Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Stupid night of breaking in cars (https://www.askmehelpdesk.com/showthread.php?t=380190)

  • Jul 26, 2009, 07:23 PM
    cooldude7
    Stupid night of breaking in cars
    Hello,
    I have recently been arrested along with a friend of mine for theft under 5000, possession of stolen property under 5000 and trespassing at night. We were going through cars and taking things during a stupid night after drinking a bit. We are both 15 and we fully understand what we did and how dumb and wrong our decision was. I have never been charged or been in trouble by the police before. After being arrested I have a promise to appear in court where my sentence will be dealt, and I was wondering what could the consequences be or if I can go about having a youth diversion. I really don't want to have a criminal record. I have mostly 80s in all my university bound courses and I don't want to ruin my future because of this stupid night. If anyone can help with my situation it would be greatly appreciated:)
    Much thanks,
    Chris
  • Jul 26, 2009, 07:28 PM
    cooldude7

    This was in ontario, and all the stolen property were retrieved by the police.
  • Jul 28, 2009, 07:42 AM
    jade__xox
    You most likely won't get a record
  • Jul 28, 2009, 07:42 AM
    jade__xox
    You most likely won't get a record
  • Jul 28, 2009, 06:37 PM
    ceilingtile
    If this is the first time you will proabably be eligible for diversion
  • Jul 31, 2009, 01:01 PM
    cooldude7
    Thanks for that, I'm looking at using the duty council at the court date can someone explain what I can do? I have no idea what's going to happen.
    Thank you
  • Jul 31, 2009, 02:46 PM
    JudyKayTee

    Your crime was compounded by drinking alcohol under age so this might not apply to you.

    Here is something I wrote:

    “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 Court 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 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.”
  • Aug 5, 2009, 10:34 AM
    nikcht

    Hey cool dude, let me know what happens, cause the same thing happened to me

  • All times are GMT -7. The time now is 12:28 PM.