Ask Me Help Desk - Theft under 5000

I am first time offender in Canada Ontario, here is what happened.
The other day at work I thought was a good idea to switch the price tags on some items, so I went to pay for them and a woman approached me and brought me into a room with another woman where they then proceeded to interrogate me, calming they have it all on video, I filled out a forum stating that I can not enter the store or any store affiliated with it for the duration of 1 year.

They took the item from me (which was about a difference in $20 of the price tag swap) gave me my money back that I had paid for it (stating that they could re sell the item) about that time a police officer came and took me to the station where he then took my picture and finger prints and gave me a forum listing my crime and court date, they released me on a promise to be good until said court date.

What is going to happen?

Quote:

Originally Posted by firstToffender

I am first time offender in Canada Ontario, here is what happened.
The other day at work I thought was a good idea to switch the price tags on some items, so I went to pay for them and a woman approached me and brought me into a room with another woman where they then proceeded to interrogate me, calming they have it all on video, I filled out a forum stating that I can not enter the store or any store affiliated with it for the duration of 1 year.

They took the item from me (which was about a difference in $20 of the price tag swap) gave me my money back that I had payed for it (stating that they could re sell the item) about that time a police officer came and took me to the station where he then took my picture and finger prints and gave me a forum listing my crime and court date, they released me on a promise to be good until said court date.

What is going to happen?

You are going to be arraigned and charged with shoplifting under $5,000. The Diversion Program is somewhat similar throughout the Provinces. Here it is for Ontario:

“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 guess that just about sums it up.
I show up in court on the 14th of January, ask to see duty council and request for a Diversion Program, which is what I am hoping for.
I don't want to have a record at this age (19) it would pretty much make it impossible to find a new place of employment with that shadowing behind me, I know it was stupid and petty, this is the best I can hope for.

What about breach of trust? Does this play a part in this at all because don't I have to sigh documents before getting hired stating that I will not steel of my place of employment? Or does that matter in this Diversion Program you're talking about?

Quote:

Originally Posted by firstToffender

I guess that just about sums it up.
I show up in court on the 14th of January, ask to see duty council and request for a Diversion Program, which is what I am hoping for.
I don't want to have a record at this age (19) it would pretty much make it impossible to find a new place of employment with that shadowing behind me, I know it was stupid and petty, this is the best I can hope for.

What about breach of trust? does this play a part in this at all because don't I have to sigh documents before getting hired stating that I will not steel of my place of employment? or does that matter in this Diversion Program you're talking about?

Other people have posted that they did not qualify for diversion when the charge was theft from an employer - apparently it's a different "category" than shoplifting or petty theft. You will have to see how it plays out?

And you're kidding, right? You think if you don't sign an Agreement NOT to steal from your employer, it's OK to do so?

As Judy said, theft from employer is viewed much differently in Ontario and there is less chance of getting into the diversion program however you won't know until you go to court for the first time. You may be lucky and get the program however theft from employer is as you said a breach of trust and is treated harsher than if you steal for the first time from a store that you don't work at.

Quote:

Originally Posted by JudyKayTee

Other people have posted that they did not qualify for diversion when the charge was theft from an employer - apparently it's a different "category" than shoplifting or petty theft. You will have to see how it plays out?

And you're kidding, right? You think if you don't sign an Agreement NOT to steal from your employer, it's OK to do so?

Where did I say I thought it was OK to steel from my employer? I merely stated that I had to sigh papers before getting hired that read I will NOT steel from "said place" and I was wounding if that would have any effect on the out come of the Diversion Program, because it was a "breach of trust"

Don't accuse me of thinking something until you have read my post and understood what was said, I am very ashamed of what I did and I regret it very much, I mad a mistake and now I am paying for it.

Is there any thing I can do pre-court date that would help?

There is not much you can do before you see how the crown is proceeding and that you will know at the first court date when they hand you the disclosure package which is all their evidence and how they will be proceeding with regard to the sentence etc...
You can see then if they are agreeable to diversion and if not I would then get a lawyer involved.

Quote:

Originally Posted by firstToffender

Where did I say I thought it was ok to steel from my employer? I merely stated that I had to sigh papers before getting hired that read I will NOT steel from "said place" and I was wounding if that would have any effect on the out come of the Diversion Program, because it was a "breach of trust"

Don't accuse me of thinking something until you have read my post and understood what was said, I am very ashamed of what I did and I regret it very much, I mad a mistake and now I am paying for it.

Is there any thing I can do pre-court date that would help?

You never said you signed papers. You asked a question: "What about breach of trust? does this play a part in this at all because don't I have to sigh documents before getting hired stating that I will not steel of my place of employment?" That's what I answered. I have no way of knowing if you did or didn't sign "papers" concerning stealing from your employer. I took the question as "Don't I have to - " not as "I did - "

Yes, pre-Court you can retain an Attorney. Read the info on diversion - people are not pre-screened for the diversion program. You go into Court and see how it plays out, if the Crown Attorney will consent. Diversion does not address theft from an employer so there is no way of knowing what the Crown Attorney will recommend.

So it's likely that I will not receive this program I don't know if I can offered an attorney, and I know I don't qualify for legal aid, do you think I will be facing jail time? I really don't know how this going to play out.

I was reading through my paper work and noticed that it says Fraud-under 5000, the police officer and such told me theft under 5000, dose this make a difference?

Quote:

Originally Posted by firstToffender

I was reading through my paper work and noticed that it says Fraud-under 5000, the police officer and such told me theft under 5000, dose this make a difference?

The diversion program is for theft under $5,000. I do not believe it extends to theft over $5,000.

You posted under so, no, it doesn't change the advice anyone has given you.

The problem isn't going to be the dollar amount. It's going to be theft from an employer.

Quote:

Originally Posted by firstToffender

So it's likely that I will not receive this program I don't know if I can offered an attorney, and I know I don't qualify for legal aid, do you think I will be facing jail time? I really don't know how this going to play out.

At this point no one knows. Your employer will have some input but no one but the Judge and Crown Attorney know how this will play out.

Do I personally think you will get jail time? A fine, very probably. A lecture, you bet. But, no. I don't think jail time. That's not based on any law. I just don't think you will - but I can't make any promises. All the Court system wants you to do is learn a lesson and not steal again and they will take a look at the entire situation and see how to accomplish this.

I don't think you are facing jail time, if you don't get diversion (since it is an employer issue) I think you will get a discharge.

I just received a letter stating that I should/have to pay $1447.50 to the company that I was employed at I have been reading around and most people say that I don't have to pay this, I can not afford this what do you think is my best case of action?