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View Full Version : Theft under $5000, first offence. Lawyer or not?


slowpanda
Sep 26, 2013, 12:44 PM
I'll just get to the facts.

I was caught stealing $100 worth of merchandise from Shoppers Drug Mart. (It was actually only $50 but they found my own personal makeup in my bag, took my makeup that was mine and claimed that I had stolen that as well.. but that's besides the point) I was charged for theft under $5000, I am in Toronto, Canada.

I am at a point where I am debating between whether I should get a lawyer right off the bat. This is my first offense, I have no record and I am a student. I have read many things online saying that I can simply go to my court date and request for diversion (or I may receive diversion automatically) and my charges will be withdrawn in return for something like doing community service, paying a charitable donation or paying a fine. Only if my case goes to trial (which I am told is unlikely), then I would need to get a lawyer. I am only a student and I've been quoted that a lawyer is $1200 - I would like to know if it is really necessary for me to get a lawyer from the very beginning to represent me on my court day? Will getting a lawyer make everything faster and easier? What difference does it make if I can get the same outcome (diversion - charges withdrawn) by myself? Of course I would like to avoid spending $1200 but if getting a lawyer from the beginning makes the process easier and faster than I must do it.

Also, my fingerprinting date and court date are in November, however I am supposed to go to the U.S in October. Would I be refused at the border, even though I haven't gotten fingerprinted or gone to my court date yet?

Any feedback/comments are appreciated.

slowpanda
Sep 26, 2013, 12:46 PM
I'm also 20 years old, forgot to include that.

theftstudent
Sep 26, 2013, 08:43 PM
Im not an expert, but from my experience, I'd say you can definitely at least go to the first court appearance on your own. You could possible get your charges dropped even before your first court date (very rare) if the arresting officer forgets to send files to the attorneys office.
For your monetary amount, the crown will probably just screen you as eligible for diversion straight away. Go to the first appearance by yourself, and if they don't give you diversion right away, then start looking for a lawyer. If you want a recommendation for a lawyer (the lawyer I used for my case because I am also in Toronto) send me a private message. Every lawyer I've talked to said that for that amount of money, given that it's a first offense, diversion is EXTREMELY likely. Good luck.

slowpanda
Sep 26, 2013, 08:55 PM
How do I send you a private message? LOL

Did you go to your first court date by yourself? What was the process? If I do get diversion on my own without a lawyer, is it equivalent to a result I would get with a lawyer? Or could a lawyer possibly get me something better? (like maybe no community service/charitable donation at all) I'm just trying to weigh my options, 1200$ is a lot of money for me lol.

Fr_Chuck
Sep 26, 2013, 11:47 PM
I would not enter the court house doors without an attorney, it can make a difference of getting this off your record or not