First of all, I want to mention that I have reviewed plenty of the threads here where people have had similar situations to me, and would like to thank those who had periodically provided answers.

I just recently got myself into a horrible situation where I was charged with theft under 5000 for stealing from my employer. I've done stupid things throughout my life but never THIS stupid. 19 and turning 20 soon, I know I'm an adult in the eyes of law, but this is my first offence. Have signed an agreement to pay the company back around $500, but my first court appearance is not until early next year. I admit that if I had not been caught, I probably would have continued stealing so I consider this charge as a lesson for me. I'm often ashamed of myself that I'm a student of a reputable university and yet still a thief. Stealing? Never again.

Could I ask for diversion on my first court appearance when I get the particulars from the Crown Counsel? Do I have a chance?

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Originally Posted by sammie88

Could I ask for diversion on my first court appearance when I get the particulars from the Crown Counsel? Do I have a chance?

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Hello s:

Sounds like you're in Canada. If so, you've got a GOOD chance.. You're changes will be BETTER if you had a good lawyer with you.

excon

You have a better chance for a diversion in Canada for this than you would in the US.

Most of my advice is too late now, since you already confessed, already signed papers admitting and more.
Most of a legal case is making them prove it happened. Which is actually harder than one thinks at times.

Now you have nothing to bargain with for a plea deal, and have to just hope and pray on the kindness of the court.

Many thanks for the quick replies, sirs.

To Fr_Chuck: If that is so, then I believe I was wrong in always having the misconception that diversion was harder to attain in Canada? Seeing as I hear Judges are very 'hardline' about employee theft. In any case, thank you for the good words, I will dress my best for court and speak to Crown Counsel in hopes that they will understand.

To excon: Thank you for the helpful advice. The problem is that it's unlikely I will be able to afford a good lawyer. I also might not qualify for legal aid seeing as the criteria for legal aid requires the applicant to be facing jail terms. Would it be an extremely bad idea to represent myself if I had to in the end, or should I keep sniffing around for an affordable/free lawyer?

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Originally Posted by sammie88

Would it be an extremely bad idea to represent myself if I had to in the end, or should I keep sniffing around for an affordable/free lawyer?

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Hello again, s:

I couldn't say... But, you're going to have a judge AND a prosecutor involved in your case.. The prosecutor is going to tell the judge that you're a very bad person and you should go to jail for the maximum the law allows. That's his JOB. He's NOT your buddy.

Then there's you, explaining to the judge how wonderful you are. If you're GOOD at that, and/or you think you can negotiate a plea bargain that includes diversion, then I'd say go ahead.

excon

To excon: All right, thank you again. The thought of representing myself is horrifying now that you've given me the scenario, so I'm going to see what I can do.

If you don't mind me asking just one more thing, though: I've seen a case of at least two people who have actually gotten quite lucky; same situation as me, one of them stole a sum way higher, yet because they paid the restitution before a due date, charges against them were dropped. I understand this is rare, I might not be as lucky as the aforementioned people, and that you might not know a whole lot about chances for this if you're from the US and this is Canadian laws I'm being persecuted by. Any thoughts on this?

Canada is a lot harder on employee theft than "stranger" thefts. I wouldn't attempt to resolve this without an Attorney.

Here's something I wrote about the Canadian diversion program - it pertains specifically to Ontario but the various Provinces are basically the same:

“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.”

Hello again, s:

We already KNOW you're guilty, so this isn't about the law. It's about your ability to sway a judge.. The better you look and the more contrite you appear, the better it SHOULD be for you.

Having paid them off is showing contrition.

excon

To JudyKayTee: Thanks very much for the information on diversion that you provided. It gives me a much better understanding, seeing as I checked British Columbian law website for info on this and they made applying and actually qualifying for it sound way TOO easy. So thank you for this help. I know this question seems a little... 'out of question' to ask, but would you possibly have any advice for how I can talk to Crown Counsel about diversion? I know I must write an application letter stating why I think I'm qualified for it, but I'm not very good with verbal words and might clam up from nervousness when talking to Crown Counsel.

To excon: Good call. Will do my best to repay all the money in time. How do I prove I repaid them; by getting a receipt or something? The problem is that the money I repay must be sent all the way to Ontario where my employer business HQ is, so am I supposed to work something out by... Asking them to mail me a receipt or something like that? (It doesn't seem very time-efficient at all.)

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Originally Posted by sammie88

Asking them to mail me a receipt or something like that? (It doesn't seem very time-efficient at all.)

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Hello again, s:

Open a checking account or use a money order.

excon

Thanks to excon, Fr_Chuck, and JudyKayTee for the helpful advice. I will probably return to this thread around late January to post my situation so that others can have an idea of the turnout.

That would be great! In the meantime, hang around and answer some questions -

Hello, just returning to update this thread a bit as I had said I would update my situation. After having appeared in court a week or so ago, I spoke to duty counsel at the courtroom who immediately recommended I apply for alternative measures (diversion).

I found it somewhat strange when I asked him, "What about the aggravating factor? I stole from my employer." when he instructed me on how to fill out the diversion application, but he simply told me not to highlight that fact, and to express my remorse. I did that to the best of my abilities.

When my case was called, I received my 'particulars' (a darn big package if you ask me) from the Crown; in exchange I gave her my diversion application. She said she had enough time to read it through that day, although the Judge (or Justice of the Peace?) present in the courtroom ordered me to return in about tw weeks' time.

I am a bit confused as to what my situation is right now, but I guess considerations are being made for diversion? I looked through my particulars and was somewhat distressed to find that the Crown did not name a potential sentence in the Initial Sentencing Position seeing as she wrote she was still seeking some kind of investigation report because the crime involved internal theft.

By the way, I have made restitution in full and mentioned it in my application. Back in court next Monday.

Hello all,

I finally have some positive news. After a third "first" court appearance, Crown Counsel has final decided to refer me to diversion. This is simply because she had been awaiting for more information on the crime from the police whom she hadn't heard back from; also, it is partly because I have repaid restitution, admitted guilt and expressed my regret in the diversion application.

I am currently waiting for the probation offices to contact me for an interview. May return to update more about the outcome.