What can you do to be prepared for court if already charged for theft over $5000 in Alberta specifically... first offence and never been before a judge before.

And has anybody heard about the Adult Alternative Measures Program?

Hello U:

The only thing you need to take with you to court, is a damn good lawyer.

excon

You have not provided enough information to see if you could even qualify for the alternative measure program which is the same as the diversion program in Ontario. Usually it may be available for first time offenders but it depends on the circumstances of your case and theft over $5,000 does not sound like it would qualify. I agree you need a lawyer.

What is it need to qualify?

Oh and another thing.. have any idea what your rights as an employee are when it comes to video taping without being aware?

By qualifying for the program I mean you have to provide more details surrounding the circumstances of your case however in your last post you mention rights as an employee so now I can say that theft from employer does not qualify for alternative measures or diversion in Canada especially theft over $5,000, I really think you need a lawyer asap.

Oh and another thing..have any idea what your rights as an employee are when it comes to video taping without being aware?


As long as it's for security purposes (and not a camera hidden, for example, in a bathroom stall), they are allowed.

Cameras are there for the purpose of stopping employee theft.

Were you an employee?

Here's something I wrote. It's similar in all Provinces:

“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.”

What it the camera was never there and then it was hidden like a personal camcorder... I thought you had to be aware that a camera may be present...

Are you talking about video taping a theft or video taping a police interview?

I mean video taping a theft I guess. But what I really want to know is for example, you work at a place for almost 2 years and then money is supposedly going missing and your being accused of it and finally get fed up and stupidly take part in this. Stupid I know. Now this happens in your last few weeks at this job and they know you are leaving and on your second last day put a plan jane camera hidden, without your knowledge somewhere, are they technically allowed to do this? I was always uder the empression that you had to be aware that there was a chance you were on camera.. you know the saying "Smile your on candid camera" I don't know...

Please note... I did not actually commit this specific crime(theft over)... Im taking all the blame for someone else's theft because of my stupidity the last while...

I think they are allowed to video tape you in these circumstances, I really think you need a lawyer's advice.