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Hey guys I've been charged with theft over $5000 and I'm still a minor. This is my first offense ever and I am seeking the aid of a lawyer before I say anything. They have released me to my parents and I have a court date early next year.
So my main question is what could happen to me if/when I am found guilty of this charge?
Quote:
Originally Posted by uh_oh21
Canada? Here's what 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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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 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.”
Yes I live in Canada, sorry I forgot to mention I live in Alberta. So is the process any different?Quote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by uh_oh21
It's very similar - let me do some research and back to you (I didn't want to leave you hanging).
I would bet that you will have some sort of community service, a warning - and it appears you've already learned your lesson so you'll put it behind you, learn something and walk on.
But I will verify and post -
Hey guys I've been charged with theft OVER $5000 and I'm still a minor. I live in Alberta Canada. This is my first offense ever and I am seeking the aid of a lawyer before I say anything. Though I did get confronted by the charge's and I did tell them that I did it. The cops took me and then released me to my parents and I have a court date early next year.
So my main question is what could happen to me if/when I am found guilty of this charge? What are the maximum/minimum sentences?. I do know Canada does not really have a max/min sentence; but just asking what is the worst that could happen to me.
Any information would be great.
Quote:
Originally Posted by uh_oh21
You already admitted to the theft?
Your Attorney is better qualified to tell you what the Court climate is, the good news and the bad news. I have posted - on your other thread - info about diversion. People have been charged OVER $5,000 and had it reduced to UNDER $5,000 in order to qualify for the program but that is for your Attorney to arrange.
With no minimum/maximum "law" it's anybody's guess.
Even though I did admit it, will I still be able to do the diversion programQuote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by uh_oh21
If you read what I posted you will see that it's at the discretion of the Crown Attorney IF you get it reduced to under $5,000.
There is no way for anyone but the Crown Attorney to answer this question.
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