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-   -   I shoplifted and I need to know what's Going to happen (https://www.askmehelpdesk.com/showthread.php?t=300553)

  • Jan 7, 2009, 04:04 PM
    HeloIneedHelp
    I shoplifted and I need to know what's going to happen
    Hi I am 16 years old and I stole jeans worth 80 dollars today. I live in Ontario Canada. I've been assigned a figerprint date and a court date. I have a few questions about this and I would appreciate it if you guys could help me out.

    1. What could happen if I go to court and I have no lawyer with me?
    2. What would the judge most likely sentence me to?
    3. What is probation?
    4. How much would I most likely be fined?
  • Jan 7, 2009, 04:07 PM
    450donn

    Get a lawyer.
    No matter what you will need a professional to walk you through this process.
  • Jan 7, 2009, 04:09 PM
    HeloIneedHelp

    If I get a lawyer what can they possibly make me do? Diversion?
  • Jan 7, 2009, 04:38 PM
    HeloIneedHelp
    If your on probation, how often do the police check on you?
    Any ideas? This is involving theft probation (16yrs old)
  • Jan 7, 2009, 04:40 PM
    Fr_Chuck

    You will have a regular time to see your probation officer normally,

    The probation officer may do some checks.

    Now for the police, they will have you in mind as a suspect in the future when a similar crime happens and you are around
  • Jan 7, 2009, 04:46 PM
    HeloIneedHelp

    How often do they check though? Every month/ week?
  • Jan 7, 2009, 04:57 PM
    HeloIneedHelp
    What is legal aid?
    Explain ?
  • Jan 7, 2009, 05:09 PM
    ScottGem

    Lawyers provided for free to someone unable to afford it.
  • Jan 8, 2009, 05:13 AM
    JudyKayTee
    Quote:

    Originally Posted by 450donn View Post
    Get a lawyer.
    No matter what you will need a professional to walk you through this process.



    This is not true in Canada. Not saying it's not a good idea to retain an Attorney but it is not necessary. Here is something I wrote and post frequently:

    “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.”

    All of your threads should be combined - they provide additional information.
  • Jan 10, 2009, 01:45 PM
    HeloIneedHelp

    k thanks for the info but I still need one more question to be answered.

    -If I do not get a lawyer, is it 100% that I will get a legal aid, and will they be as good as a paying lawyer?

    Thanks in advance =D!
  • Jan 10, 2009, 04:35 PM
    ScottGem
    Quote:

    Originally Posted by HeloIneedHelp View Post
    k thanks for the info but i still need one more question to be answered.

    -If i do not get a lawyer, is it 100% that i will get a legal aid, and will they be as good as a paying lawyer?

    Thanks in advance =D!

    Read what Judy said. All you need is to ask for a diversion when you first go to court.
  • Jan 10, 2009, 05:45 PM
    JudyKayTee
    Quote:

    Originally Posted by HeloIneedHelp View Post
    k thanks for the info but i still need one more question to be answered.

    -If i do not get a lawyer, is it 100% that i will get a legal aid, and will they be as good as a paying lawyer?

    Thanks in advance =D!


    You don't NEED an Attorney so one will "probably" not be apponted. If you re-read the info I believe that's clear toward the end of the information.
  • Jan 11, 2009, 04:47 PM
    katgrove
    You need to get a lawyer. Do not show up in court without a lawyer or else it will be the biggest mistake in your life.
    They will probably give you community service and make you pay restitution.
    I am on probation, and it is basically yo checking in with the probation officer so they can drug test you and see if you are alive. Probation is a privilege though instead of a harsher sentence.
  • Jan 11, 2009, 05:44 PM
    JudyKayTee
    Quote:

    Originally Posted by katgrove View Post
    you need to get a lawyer. do not show up in court without a lawyer or else it will be the biggest mistake in your life.
    they will probably give you community service and make you pay restitution.
    i am on probation, and it is basically yo checking in with the probation officer so they can drug test you and see if you are alive. probation is a privilege tho instead of a harsher sentence.


    Again - the OP is in Canada. You are not. Your advice is both incorrect and misleading.

    Read the info on diversion.
  • Jan 11, 2009, 07:02 PM
    ztealth
    Legal aid only provides you with advice, which in this case is sufficient.
    You will probably be diverted to do community services or other tasks.
    Since you are a young offender, this is most likely going to happen.
    Just don't do it again

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