Ask Me Help Desk - Theft under $5000 charge

Quote:

Originally Posted by jesbls22

my fiance and i were caught shop lifting in the RCSS (real canadian superstore). my fiance put perfume, a watch and a pair of sunglasses into his pocket and than we put it into my purse. i did not touch any of the items or put anything into my own purse.

we walked out and we were arrested by the security there. we were caught red handed on video tape so there was no way of getting out of the situation.

the cops than came and we were charged for theft under $5000. i'm 18 with no criminal record at all, not even any speeding tickets, i've never run into the law except now. my fiance has dealt with cops before because the one cop who came to charge us knew my fiance well from other dealings.

my question is: if i say i was forced to put the items in my purse, can i get off without a criminal record (my fiance has agreed to this because he doesn't really care about his record but he cares about mine because i am so young)

You're joking, right? You're going to testify that he FORCED you to put the items in your purse? You are going to lie under oath? Your fiancé thinks this is a good idea? Too bad this is the legal board and not the relationship board and I'm a stickler for the rules.

No one on this board is going to encourage anything which is against the law.

Here's the info you need:

“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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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.”