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I need help. I got charged with theft under 5000 dollars. I live in ontario, canada. I'm 15 years old. If I plead guilty and I get a police record until I'm 18 years old, does it lower my chances of getting into university? And do universities even do background checks? Please help !
Well if canadian law is anything like american law any crime committed under the age of 18 is sealed in a juvie record that is only opened if you commit serious crimes as an adult, in other words no back ground check will show anything so it will not hurt your chances of getting into a university(again this is for US law for canadian I would check more).
But for the other part of the question, I would plead no contest(or if that doesn't exist in canadian courts then guilty) as a first time offender that admits his wrong they tend to go lighter on punishment. But if you fight it and they convict(and I'm assuming you stole from a department store or some such that will have video of it) and get convicted the sentence will be a harsher one.
Also to tell you why I say plead guilty/no contest. Your talking to someone who made dumb mistakes as a kid as well I got caught shop lifting twice as a teenager. Not something I'm proud of but all I got was community service for it. On something like the university question I would ask my parents or whatever goes for a guidance councilor at your school who should be able to give you more detail on future problems from your actions.
Thanks darkvision! Did you get a lawyer when you had to go to court? Should I get one ? I don't want my parents to pay 3000 bucks for a lawyer for something stupid that I did though
If your pleading guilty/no contest you don't need a lawyer, only if you are fighting it. And as I'm assuming your admitting your guilt here, and just trying to figure out if its best to do in court I would say yes admit it in court because of the fact that the sentence will be less severe more than likely. As well your parents will think better of you for owning up to your missdeed(that is not to say that they will be happy, but they would be less happy if they spent a couple grand on a lawyer just to have you convicted/lying about your theft the whole time)
Also as an alternative because I was a klepto( I got addicted to the adrenaline rush) find something else that gives you a rush but that is legal. Paintball is a great one, but any sort of semi physical/physical activity that has a chance that you could be mildly hurt will provide that same feeling and be completely legal. Which is a win win situation.
Thanks man I appreciate it. Lol yeah I think I need something else for a rush. I was thinking mma.
How do I sign up for a diversion program or an alternative measures program? Or does the judge just give that to me if I admit my guilt? Because I don't want to pay I fine ill do any amount of community service. I just don't want to make my parents pay
This is where pleading no contest comes in, you get to have your little say. Let the judge know that you would be happy to pay back the community for your transgression, and that you are seeking healthy fulfilling activities to consume your time and that most importantly you don't want others(ie your parents) to pay for your mistakes. Im not saying their arnt judges out their but that will more than likely impress him(but meen it man! Trust me this kind of stuff is not good).
Anyway I did think of suggesting martial arts for a number of reasons but didn't for one so first it, then why you should consider them. The only reason against it is: I can't possibly know if your parents can afford it, because it is expensive. IF they can, then these are some of the benefits(ive taken karate and tae kwon do. It teaches honor, discipline, honesty, responsibility, politeness and any other number of good things that will help you your whole life. As well it gets you in shape and teaches you self defense as a side bonus lol. One thing when searching out a dojo, your teacher(s) should be well grounded people look out for the ones that get into the power it gives over others these are not just bad teachers, but bad people(and why I quit taking tae kwon do).
Quote:
Originally Posted by darkvision
You are giving consistently bad legal advice. This person is in Canada. Here is what I have written about the Canadian diversion program:
“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.”
Firstly I did state that it was for a US court system and that I was not converse with candian law. However speaking from personal experience, not from a lawyers point of view, doing "the right thing" is almost always better than lawyering up or fighting something your obviously guilty on. That's what EVERYONE else does and frankly they hate it. If you show some balls and own up to your mistakes you tend to get a lighter sentence, and it certainly won't be any heavier than what you get with a lawyer in a case like this.Quote:
Originally Posted by JudyKayTee
How many times have you been to court or been in trouble with the law? And how much of its on your record? As far as a TS/SCI background investigation is concerned I've still never even broken a law, because I didn't get stupid and try to lie about my guilt. Ive had 2 moving violations, both of which again are not on my record because I plead no contest on both and was given either community service or told to take a class and it would be expunged.
And let me state one more time quite clearly, this is concerning US law, not canadian. For any reprocutions on his system he should seek additional advice as stated above. However speaking to the human nature side of things owning up to your own mistakes tends to go better for you than running from it. The kid didn't murder someone or commit a major crime that warrants getting a lawyer much of the charges and punishment will therefore be decided by a judge. And that judge is going to look at what kind of person is this kid, to that effect if he gets up their says hey I made a dumb mistake, and as he personally stated that he doesn't want his parents to pay for his mistake that, the judge is going to look favorably on that.
Also one last time for the record, there are A-hole judges that won't give a lick one way or another, but lawyering up to those kind of judges is generally even worse.
Quote:
Originally Posted by darkvision
How many times have I been to Court? Several thousand. How many times have I testified? Several thousand. How many laws have I broken? None. Do I have a criminal record? No. Did I pass a Federal and State background checks? Yes.
This is a law board - the OP asked about CANADIAN law, not US law. That's why answers for anything outside Canadian law are useless to him and clutter up the board. You obviously do not understand Canadian law and obviously did not read the info on the diversion program. For that matter I could have written a dissertation on the law in India - that wouldn't have mattered either.
I think you need to read how the diversion program works before you continue to equate your V&T offenses in the US and his theft in Canada and the under $5,000 charge.
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.”
JudyKayTee I have more questions.
1.how do I get pre screened to be eligible into the diversion program?
2. what are my punishments if I don't get into the diversion program.
... its my first time breaking the law. Do I just admit my guilt in court ?
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