Hello, I am 19 and live in alberta canada. Recently I was charged "by my employer" with theft under 5000 dollars, I stole 3 movies and 5 video games for a total not exceeding $450(irrelevent?), this is my first AND LAST offence.

I have come to understand quite a bit about this charge and how things will proceed henceforth but I am still horribly woried and resentful. Here are my questions:

1) I was a customer srevice / sales associate, NOT a cashier and NOT a backroom worker. Was mine a "position of trust" as I know such would increase the severity of my charge.

2) What is the likelihood of the court/crown to put me into a diversion program, known here as an "Alternative measures program"

3) Would the court/crown attack me, make an example of me or otherwise see fit to put me in jail.

p.s. this may be a repeat but the site could not find my previously submitted question

If you were a customer what I have heard many say is that the Crown will make you take Diversions/Alternative program which is basically watching movies and listening to them talk about how much it costs a store when things are stolen. Then you go back to the Crown and show that you have taken the class(es) and pay any fines. If you keep clean for x amount of years you can go back and ask that your record be expunged or sealed.
I am not sure if it is more serious since you were an employee in the position you were in.

As per the answer above if you were a customer only then yes diversion would be the most likely result however theft from employer is viewed much harsher in Canada and the chance of the diversion program in not as great however depending on the circumstances there is always a chance. If not try and get a discharge instead which is more likely. I would think jail is highly unlikely if this is the only charge.

Expect the worst but hope for the best.
You have to get a lawyer if you want a chance for diversion.
Since you don't have previous record, there is still hope that you will
Get a diversion, which will spare you from ruining your career.
The fact that you were stealing from your employee doesn't help you as
Supposed to shoplifting theft. Your position of trust is broken and it is
viewed as a serious manner in Canadian courts. However, a lawyer can
Always change the judge's mind and you might ended up being diverted after all.


+ You have no previous records

- You were in a position of trust.

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Originally Posted by 101newbie101

Hello, i am 19 and live in alberta canada. Recently i was charged "by my employer" with theft under 5000 dollars, i stole 3 movies and 5 video games for a total not exceeding $450(irrelevent?), this is my first AND LAST offence.

I have come to understand quite a bit about this charge and how things will proceed henceforth but i am still horribly woried and resentful. here are my questions:

1) I was a customer srevice / sales associate, NOT a cashier and NOT a backroom worker. was mine a "position of trust" as i know such would increase the severity of my charge.

2) What is the likelyhood of the court/crown to put me into a diversion program, known here as an "Alternative measures program"

3) Would the court/crown attack me, make an example of me or otherwise see fit to put me in jail.

p.s. this may be a repeat but the site could not find my previously submitted question

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I live in the same province and I'm in basically the same situation. I stole some dvd's from the store I worked at. They have now been returned. They were un-opened. Once I got them home, I realized I had made a terrible mistake.

I have never gotten into any kind of legal trouble before this.

My first court date is in a couple weeks and I'm very worried that I won't be diverted to the Alternative Measures Program. The loss prevention guys at the store thought this would be the likely outcome. It took a long time before I was called in to the police station to give a statement. And quite a while before the RCMP constable notified me that he would have to charge me. He said he didn't want to, but that he had been overruled by his boss since I was in that "position of trust". Maybe he made that up to make me feel better though? When the same RCMP constable served me my papers, I asked him what I should do in court and he told me to explain my situation to duty counsel. He did say he would mention in his report that the dvd's had been returned and that I had been very co-operative.

I had pretty much decided not to get a lawyer, but I'm getting more and more concerned. I can't stop worrying that my life is about to be permanently ruined. Hopefully I still have enough time to hire a lawyer. I do have savings I can use.

My mother had breast cancer when this initially occurred. It did influence my decision to take those dvd's. I wasn't myself. Because of the breast cancer and the stress my family was under at the time (it looks like she will be fine after all), I decided to keep getting fired and charged a secret from them. That has not been easy since thye are my support system.

I am so, so scared. Registering and typing this out has helped me feel better though.

I will let you know what happens to me, 101newbie101.

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Originally Posted by lanegan

I live in the same province and I'm in basically the same situation. I stole some dvd's from the store I worked at. They have now been returned. They were un-opened. Once I got them home, I realized I had made a terrible mistake.

I have never gotten into any kind of legal trouble before this.

My first court date is in a couple weeks and I'm very worried that I won't be diverted to the Alternative Measures Program. The loss prevention guys at the store thought this would be the likely outcome. It took a long time before I was called in to the police station to give a statement. And quite a while before the RCMP constable notified me that he would have to charge me. He said he didn't want to, but that he had been overruled by his boss since I was in that "position of trust". Maybe he made that up to make me feel better though? When the same RCMP constable served me my papers, I asked him what I should do in court and he told me to explain my situation to duty counsel. He did say he would mention in his report that the dvd's had been returned and that I had been very co-operative.

I had pretty much decided not to get a lawyer, but I'm getting more and more concerned. I can't stop worrying that my life is about to be permanently ruined. Hopefully I still have enough time to hire a lawyer. I do have savings I can use.

My mother had breast cancer when this initially occurred. It did influence my decision to take those dvd's. I wasn't myself. Because of the breast cancer and the stress my family was under at the time (it looks like she will be fine after all), I decided to keep getting fired and charged a secret from them. That has not been easy since thye are my support system.

I am so, so scared. Registering and typing this out has helped me feel better though.

I will let you know what happens to me, 101newbie101.

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Don't stress on it too much but you have to consult a lawyer as soon as possible, because you might not qualified for the diversion program.
Like I mentioned before, a lawyer can change the judge's mind. Because you have no previous record and all the stress you are going through in your life, you might be sentenced with more leniency.If they grant you diversion, which I am guessing is likely, once you finish all their conditions , your record will be cleaned, and in a year or so, the Police will wipe off your records from their computers as well. So you will be good to find a job and resume your normal life; however, you will not get another chance if you break the law again. I can guarantee you won't be getting any jail time. If at first, you aren't granted diversion, then a lawyer could change their minds. In the worst case scenario, without diversion, you could face probation a hefty fine, and both might be on your criminal permanent record, but my guess is that it will unlikely happen. Good Luck and Stay in Touch. Remember to contact a lawyer or a legal aid. Everyone makes mistakes, just don't do it again.

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Originally Posted by ztealth

Don't stress on it too much but you have to consult a lawyer as soon as possible, because you might not qualified for the diversion program.
Like I mentioned before, a lawyer can change the judge's mind. Because you have no previous record and all the stress you are going through in your life, you might be sentenced with more leniency.If they grant you diversion, which I am guessing is likely, once you finish all their conditions , your record will be cleaned, and in a year or so, the Police will wipe off your records from their computers as well. So you will be good to find a job and resume your normal life; however, you will not get another chance if you break the law again. I can guarantee you won't be getting any jail time. If at first, you aren't granted diversion, then a lawyer could change their minds. In the worst case scenario, without diversion, you could face probation a hefty fine, and both might be on your criminal permanent record, but my guess is that it will unlikely happen. Good Luck and Stay in Touch. Remember to contact a lawyer or a legal aid. Everyone makes mistakes, just don't do it again.

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You're right, I need to get a lawyer. I haven't taken this as seriously as I should have. Perhaps I've been too optimisitc.

And thank you for your kind words.

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Originally Posted by ztealth

Don't stress on it too much but you have to consult a lawyer as soon as possible, because you might not qualified for the diversion program.
Like I mentioned before, a lawyer can change the judge's mind. Because you have no previous record and all the stress you are going through in your life, you might be sentenced with more leniency.If they grant you diversion, which I am guessing is likely, once you finish all their conditions , your record will be cleaned, and in a year or so, the Police will wipe off your records from their computers as well. So you will be good to find a job and resume your normal life; however, you will not get another chance if you break the law again. I can guarantee you won't be getting any jail time. If at first, you aren't granted diversion, then a lawyer could change their minds. In the worst case scenario, without diversion, you could face probation a hefty fine, and both might be on your criminal permanent record, but my guess is that it will unlikely happen. Good Luck and Stay in Touch. Remember to contact a lawyer or a legal aid. Everyone makes mistakes, just don't do it again.

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Others have posted that diversion is NOT considered or granted if it's theft from an employer.

I don't think stress caused by worrying about the crime is a factor at sentencing. That's like murdering your parents and asking for leniency because you're an orphan.

I agree that there will be no jail time.

They will take into consideration that you were in a position of trust.. this is not good! Argue your case that it was under 500 dollars.. I am in a similar situation. I stole a credit card so that is even worse! I was sentenced to restitution, 12 hours community service, and 6 months unsupervised probation. So you will get a lesser sentence than mine-probably restitution and community service

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Originally Posted by katgrove

they will take into consideration that you were in a position of trust..this is not good! argue your case that it was under 500 dollars.. i am in a similar situation. I stole a credit card so that is even worse! I was sentenced to restitution, 12 hours community service, and 6 months unsupervised probation. so you will get a lesser sentence than mine-probably restitution and community service

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From what I can read you are in the US - not in Canada. Canada is a whole different scenario.

The best hope for the OP is diversion.

What are you talking about I am totally in Canada I think I would know

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Originally Posted by 101newbie101

what are you talking about i am totally in Canada i think i would know

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Who are you addressing?

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Originally Posted by 101newbie101

1) I was a customer srevice / sales associate, NOT a cashier and NOT a backroom worker. was mine a "position of trust" as i know such would increase the severity of my charge.

2) What is the likelyhood of the court/crown to put me into a diversion program, known here as an "Alternative measures program"

3) Would the court/crown attack me, make an example of me or otherwise see fit to put me in jail.

p.s. this may be a repeat but the site could not find my previously submitted question

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I found a lawyer to represent me last week. I'm much less worried now.

Here are some answers to your questions based on my talk with my lawyer.

1) Any employee is in a position of trust.

2) My lawyer said he could pretty much guarantee that I wouldn't get diverted to the Alternative Measures program.

3) I don't they will be looking to make an example of you and you won't wind up in jail. My lawyer said he would be seeking a conditional discharge and that he thinks my chances of receiving one are very good since this is my first offence, it's a relatively minor offence, I have been very honest and co-operative, I'm remorseful and the dvd's were returned.

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Originally Posted by JudyKayTee

I don't think stress caused by worrying about the crime is a factor at sentencing. That's like murdering your parents and asking for leniency because you're an orphan.

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I think he meant that the stress from my mother's breast cancer might have been acknowledged as playing a part in my behaviour.

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Originally Posted by JudyKayTee

Who are you addressing?

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I think he was addressing you, but that he didn't realize you were addressing katgrove.

My first court appearance is next week. I'll post an update for you then, 101newbie101, and anyone else who is interested.

One thing that bothered me while reading other threads to find out what I could about my situation is that often people didn't bother to mention how things turned out for them.

I agree with what your lawyer has proposed will happen. I know someone in almost the same situation and that is what they received a conditional discharge. I am still a little unclear on what a conditional discharge is however I believe it is that you will have no criminal record but maybe a policy record since there has been a arrest. Is that your understanding as well and yes please do let us know what happens as this is the best way to see what happens and to get advice. Good Luck.

As expected, I didn't get diverted to the Alternative Measures program. I'm still waiting to hear from my lawyer whether the application for a conditional discharge was accepted by the Crown. If it isn't we will try with the judge.

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Originally Posted by emery

I agree with what your lawyer has proposed will happen. I know someone in almost the exact same situation and that is what they received a conditional discharge. I am still a little unclear on what a conditional discharge is however I believe it is that you will have no criminal record but maybe a policy record since there has been a arrest. Is that your understanding as well and yes please do let us know what happens as this is the best way to see what happens and to get advice. Good Luck.

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Yeah, from what I've heard the RCMP keeps a record of every contact they have with a person, just in case. But this is just between the citizen and them and what they know about you is available to you if the person is interested.

Thanks so much for keeping us posted. Good Luck with getting the conditional discharge and once again let us know what happens.