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    nipissing's Avatar
    nipissing Posts: 1, Reputation: 1
    New Member

    Apr 3, 2008, 07:58 AM
    Theft under $5000 in ontario, canada
    Hi. I am 18 years old and was recently caught trying to walk out of walmart with unpaid cosmetics in my purse. The loss prevention officer took me to the back and read me my rights, and we waited for a police officer to arrive who charged me with theft under $5000. I have a date set for fingerprinting and to go to court. Unfortunately for me, I was in such a state of panic that when they asked if I wanted to speak to a lawyer I just responded with "i dont know...". After reading other questions under this topic I now realize that speaking to a lawyer is what I need to do, but I was not given the toll-free number that they offered. Does anyone know where I could find a number to call for free legal advice?
    seguin44's Avatar
    seguin44 Posts: 1, Reputation: 1
    New Member

    Jan 5, 2010, 10:47 AM
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member

    Jan 5, 2010, 11:13 AM

    Are you aware of the Diversion Program? Here's 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satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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.”
    LADYLALA1976's Avatar
    LADYLALA1976 Posts: 4, Reputation: 1
    New Member

    Feb 1, 2011, 02:22 PM
    I live in Toronto, Ontario

    Say you have been charged 2nd time of theft under $5000 and the first time you did it you were 19 and now your 34 and you did it again. Could you get jail time ? What is the outcome of most cases what are the punishments. Do I really have to worry about being sent to jail ? The first charge was discharged because I did all my community service. I just don't know what they will have me to do now. I'm really scared please help...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member

    Feb 1, 2011, 02:36 PM

    I answered this question on your OTHER thread. My advice has not changed. I know you are nervous and upset - but please stop posting the same question and keep all conversation in the same place.
    ggholam78's Avatar
    ggholam78 Posts: 1, Reputation: 1
    New Member

    Oct 12, 2013, 09:30 PM
    One of my friend that is newcomer to canada and so respectful madam had bad chance 2 weeks ago ,she had gone to one of winners shop and bought $80 cloths after paying to cashier , she decided to bring another cheap clothes $9 .she brought it and suddenly saw her son in front of the shop , because of they had arrangement there ,she harried up and went through his son for sounded him , because he wanted to buy something there ,
    Unfortunately an old woman as security of shop said her you are " thief"!!
    Police came there and give her notice about fingure and photo in police office and the date of court!
    Winners and security of mall said her you will not permission to come here about one year and contacted her wildly! She is new commer and not perfect language ,
    She is high prestige lady and has high graduation but she get in to difficulty,
    She received a letter from attorney of Winners that said you have to pay $598 to civil court ,
    So please help her , what should she do ? Has she to pay $598 to civil court for $9 clothes!
    Is it possible the court forgive her ?
    Please please help.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Oct 13, 2013, 04:20 AM
    Hello g:

    Tell her to go to court and FIGHT the charges.


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