I have a question, About 2 month ago I got caught for Theft Under 5000 as first charge in York Region. I got Diversion with a fine and 3 hour class attendance. I abid by it and went to class and fine court date is March 24th, 2011 and I am told I will have no record of the charges or my fingerprint kept since it will be destroyed with no criminal record. I just got caught a send time few days ago with 2nd Theft Under 5000 as a 2nd charge in Toronto and I was taken to the police station overnight for court next date which got me own bail. I have to appear 22nd of Feb to get my disclosure and from then on trial dates. First I like to say both times I committed these crimes not out of greed and under hard circumstances of necessity for survival and believe you me the one night in a cell made me realize that's not the path I want to go down on. I would like to find out what is the most likely scenario that will play out on the second charge and is there anyway that I can walk away with another diversion as well with no criminal record or charges on my background?

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Originally Posted by skhataee

I would like to find out what is the most likely scenario that will play out on the second charge and is there anyway that I can walk away with another diversion as well with no criminal record or charges on my background?

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Hello s:

Not only will you NOT get diversion this time, your previous diversion very may well be violated... I'd hire a criminal attorney.

excon

I have never had any previous criminal charges or records, and these acts were committed under duress. Will that not have any effect towards these charges and just to be clear both times the Theft amount were under no more than 30 dollars, items for need and not want? Also, I can't afford a lawyer really, what are my options and if I was to hire a lawyer would I have to pay upfront?

First there is a record of you previous "diversion" that the courts will know.

If there was "no record" a person could have a first time chance a dozen times.

So no you will not get another diversion program and as noted, the terms of that diversion may well be violated, and you may lose that also.

You need to tell the Crown that you want and need an attorney at your first appearance.

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Originally Posted by skhataee

these acts were committed under duress. Will that not have any effect towards these charges.... if I was to hire a lawyer would i have to pay upfront?

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Hello again, s:

Duress is when somebody holds a gun to your head and MAKES you steal... Anything less ISN'T duress.

I don't know ANY lawyer who will let you make payments... But, I'll bet SOME will. I'd get on the phone, if I were you.

excon

You are living in a shelter and using a computer at a library?
I'm wondering what does someone in the US or Canada 'need' to steal, when shelters provide basic necessities? Cough medicine or Tylenol? I'm not being sarcastic; I really would like to know.

Thank you. I take care of my family, my mom has a sickness which her immune system is dying, meaning her body is rotting from inside out without being able to take any kind of food or liquid for over 2 years. Doctors do not know what is causing this to come up with a solution. Which means right now she is living based on pills to keep her going. I do not make enough to cover all medicine with no insurance provided at all and believe you me, I am not a lazy person who does not work or has never worked. I work 24/7 yet never enough. I was at my wits end and everything I took was for that purpose and nothing else because I could not buy the medicine. I know it's wrong, but both times I was desperate because I have tried to get help in that sense and borrow money and nobody cares or wants to help in this world and that includes gov help as well. So I took the last option available to me. To you or rest of the world it may not be a life an death or under duress situation, but for me it was. Does that answer you question of what duress is?

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Originally Posted by skhataee

Does that answer you question of what duress is?

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Hello again, s:

I didn't ASK you what duress is.. I TOLD you what duress is, from the LEGAL point of view... If I was your judge, I'd give you a medal... But, YOUR judge probably won't be so sympathetic.

excon

Lol Joy Pulv asked me to explain my situation of why I did it. That was his answer.

Again, not trying to be critical or sarcastic, and often judges don't even wait for an explanation, but it helps to have one. Indigent Canadian citizens get medications in addition to their health care. It is extremely rare for doctors to see someone 'dying from the inside out' and claim they don't have a diagnosis, and what are they prescribing for this? There is no pill that anyone can live on in lieu of food and water for 2 years, and what OTC pill can she take anyway?

(Do you see that this might be listened to with a jaded ear?)

That was incredibly careless of you for doing it a second straight time. Even when your first case was still ongoing. I'm sorry but I think you would be punished as you clearly didn't learn from your first mistake.

Hello j:

If you were looking for people to beat up, THIS is the board to find 'em... But, that isn't what we do here... I see that you're all reddied up. I can understand why.

excon

So what happened? Were you able to get a diversion the 2nd time?