said that it is now removed and no criminal record which was good... it was one hell of a lesson... thanks a million

Good for you! Guaranteed it was a lesson well taught, and a lesson well learned! You responding is a big help. Since I too are now in the shoes you were in before. I'm so nervous. But, I got caught, and I have to admit and face it and just be honest. I learned!! If you don't mind, you might be the only person that would be able to help me with this. (If you don't mind that is =) )

So they sent you a summon to appear in court? If so, how long after the incident? What was the process to be applicable for the diversion program? Did you have to get a lawyer? {e-mail removed-<>} Once again, glad all worked out for you! Now no more worries and you can spend all the time in the world being a great dad to your 2 kiddies! Take care and have a good weekend! =D

Hey anonymous23, My email is currently down, I formatted my PC so slowly getting everything back up... this is how it went down
- got caught
- they took my info down
- a month later, I got a notice in the mail to go to the salvation army at the court house for a meeting with a counselor. It took about 20 minutes. She gave me a fine for $50, 10 hours of community service to be completed within 60 days.
- got a letter from the store stating to pay a $350 fine which I did in 3 installments over 3 months
- once all was done, it was done and over with

In order to qualify for the diversion program, you cannot have any previous incidents and no criminal record. If this is the first time that you are in this situation, then you should be eligible for the diversion program. They do this program to avoid you going to court and getting charged. If you do not complete it, then you will be charged and have a criminal record. They said that once I completed the diversion program, my name would remain in their system so if I ever do it again, then I will be in trouble. But even though my name remains in their system, its for their in-house only so if I go get a background check, they cannot say anything... worst scenario would be that the background check can say that there was an incident but no charges were brought against me... so I was very fortunate. This is in ottawa ON so I am not sure what province you are in but I am almost positive that every province will offer a diversion program... and if you do have to go to court, you can ask to speak with the crown and ask to participate in the program to avoid a criminal record. Let me know if this helps.

:)

Oh, I never had to go to court and face a judge or the crown, just had to meet the counselor. That was it...

hey anonymous1221, thank you so much once again for responding. It seems that your outcome was smooth and straightforward. Well, I live in Mississauga, Ontario. So I am guessing that they would have some sort of diversion program.

I guess I will just have to wait and pray for the best to see what the outcome is once they contact me. So you yourself had to apply and inquire about the diversion program, or they just sent you a letter a month later?

As far as I know, I'm quite positive that my background check is nice and clean. At the store the security officer had just told me that they are letting me off with a warning and that this would just be in the internal files and not a criminal record. A police will be calling me in a month or two to talk about the incident. Then I was free to go.

Well, like I said I greatly appreciate your assistance with this. It has provided me with some relief and a more positive hope. I guess I will keep you posted on the upcoming days regarding my situation.

Thanks so much once again, you've been sooooooooo helpful!! =) Enjoy your week!!

to be applicable for the diversion program? Did you have to get a lawyer? If you want, {e-mail removed-<>} being a great dad to your 2 kiddies!! Take care and have a good weekend! =D



Please don't post email addresses and please don't ask to take a discussion off the board.

Hey... actuallly going thou the same and this was a great help!
1 question... how long did it take for you to receive those letters?

... 'n this post iz about 2 yrs old and you should start yo own post

...'n dis post iz about 2 yrs old and u should start yo own post



I'm out of greenies so here's a pretend one. A classic!

I ended up having to pay a $350 fine.... and had to do community service for 10 hours to avoid getting a criminal record.... it was diversion program... I completed it and they said that it is now removed and no criminal record which was good.... it was one hell of a lesson... thanks a million


HI there,

I read about your experience and what you went through after the fact. I'm currently going through the same worry, I just got caught last week shopflifting, the police came wrote a report but told me they weren't going to press criminal charges, only civilly, that I would get a civil demand in the mail soon and that I had nothing to worry about. Now I'm scared because I keep reading about other people who shoflifted way less than I did and had to go to court and get diversion to avoid a criminal record. Can you please tell me how you started your process of diversion? I'm only 21 and I need to do this without my parents finding out. What did you get in the mail, and how did you go about getting approved for diversion? Did you need to get a lawyer/ go to court? Just tell me step by step what you had to do please, I would greatly appreciate it. (I'm from Vaughan, Ontario). Thanks

You need to start your own post. OP has not been back since over 4 months ago.

Here's how it works (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 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.”