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View Full Version : Theft under 5000 in ontario, first time offence, student, 19yrs


beep
Oct 16, 2009, 01:05 AM
I got caught shoplifting today. $60 worth- small purse and a hat. I stole from the same store a week or so ago- a $12 scarf. I was not caught that time or anything, but the store owner claimed that she had seen me steal there before and has me on camera. They brought me to the back room with the security guard, and the police came. They gave me a court date and a date to get my fingerprints taken. I don't know why I did it. It wasn't even a thrill- maybe a little because it felt so easy the first time. But I'm absolutely shaken with guilt. I've never been a rule breaker- usually the most responsible one of my siblings and friends. What possessed me to do these terrible things- I don't have an answer for. But I'm terrified because I'm leaving to university in January, and have to find a job there too- not so easy with a criminal record. Anyone that knows more about this process or what I should expect, or what I should do to prepare (documents? lawyer?:confused) would be greatly appreciated.

Any advice would be much appreciated.

ohsohappy
Oct 16, 2009, 01:15 AM
Read this WHOLE post, especially the part by JudyKayTee.

I hope it answers questions.
https://www.askmehelpdesk.com/criminal-law/theft-under-5000-first-time-student-398847.html

JudyKayTee
Oct 16, 2009, 05:38 AM
Thanks, ohsohappy - a lot of people would have simply cut and pasted what I wrote instead of simply referring people over!

Anyway, here is 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.”

ohsohappy
Oct 16, 2009, 10:50 AM
Thanks, ohsohappy - a lot of people would have simply cut and pasted what I wrote instead of simply referring people over!

Anyway, here is 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 end 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.”

I figured she'd get more information if she knew the context of the story, adnI didn't want to just steal your words and take the credit for it, So I just posted the link. This way, she still gets the information, but its from the person who actually wrote it.