I was with a friend who was caught shoplifting an item worth $10 from The Bay in Markham Ontario. I didn't want anythng to do with it so I stayed away but because I entered and left the store with him and also looked at the item with him, I got charged for theft and he was charged with theft and possession. We were taken in to the security office, the police were called in, we were charged also told that we would be mailed a fine by HBC. We're both 19 but the officer put our court date on my friend's birthday so he'll be 20. It is the first time we've ever been taken to court besides one traffic ticket and have never been convicted of anything beforehand. However when leaving, the police told us that they felt it was "filthy and uncalled for" that The Bay fine us along with the charge by the police and that they probably wouldn't have charged us if they knew about the fine and that it would be a good recommendation that they put in with the courts. Is a diversion likely for us, or is there any way we could get something even better than a diversion so even that doesn't appear on our records? I'm also curious as to whether this would affect my chances into entering grad school or get a job of any sort. Also, how long before we can get our fingerprints and photographs destroyed? Thank you in advance for any helpful comments.

I would be looking to get your case dismissed, you will need your friend willing to testify for you that you did not know he was stealing.

Now if you knew he was stealing and still left the mall with him, then you are guilty also. ( sorry if you don't turn him in, or leave without him, you are considered part of the crime)

Guess telling us his birthday adds to the story, but has no bearing, does not matter if you are 19 or 20.

And yes, you need to ask for the diversion program