Hey there, I'm one of the many first-time-offenders, being charged for theft under $5000. I already know what to do about it and everything, but since me and my friend were both charged at the same, would it be best to deal with this as a joint thing, or separately?

It dpends on a lot of factors which we are not aware of. Sometimes its better to do it jointly, other times its not.

Could you maybe tell me what factors need to be considered?

Hello weare:

Some of them might be your ages, your criminal records, who did what part of the theft, who cooperated, who was the leader, who has the most influential family, who has the best lawyer, who has the most money...

I'll bet Scott has a few others.

excon

What was taken, from where under, what circumstances. Whether one or both of you made restitution. Etc.

Okay, we are both over 18 and as I said before,first time offenders (we live in canada). Niether of us was exactly a leader or a cooperater, it was pretty much equal on both ends. We tried to take about $22 worth of food stuff from a supermarket, and we offered to pay but the security guy wrote down that we didn't. Niether of us has an influential family and it's bogus that that should be a factor at all. I have the most money, and we'd rather have an attorney try to work it out so we don't have to go to court at all. Now, hopefully that can sort things out and you can tell me whether we should deal with this together or separately.

we'd rather have an attorney try to work it out so we don't have to go to court at all.
That would be your best bet. Get an attorney to approach the store. Offer sincere apologies and agree to never go in that store again, at least for several years. Since the stuff was recovered there should be no restitution to offer.


Now, hopefully that can sort things out and you can tell me whether we should deal with this together or separately.

I don't see much value in separating the cases at this point. But, as noted above, your best bet is to get an attorney to get the store to drop charges. Let the store tell him what they want to do so.

Thanks for the help

In Canada! Lucky you. You can get an attorney or go see the Crown prosecuter yourself. You both are sure-fire candidates for th 'Alternative Measures Program'.

To reduce court loads the Crown introduced the Alternative Measures Program where individuals admit responsibility, are interviewed and asked to either perform Community Service or something of that nature and perhaps there is a monetary ingredient; once it is completed, the charge is withdrawn.

I just saved you $3000.00 in lawyer fees!

Hello again, we:

It's probably OK, and you'll probably get the deal bhayne mentions, nonetheless, I would NOT talk to the prosecuter by yourself. I just wouldn't. That's your lawyers job. That's the rout I'd take. It's the safest way to go.

excon

For the most part, I really don't think it matters. I don't think you have any say as far as that goes anyhow ; it's up to the prosecutor. Does the prosecution's case hinge on you testifying against each other? If so, you can both "plead the 5th" (which is to say invoke your constitutional right against self-incrimination) and refuse to testify. That could put holes in their case. It's hard to say without knowing the details.

Sorry, I didn't realize you were Canadian when I posted the above response. "Pleading the 5th" probably means nothing to you. Bhayne's suggestion sounds like a good idea. However, as excon said, do it through your attorney.

All right, so if we qualify for this 'Alternative Measures Program' hoopla, after it's completed, the conviction won't be on our records?

Alternative Measures Program means no court. If no court you can't be convicted of anything. As I said before, the charges are dropped and no record will exist.

Lucky, Canuck!

Thanks everyone