Ask Me Help Desk - Theft under 5000 this is my first time.

hello
i'm 24 years old. got stealing some thinks from (bay mart store) about 100$ got arrested got fine theft under. this is my first time. i never did be4 in my life. i never go to courts or police station.
but this is my first time i have to go to courts october 30 2008. i don't know wat can i do for now? anyone know tell me pleace wat i need to do? and how they gonna charges?
this is my first criminal record on the list. i never got any criminal record be4. i feel now why did i do this stupid work?
please answer my question.

Petty theft- A few months in jail-
Or a fine and probation- you can request a lawyer when
You go to court- and that is what you should do

Ru sure they going to send me to jail?
What they going to ask me in the court and how can I answer to them?
Becoz this is my first time I don't know what to do now?

First this is a bulletin board not instant messaging or texting. Please do not use chat speak here.

Second, There are dozens of threads here, all with the same question which will answer your question. I suggest you brows them.

What you will want to do is ask the court about a diversion.

I have been in various aspects of the criminal justice system for a long time and have never seen anyone go to jail for something like this on their first offense unless they were resisting arrest, hit someone, etc. You will probably get probation and maybe some community service. If they have a program where you can plead guilty, do some community service, serve some probation and not get a conviction on your record, you should try to go that route-as mentioned above, this is sometimes called diversion or probation before judgement. A lawyer should know about such things. Be sure you have one and if you can't afford one, ask for a public defender.

Quote:

Originally Posted by JimGunther

I have been in various aspects of the criminal justice system for a long time and have never seen anyone go to jail for something like this on their first offense unless they were resisting arrest, hit someone, etc. You will probably get probation and maybe some community service. If they have a program where you can plead guilty, do some community service, serve some probation and not get a conviction on your record, you should try to go that route-as mentioned above, this is sometimes called diversion or probation before judgement. A lawyer should know about such things. Be sure you have one and if you can't afford one, ask for a public defender.

OP is in Canada: [quoting 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. 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 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 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 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."

Quote:

Originally Posted by JudyKayTee

OP is in Canada: [quoting 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. 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 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 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 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."

I wish I could hire you as my lawyer!

Thank you guys for your answer.

Quote:

Originally Posted by JimGunther

I have been in various aspects of the criminal justice system for a long time and have never seen anyone go to jail for something like this on their first offense unless they were resisting arrest, hit someone, etc. You will probably get probation and maybe some community service. If they have a program where you can plead guilty, do some community service, serve some probation and not get a conviction on your record, you should try to go that route-as mentioned above, this is sometimes called diversion or probation before judgement. A lawyer should know about such things. Be sure you have one and if you can't afford one, ask for a public defender.

Thank you sooo mauch. You make me a little happy now and I have one more question that when I go to court need to hire lowyer? And how can I answer to judge? Becours I'm guilty right. I don't want to my family that I'm did this . Thanks for your answer again jimganther.

We have told you what to do. If you go for a diversion you may never go before a judge. Even if you doyou just amnswer the judge's questions tell him you will never do it again and complete your diversion program. If you can arrange a diversion yourself then you may not need an attorney. But having one should make things easier for you.

P.S. We have answered your questions, pleasee do not keep posting the same question in different places.

Quote:

Originally Posted by ScottGem

We have told you what to do. If you go for a diversion you may never go before a judge. Even if you doyou just amnswer the judge's questions tell him you will never do it again and complete your diversion program. if you can arrange a diversion yourself then you may not need an attorney. But having one should make things easier for you.

P.S. We have answered your questions, pleasee do not keep posting the same question in different places.

What is that diversion program? Can you tell me for example?
Becours I have work mon-fri (8:00am to 5:30PM) some time I have to work Saturday olso.
So if I do the diversion program have to take off from my work place?

In post #6 of this thread, Judy gave you information about Canada's diversion programs. Go back and read it.

Quote:

Originally Posted by ScottGem

In post #6 of this thread, Judy gave you information about Canada's diversion programs. Go back and read it.

So if I need to pay any fine to store? Becours they told me that they going to send mail to my home that later say something amout have to pay.

Again, all this has been discusse4d in previous threads. Canada case law allows a store to impose a fine on shoplifters as a deterrent. So, yes, you may get mail from the store about a fine.