Hi , I got caught at Zellars by the LP guy .I bought $80 worth of things and forgot to pay for the 2 toys $15(total)which were near my purse and I was chatting away with the sales lady and walked out without paying for them. It was a honest mistake even though I have a history I know no one will believe me. I feel so terrible.
I had got caught in 2008 at superstore for $60 worth of cosmetics , I walked out without paying.And also for switching a 50% discount sticker on a meat product. Since it was my 1st offence, I got diversion and had to write an essay and give a dontion. I learnt from that mistake... I did.
But,I got caught again. Which was not intentional at all... now I have to go again for fingerprinting & the court.
Since its my 2nd offence but it was for $15 worth of things... will I get jail time? Will I get convicted this time?I am so scared. I am a stay at home mom and it took me a awhile to get back to myself the last time this happened.
They have banned me from HBC stores and the mall.
Can I try and get diversion again... is there any possibility to ask for it?
I feel so disgusted... I promise I will stop shopping comepletely.
PLEASE HELP... Judy!!

You can only hope for leniency if you are a stay at home mom. I hope the judge will go easy on you, but Judy, you seem to have a kleptomania problem which gives you a little excitement. I hope none of your children are with you when this happens. That would be more then terrible, absolutely horrendous.

You didn't learn your lesson, so you do have a problem and I think you should seek professional help to assist you.

Tick

Thanks Tick for your reply.
My kids weren't with me... it was be too shameful then.
Can I get another Diversion... given that the amount was $15?
Will they put me in jail? I can't afford a lawyer... will I get a Criminal record for life?
As that would affect me getting a job ever :(.
Please advice and thank you for all your help.

Thanks Tick for your reply.
My kids weren't with me... it was be too shameful then.
Can I get another Diversion... given that the amount was $15?
Will they put me in jail? I can't afford a lawyer... will I get a Criminal record for life?
As that would affect me getting a job ever :(.
Please advice and thank you for all your help.

Thanks Tick for your reply.
My kids weren't with me... it was be too shameful then.
Can I get another Diversion... given that the amount was $15?
Will they put me in jail? I can't afford a lawyer... will I get a Criminal record for life?
As that would affect me getting a job ever :(.
Please advice and thank you for all your help.

You should really get the money together for a lawyer, suecanada because anything can happen now once you have already been through the diversion programme. They will recognize that you may have a problem as a repeat offender.

There is no telling what a judge will hand down, but you are a single mom, so I don't think it will he harsh. Please get a lawyer. I think it will be money well spent. AND THEN... get help under an OHIP plan to get your klepto type activity under control. Either that or get a job; get your kids in school or in daycare. I don't know what your situation is as a single mom but you have to do something. There are so many good programmes out there to access. Get under control for your kids, okay !

Tick

Thank you for all your help & information. I am just so scared & angry with myself. I am just looking for any advice from helpful people. Thank you once again.

You are not eligible for diversion. I don't know why you are calling this your second offense - switching pricetags is shoplifting where I am (with another fancier name), then there's the last time you stole makeup; this time it was toys. That's three.

Under the circumstances I do not think the Court will believe that walking out with unpaid merchandise was a mistake. Perhaps you can convince the Judge it was. My feeling is that the Court will think writing the essay did not teach you a lesson, so to speak, and now the Court will want to make an impression on you.

At any rate I would be EXTREMELY apologetic and sincere. I would not mention how long it took you to get "back to yourself" the last time you were stopped. That's part of the cost of stealing.

I would get an Attorney and I would do it quickly.

Have you been asked to pay restitution to Zellers? If so, have you paid it?

Hi Judy,
I am scared... I am putting everyone through misery.Even my family. I can't believe this happened to me... should I write a apology letter to Zellars and go see the manager? I did buy things for $80 and will go buy the 2 toys I forgot to pay... I didn't steal them. I want to go back and apologies to the store. Will they be able to drop the charges? Please help me. I don't want to get a criminal record.

If the Police are involved Zellers is now out of this. What happens next is up to the Police. I very much doubt the charges will be dropped, not for a third offense.

I would do nothing except hire an Attorney at this point. You can't go back and apologize - you aren't allowed in the store. A letter admitting you stole (or left the store without paying) is not a good idea at this time.

I don't quite understand what happened. You checked out, paid for $80 in merchandise. How did you get the toys out of the store? In your purse, you put them in the Zellers bag, something else?

Thank you Judy for all your help. I paid and was just walking out when the LP called out for me. The 2 toys were next to my purse in the cart and I was in a hurry but at that point I realised I had walked out without paying for them. The cashier lady is known to me , so I was distracted as I was chatting with her. But I should have checked my cart... I wanted to pay at that time, but the LP said its too late. I never meant for this to happen... it was a mistake and given my past I have been very careful... but this time I forgot to check as I was buys talking away.
So you are saying that even though its $15 and I would really like to go to the store still and apologies, it is too late to drop the charges for the store? This happened on Monday.Judy please advise. I am feeling horrible .

When you are stopped for committing a crime you can either be arrested and taken to jail OR you can be given an appearance ticket and told to report for photo and fingerprints. Once the Police are called in it's out of the store's hands. The store cannot "drop" the charges.

If you want to apologize, then do so but I'll be surprised if you aren't stopped by security for trespassing. In most of these cases you are told to stay out of the store for a period and if you enter the store you will be arrested.

So has never anyone been given diversion for the 2nd time? I am so scared & feel awful... it was for $15 and the store LP wanted me to sign the civil court paperwork which I didn't sign but I assume they will send me a fine soon. Should I pay that fine? As I have been reading all sorts of different things about that. Also can I request for divrsion... I don't want a criminal record because that will screw my whole life :(.

It's NOT your second time. It's your THIRD time.

Here is something I wrote - note that there can be NO prior dealings with the Police or else you are NOT eligible for diversion.

“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 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.”

"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"
Agreed you say its my 3rd... it was for $15, will that come in facter? That is what I would like to know... criminal record for $15 :(.
Thanks for all youe help Judy.

You don't qualify - you've had dealings with the Police on another occasion. In your case the dollar amount does not matter.

"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."

Would I get a criminal record for $15 :(... I am so worried.I don't want to mess my whole life up for this. Should I write an apology letter to the store for all this mess. Would that help ib court.Please adice.

Quote:

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Originally Posted by suecanada

Would I get a criminal record for $15 :( ......I am so worried.I dont want to mess my whole life up for this. Should I write an apology letter to the store for all this mess. Would that help ib court.Please adice.

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I think Judy has just about told you all you can expect. You have been banned from Zellers so I don't think writing an apology letter will do you any good. That is common sense. Your record with them is already carved in stone, so to speak.

Get a lawyer.

Tick

I'm not a legal expert, but I have to say, you've gotten the best advice you can get.

No one here knows what the judge will do. The only thing you can do is get a lawyer and hope for the best.

The dollar amount doesn't matter. Stealing is stealing, whether it's for $15 or $1500, it's property that doesn't belong to you. That's what the courts look at.

The fact is, you've done this before and you didn't learn from it. That's a huge factor in all of this. The diversion program is an attempt to knock some sense into you so that you don't do it again. You've been through the diversion program, and sadly, you did it again. You are now a repeat offender. It's unlikely that they'll just let this one slip by.

Whether you apologize to Zellers is up to you, but you're playing with fire. First, apologizing is admitting your guilt. No matter how you spin it, it will be you saying "I'm sorry I stole from you". Also, you can't do it in person unless you really do want to end up in jail. Rules are rules, the law is the law. You can't just do what you want. Zellers banned you from their store, that's not a request, that's a demand.

Get a lawyer. I don't blame you for being scared, but no one can tell you what will happen. Hope for a lenient judge, but get yourself a good lawyer.

Get a lawyer, your lawyer might be able to convince the Crown to offer you the diversion program (the 2nd time), don't give up. Also check the legal.advicescence for criminal lawyers' advices. I wish you will get the diversion again. Good luck