Ask Me Help Desk - Theft Over $5000

Hi
My husband is charged with theft over $5000
Long story short... he was in a previous relationship with a woman for 15 years. They had a house together. He built it... all of it.
In the beginning the property was in both their names but he lost his job , they had to re-mortgage and then the property was in her name only.
she move out of provence and they had an agreement signed where he lived in the house and paid the mortgage, insurance, utilitied etc. 6 months later She decided she was going to sell the house.
She gave my husband 2 months to get out.
They had a separation agreement where house items were listed.
My husband took what was his but also took 3 items, valued over $500, which he had bought.
Now she has him charged with theft. He bought the items so felt he was entitled to them. Neither of them have receipts for the items.
He was questioned by police and admitted taking them as he felt they were his,
First she said if he returned them she wouldn't press charges. He returned them but she still pressed charges.
He has a lawyer and she is thinking of filing a charter as sshe feels the police were working under his Ex's instrutions and not the law.

I have a few questions

How much will this charter cost?
What kind of time frame are we talking about? The court date is set for July 22nd
Will the charter slow down proceedings/
If my husband is found guilty, will he go to jail?

Thank you all in advance

Quote:

Originally Posted by Cathy009

Hi
My husband is charged with theft over $5000
Long story short.............he was in a previous relationship with a woman for 15 years. They had a house together. He built it......all of it.
In the beginning the property was in both their names but he lost his job , they had to re-mortgage and then the property was in her name only.
she move out of provence and they had an agreement signed where he lived in the house and paid the mortgage, insurance, utilitied etc. 6 months later She decided she was going to sell the house.
She gave my husband 2 months to get out.
They had a separation agreement where house items were listed.
My husband took what was his but also took 3 items, valued over $500, which he had bought.
Now she has him charged with theft. He bought the items so felt he was entitled to them. Neither of them have receipts for the items.
He was questioned by police and admitted taking them as he felt they were his,.
First she said if he returned them she wouldnt press charges. He returned them but she still pressed charges.
He has a lawyer and she is thinking of filing a charter as sshe feels the police were working under his Ex's instrutions and not the law.

i have a few questions

How much will this charter cost?
What kind of time frame are we talking about? The court date is set for July 22nd
Will the charter slow down proceedings/
If my husband is found guilty, will he go to jail?

Thank you all in advance

You appear to be in Canada. I don't know what you mean by "filing a charter." Can you explain that term?

She isn't pressing charges. She's a witness. The DA is pressing charges - or whatever that office is called where you live.

Apparently they had an agreement and he took more than was listed in the agreement. Yes, that's theft.

I doubt he'll go to jail. Will he have to make restitution? Possibly. Will he now have a criminal record? Yes, if the charges aren't dismissed.

He has a lawyer - that's the person most familiar with the case and in the best position to give advice.

Quote:

Originally Posted by JudyKayTee

You appear to be in Canada. I don't know what you mean by "filing a charter." Can you explain that term?

She isn't pressing charges. She's a witness. The DA is pressing charges - or whatever that office is called where you live.

Apparently they had an agreement and he took more than was listed in the agreement. Yes, that's theft.

I doubt he'll go to jail. Will he have to make restitution? Possibly. Will he now have a criminal record? Yes, if the charges aren't dismissed.

He has a lawyer - that's the person most familiar with the case and in the best position to give advice.

Our lawyer mentioned filing a charter. From what I understand its to do with the police taking actions requested by his ex, the witness, and not abiding by the evidence.
He has offered restitution, but the crown refused. He returned all items
Yes we are in Canada
Thanks for your reply