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Frightened
Aug 30, 2008, 08:15 AM
So I was arrested 2 days ago under the charge Fraud under 5000. I made some returns at my old employment totaling just under 2000. I have no criminal record nor have I ever been charged, arrested or had a speeding ticket.
The police said the company is just asking that I pay it back, but I do have to appear in court in two months. I'm completely lost and I don't know where to start to find a lawyer or what to do. I've never been in a situation like this. I told this police that I had taken the money because I was having financial problems.
What do I have to do? What will happen to me? Am I looking at jail time at all? I am willing to anything to avoid that. Please help with advice. I really don't know where to start. :(
Edit: I live in Ontario and am 25

JudyKayTee
Aug 30, 2008, 08:25 AM
So I was arrested 2 days ago under the charge Fraud under 5000. I made some returns at my old employment totaling just under 2000. I have no criminal record nor have I ever been charged, arrested or had a speeding ticket.
The police said the company is just asking that I pay it back, but I do have to appear in court in two months. I'm completely lost and I don't know where to start to find a lawyer or what to do. I've never been in a situation like this. I told this police that I had taken the money because I was having financial problems.
What do I have to do? What will happen to me? Am I looking at jail time at all? I am willing to anything to avoid that. Please help with advice. I really don't know where to start. :(
Edit: I live in Ontario and am 25



Here's how it CAN work in Canada (I'm quoting myself):

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.

joanne 1986
Aug 30, 2008, 08:26 AM
Fraud is a serious crime so you could end up going to prison I'm not a judge though so I can't be sure! If the police have said that the company just want the money back maybe the judge and the company may come to some sort of agreement that might keep you out of jail! As I said though I'm not a judge so I can't be sure.

Frightened
Aug 30, 2008, 08:55 AM
So I just spoke with a lawyer to set something up to speak with him. He said it is unlikely I will get jail time and its probably going to end up as probation and community service, but since it was a work related issue I can't try for diversion due to the breach of trust. We will see what happens. Im still scared, but at least now I can prepare myself.

joanne 1986
Aug 30, 2008, 08:59 AM
Glad you have got hold of a lawyer,good luck with it all

JudyKayTee
Aug 30, 2008, 09:08 AM
Fraud is a serious crime so you could end up going to prison i'm not a judge though so i can't be sure! if the police have said that the company just want the money back maybe the judge and the company may come to some sort of agreement that might keep you out of jail! as i said though i'm not a judge so i can't be sure.


This is in Canada so it's different from US - if you are, in fact, speaking of US law -

JudyKayTee
Aug 30, 2008, 09:09 AM
So I just spoke with a lawyer to set something up to speak with him. He said it is unlikely I will get jail time and its probably gonna end up as probation and community service, but since it was a work related issue I can't try for diversion due to the breach of trust. We will see what happens. Im still scared, but at least now I can prepare myself.


Excellent - I know that when it's from an employer or former employer it's a whole different issue but you can never go wrong when it isn't clear cut (or even when it is) by retaining an Attorney.

Please come back and let us know how it works out - could very well be helpful advice for someone else.

mazila
Jun 12, 2010, 06:18 PM
Hi to everyone, please help me , Iam from Toronto ,I don't know what to do, and sorry for my spelling it could be wrong, Guys, I was caught when I changed the tags,so the amount is 55 $ ,police was called, and I have my court date,so know I am totally lost, I am 28, and I don't have any criminal record, but problem iz , I just applied for the PR card, ( Permanent Resident Card),I have to kids, I know I am stupid, and worsen mom at the would,I have 2 kids,what to do? My husband will kick me out if he will know,I send apologize letter to store, and I was cooperative with police,one of them told me in 99 % in your case no criminal record, but me so skared, I can not eat ,sleep, what should I say at the court, if they will ask me why you did? How many times you did ? What I should answer,I can not afford a lawyer, and like I said my husband he doesn't know anything,I will wait for your advise,thanks a lot, ( I am student, completing a college)