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Yesterday I was charged for shoplifting,
The items were a pair of jeans and a shirt,
This is my second offence, first time was 15 dollars from the cash machine, but I wasn't charged..
Can someone tell me what will happen next?
What is the max penalty I can get from the judge,
I'm 15
And what does it mean by sealing the record when I'm 18
GOD IM STUPID
Quote:
Originally Posted by frankcai
Please don't keep posting the same question. Already answered.
Toronto canada,
Sorry, I need to know urgently
Quote:
Originally Posted by frankcai
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 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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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 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.”
O so its not that serious?
I'm in YRPD
York reigional police
Quote:
Originally Posted by frankcai
It's serious in that you were stealing, you got caught.
It's not serious in the sense that Ontario will probably/possibly give you another chance.
OK
I have already recognized my issue,
And I believe that I will change taking the punishment seriously,
But can someone please inform me about the sealing of the case:?
Because I want to become an accountant,and I dunt want this to ruin my career
Quote:
Originally Posted by frankcai
If you read what I posted again you will see if you qualify and meet the conditions there IS no record and there is nothing to seal.
The problem may be that this is your second offense - and so you may not qualify for diversion. Until the matter is disposed of and you know what the charges are it is almost impossible to tell you if it can be "sealed."
You can still become an accountant, just not an accountant in an "area" which requires licensing. Professional liability insurance may also be an issue. But opening up an office as an accountant or working for someone who is OK with your background won't be a problem.
Does it matter if I wasn't charged for the first offence?
And I need a license to become an accountant
Quote:
Originally Posted by frankcai
If that first offense is in the Police records, it will matter. Just because you weren't charged doesn't mean there isn't a record.
If you need a license to be an accountant I certainly would not go to Court without an Attorney. This type of theft offense is not going to look good on a license application so you have to take appropriate care with the charges now.
So,when I apply for school
And I need to present the no criminal record from the police,
After im18 and the case is sealed.
Will the form be clear?
Or it will show
This is the exact question I have with diversion. I'm confused, I've been given a 'stay' , or 'expungement' what does this mean? Diversion is set up so you walk away with no record, but does a 'stay' or 'exp' mean SOMETHING will show up on a search, or can show up on more indepth searches. I called the elizabeth fry society where I did my diversion, and the woman said no one can see anything except police and I asked her I know there's 3rd party firms employers sometimes get to go indepth, and she said nope, they can't see anything. I'm so confused, anyone know?Quote:
Originally Posted by frankcai
Quote:
Originally Posted by joker123
A legal stay suspends the proceeding until certain conditions are met. It is not the end of the proceeding. There are stays until ALL the conditions of the sentence are met; there are stays until witnesses can be located.
Expungement is the destroying or hiding of a criminal charge or conviction.
These are very different terms - you were either given a stay (in which case the charge can be reopened if you do not comply) OR an expungement after you meet all of the conditions, not both.
This should be moved to the original thread and not piggybacked - it's the same question.
I believe I was given a 'stay', but what conditions must be met? I completed the diversion, and now I've thought about it and I believe the crown said on my last court date that charges will be withdrawn or something, I can't remember, she dismissed us in literally 10 secs. I believe charges were stayed until I did my diversion, which I did, in which case they were withdrawn I believe. What does this mean, and if they were 'stayed', what does this mean? That if I do a crim record search something will come up?Quote:
Originally Posted by JudyKayTee
Will my record be destroyed when I turn 18?
Not necessarily. Your record may be closed before you are 18, stay open after you turn 18, or even become an adult record – which is permanent. How soon your record will be destroyed depends on the sentence, how serious the crime is, and whether you commit another crime while your record is still open. The period during which a record is open is called the access period.
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First of all, you're lucky your 15 and you're lucky you committed this offense in Canada. Regardless of whether you qualify for an extrajudicial sanction program, your youth record will be sealed if you refrain from re-offending. This should be a summary offense which should stay on record for 3 years (by the age of 18). Just stay out of trouble man. By the time you're successfully done school and ready to start your career, you're record won't be a nuisance.
I'm 20 and my youth records will be permanently sealed (unless I reoffend which I certainly will not do) when I turn 22. I can't wait until that day.
This is my second offence
What's the worst that can happen to me,
And how will this effect me going to school
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