Ask Me Help Desk - Caught with Theft under $5000 and Possession of Stolen Property

I need someone's advice or help! PLEASE! I'm freaking out right now and not sure how to handle myself.

Today I was caught with a few different item's all adding up to about $50. I was pulled into a office and the lady that monitored the store told me I was going to get a letter in the mail from the company in which I had to pay a fee. Then she called the police and they came. They then arrested me with Theft under $5000. Then she gave me the choice of being in their custody or agreeing to appear in court. I agreed to go to court. My court date is the beginning of October 2008.

Then, she asked me if the lady already searched my purse. I said no. They then found a makeup bag with a few items in it that I had stolen. I had lied to the officer and said the items where mine. She then did a search on them and found they were stolen. So she arrested me with Possession of stolen property.

She then talked to me sternly and blabbered on.. I said I didn't want to talk to her and I will talk to the court. Then she escorted me out of the store. And also asked me if the car I was using stolen. The car is my boyfriends. I thought that was merely rude of her to say to me.

I have once before been accused of stealing money at my old work place. I had to talk to the police and what not, but I was never found guilty (because I was not). This happened to me and another girl. So when the police came today, they did a background check on me. It was still in my records that I was accused of this. So this makes me look REALLY bad! But the first offence wasn't even my fault. And again I was not charged.

I need some advice on what to say to the court and what to do. I am 19 years old. And I'm not a bad kid. I want to go to college next year. And ALSO I don't have any money right now. I don't have a job.. and I'm just really concerned.

Please! Someone help me!

Thank you!

Since this is technically a first offense you should be able to get a diversion.There are many other threads that are extremely similar to yours in this forum. Just browse through them and you will learn what to do.

I am bothered by one thing you wrote: "also asked me if the car I was using stolen. ... I thought that was mearly rude of her to say to me." Excuse me, you got caught stealing from a store. You don't think that was rude? You think the police should be polite to lawbreakers?

If you don't show more remorse and you do have to go to court, that's not going to sit well with the judge.

I understand COMPLETELY what I did was wrong. And I was SO poliete talking to them and awnsered their questions. I was already crying as it was and she said it so rudely in front of so many people. I just thought that was kind of rude that's all. So a diversion.. where do I go to get one of these? The court I have to go to is in Guelph, Ontario. When should I go ask for one of these. And who should I talk to?

Did you read the other threads like I suggested?

Yes I just did actually. But I was reading them and kind of confused.. I go to the court in witch my trial will be held at and talk to someone there about a diversion. Now.. when I ask for a diversion, do I talk to the crown? Or do I just fill out some papers? Thank you so much for your help.

ALSO! I was wondering. If I get the diversion.. I will no longer be charged correct? Just charged by the company in which I stole from?

Quote:

Originally Posted by dc_1415

I understand COMPLETELY what I did was wrong. And I was SO poliete talking to them and awnsered their questions. I was already crying as it was and she said it so rudely infront of so many people. I just thought that was kind of rude thats all. So a diversion.. where do I go to get one of these? The court I have to go to is in Guelph, Ontario. When should I go ask for one of these. And who should I talk to?

You were caught stealing and you are upset because the person who stopped you was rude? I'd leave that out when I go to Court if I were you.

I own a store; I deal with shoplifters and shoplifters who continue to lie long after they're caught. I'm not terribly sympathetic to them because they cost me a lot of time and money. But the legal info is - and I'm repeating myself:

"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.

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 Curt 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 completed 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."

Thank you for all that. I know it shouldn't bother me that the cop was rude. It just does only because I am a very nice person in how I speak to people that's all! But anyway all the items were returned un used and not opened. They should be fine for resale. When I go ask for a diverstion.. do I tell them I want to go to school for a social worker and I can't have a criminal record. And the fact I have no job at the moment and my parents just got a divorce and I was kicked out of my house and now live with my boyfriend and trying to somehow save up for college. Do they take any of this into consideration?

If you read what Judy posted, the process varies from place to place. We can't tell you what to say or what will be asked.

You ask about a diversion and fill out the paperwork and answer any questions they ask you. Don't volunteer anything except to say that you regret what you did and won't do again.

Quote:

Originally Posted by dc_1415

Thank you for all that. I know it shouldnt bother me that the cop was rude. It just does only because I am a very nice person in how I speak to people thats all! But anyways all the items were returned un used and not opened. They should be fine for resale. When I go ask for a diverstion.. do I tell them I want to go to school for a social worker and I can't have a criminal record. And the fact I have no job at the moment and my parents just got a divorce and I was kicked out of my house and now live with my boyfriend and trying to somehow save up for college. Do they take any of this into consideration?

Sorry, but I have to chime in, but not from a legal standpoint.

You asked if your life circumstances would be taken into consideration? Did you take into consideration the consequences of stealing when you stole? Obviously not, but now they're supposed to forgive and forget because you have plans and didn't mean to get caught. Would you still feel remorse if you had gotten away with it?

As for the cop being rude, I don't think so, I would have been much worse, you got off lucky.

The items were returned unopened and unused, so you think it's okay, all good, no harm done? What about the next time?

You don't sound very sorry for what you did, only sorry that you got caught.

I agree with Alty. You don't have one shread of remorse in your post. You're just freaked out you got caught with your hand in the cookie jar. What do you expect from the cop? A nice flowerly lecture instead of a reality "rude" person. They were not rude. They were just doing their job and you were it. You have everything going for you, but you chose to throw it all away for a few dollars. I'm wondering just how many OTHER times you did this same thing - only you DID NOT GET CAUGHT. Hmmmm. Makes a person ponder. It's lovely people like you who have obviously done this before that seem to yowel the hardest and loudest that they "never" did anything like that before. The first offender programs are a joke. You did the crime, it's going to be too bad that you don't get punished but can cop out on a "first offender" program. I guess the jails are too full and they had to think up something to "punish" the first timers. Gee. Get a job and earn the money. Don't steal anything ever. If you can't pay for it, don't steal it. End of lecture. Thank you for not reading.