Ask Me Help Desk - Theft Under 5000- Devastated and Ashamed.

Hello, I am a 22 year old female from London, Ontario, Canada.

I was charged on June 1st, 2008 for theft under 5000, for shoplifting 35 dollars worth of makeup from Shoppers Drug Mart. I was caught by a floorwalker, and the police were called. This is the first time I have ever done something like this, as well as the only time I have ever even come close to being arrested (for anything). I am very remorseful of this act and am going through a great deal of stress at this point in my life (Illness that can be proven through hospital records, loss of employment and freshly separated from my husband at the time of the crime). I have no excuse however for what I did and can't tell you what I was thinking at the time, because I wasn't thinking, clearly.

I have been reading up, and have obviously heard of a program called Alternative Measures/Diversion that you can be given instead of a conviction. I was wondering how one would go about applying to be considered for this program. I have called Legal Aid and a toll free number (given to me by both LA and the police) that was to provide me 30 minutes of advice for a 6 dollar fee, but retained absolutely no USEFUL information from either. I have also read a lot of the posts on this website, and have found some sound advice, but am simply seeking more information, hopefully from people in my area.

My finger printing date is on Tuesday, August 26th at 6pm, and my court date is September 11th at 9:30 am.

My main question is, is there anyone from London who has gone through this process?

Also, on my summons, my birthday is completely wrong (off by a few years and a couple days) Will this affect the case in any way?

Another point, at the time of the crime I was on a serious amount of medication that was fairly mind altering (I couldn't even cook myself dinner on this stuff, lest I burn down my kitchen!). Both the loss prevention guard and arresting officer were aware of this fact, as I also gave them my hospital information (for summons delivery) because at the time I was splitting my time between there and my home. Could this factor have any sway on the outcome of my case?

I know this sort of question has been asked a million trillion times and I apologize for the repetitiveness of it... frankly I can't read half of the actual posts on here due to all the acronyms and text-talk. I'm also not looking to get off easy, I definitely know what I did was wrong and I should be punished. I am just looking to seek a way that I can be punished that is beneficial to myself as well as the community.

Thanks in advance. :)

There are tons of posts here by shop lifters from Ontatario.
They all say that when you go to court the Judge (Crown) will offer you the Alternatives/Diversions program. After you complete that you go back and show the court.
You will most likely have to pay restitution and a fine. Do not pay the store anything unless ordered through the court, even if the store tells you you have to.

Here are a lot of posts on other Canadians experiences
https://www.askmehelpdesk.com/search...archid=3114042

If you stay out of trouble for x amount of years then you can see about getting your record expunged.

Quote:

Originally Posted by MallyMack

Hello, I am a 22 year old female from London, Ontario, Canada.

I was charged on June 1st, 2008 for theft under 5000, for shoplifting 35 dollars worth of makeup from Shoppers Drug Mart. I was caught by a floorwalker, and the police were called. This is the first time I have ever done something like this, as well as the only time I have ever even come close to being arrested (for anything). I am very remorseful of this act and am going through a great deal of stress at this point in my life (Illness that can be proven through hospital records, loss of employment and freshly separated from my husband at the time of the crime). I have no excuse however for what I did and can't tell you what I was thinking at the time, because I wasn't thinking, clearly.

I have been reading up, and have obviously heard of a program called Alternative Measures/Diversion that you can be given instead of a conviction. I was wondering how one would go about applying to be considered for this program. I have called Legal Aid and a toll free number (given to me by both LA and the police) that was to provide me 30 minutes of advice for a 6 dollar fee, but retained absolutely no USEFUL information from either. I have also read a lot of the posts on this website, and have found some sound advice, but am simply seeking more information, hopefully from people in my area.

My finger printing date is on Tuesday, August 26th at 6pm, and my court date is September 11th at 9:30 am.

My main question is, is there anyone from London who has gone through this process?

Also, on my summons, my birthday is completely wrong (off by a few years and a couple days) Will this affect the case in any way?

Another point, at the time of the crime I was on a serious amount of medication that was fairly mind altering (I couldn't even cook myself dinner on this stuff, lest I burn down my kitchen!). Both the loss prevention guard and arresting officer were aware of this fact, as I also gave them my hospital information (for summons delivery) because at the time I was splitting my time between there and my home. Could this factor have any sway on the outcome of my case?

I know this sort of question has been asked a million trillion times and I apologize for the repetitiveness of it... frankly I can't read half of the actual posts on here due to all the acronyms and text-talk. I'm also not looking to get off easy, I definitely know what I did was wrong and I should be punished. I am just looking to seek a way that I can be punished that is beneficial to myself as well as the community.

Thanks in advance. :)

Right, it's been answered tons of times. At the time of your hearing - or a subsequent hearing - you may be offered the diversion program. Until then you have no way of applying.

The fact that your birth date is wrong does not invalid any of the arrest. If you do make that argument they will simply rewrite the ticket and arrest you again.

You probably will have to make restitution, pay a fine, do community service. I know you want to benefit your community but where you can perform your community service may be somewhat limited by your shoplifting arrest. Nursing homes, hospitals are very careful about the people who volunteer there, community service or not.

I know you are sorry but I would be very careful about the excuses when you are in Court or you will sound a lot less than sincere and I've been there for some of these hearings (not in Canada, of course) and the Judge's response is, "I got divorced. I didn't shoplift." So just be careful - not a criticism, just some advice.

Sounds like your life has hit a rough patch - this is a legal board, not a personal board, but have you tried maybe getting some help getting you through all you're going through?

I think you guys sort of misunderstood my post. I was merely stating what happened, and I said I know that this is on here a lot, does anyone from my particular city have anything to share about their experiences here.

Quote:

Originally Posted by MallyMack

I have also read a lot of the posts on this website, and have found some sound advice, but am simply seeking more information, hopefully from people in my area...My main question is, is there anyone from London who has gone through this process?

As for the personal stuff, I am not and never was planning on that as an excuse. I merely stated the incident in as clear of a case as possible, with all of my case facts because I see a lot of things on here that say: "I shoplift, courtdate soon need halp. Do I go to jail?". And then the subsequent posts are angry or asking for more info.

I also was not planning on fighting it due to a wrong birthdate. It was simply an inquiry.

As for the actual diversion process here, there is some conflicting information out there, and on this site, that says you do not have toapply before, and others that say you do have to apply before.

However, thanks for the help.

And again, has anyone from LONDON, Ontario gone through the proceedings here?

The link I gave you has a lot of personal experiences from Ontario. That is how I know about what I told you already.

Yes, and I appreciate that. I have gone through those several times previously. Thanks again though :)

My reply was mainly to Judy to explain things I maybe didn't make clear (this sounds like I am being cocky but I swear I'm not!)

Quote:

Originally Posted by MallyMack

And again, has anyone from LONDON, Ontario gone through the proceedings here?

I am not aware of anyone in London, Ont who has personally been charged with shoplifting who posts here.

Perhaps you should be represented by counsel on this charge.

Thanks for your input. I am unable to attain legal council from legal aide or otherwise unfortunately, but I am working out what I can do about this.

Also the London question is open for anyone who comes across this, not just the experts ;)

Yeah I think you may be right JKT
I do know that the posts here many said their experience was they didn't even have to pay a fine or restitution. Just take the classes and report back to the Crown.

While I appreciate your input, I don't think that you needed to say you were wasting your time talking to me.

I said thank you for what you had to give me, and just re-iterated that if there was anyone else out there who might stumble across this from the London area to give some input. Reason for this is because I can find no evidence of a diversion program in my area, but I have in the areas around it.

I thought this was a board that I was free to ask my questions on?

Well here is a web search for diversions London, ontario hope that helps

London Canada alternatives diversions program - Live Search

Thanks! Maybe that search engine will give me something.

I got some advice from my fathers lawyer for free today, so that was good. He actually said I didn't need to bother with a lawyer!