Hi, here's a little summary of what my issue is, I was charged 2 years ago for B & E, please don't ask it was just a really drunk moment and I plead guilty and was on Probation for 12 months and there was a fine included and some other conditions. But, this time I honestly had nothing to do with it and that is caught on video, and my two friends who did it even told the cop and security guards that I had no clue about the whole ordeal. Since, I had accompanied them, I'm still being charged with Theft under $5000. My questions are:
1. Am I able to do something/anything where I don't have to be charged and have this on my record?
2. Could talking to the Justice of the peace help me claim a sort of peace bond?
3. My friends will do anything for me to get out of this so I just need to know what to say to the right person?
4. By talking to Duty Counsel will that help?
5. If there is a question I should be asking and you think you know the question can you state the question?
6. And possibly answer it for me too?

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Originally Posted by Shimigami22

Hi, here's a little summary of what my issue is, i was charged 2 years ago for B & E, please don't ask it was just a really drunk moment and i plead guilty and was on Probation for 12 months and there was a fine included and some other conditions. But, this time i honestly had nothing to do with it and that is caught on video, and my two friends who did it even told the cop and security guards that i had no clue about the whole ordeal. Since, I had accompanied them, I'm still being charged with Theft under $5000. My questions are:
1. Am i able to do something/anything where i don't have to be charged and have this on my record?
2. Could talking to the Justice of the peace help me claim a sort of peace bond?
3. My friends will do anything for me to get out of this so i just need to know what to say to the right person?
4. By talking to Duty Counsel will that help?
5. If there is a question i should be asking and you think you know the question can you state the question?
6. And quite possibly answer it for me too?

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Without know where you are it's all guessing BUT some things are the same all over.

You've already said you had no part and you've already been charged, or am I misunderstanding? It appears too late NOT to be charged.

At this point in the US (and I don't know where you are) the Judge has nothing to do with this - its up to the prosecutors.

Your friends will "do anything." All they need to do is go to Court when you appear, be sworn in and tell the truth.

Minimally the Court will tell you to pick your friends no wisely - you already had a record, now you are associating with people who have committed a crime.

If you weren't actively involved in the theft are you being accused of being a lookout?

I'm from Canada, Ontario, and I'm alleged to have committed the offense: Theft under $5000 S.334(b) CC, and I know that is:
334. Except where otherwise provided by law, every one who commits theft (b) is guilty.
Now, having talked to my friends they will tell the truth to the court, Which means they say I had nothing to do with it? And I seriously don't want a lawyer, I'm confident in myself to represent myself front of Judge, but in the situation before I proceed further should I just get Legal Aid so that I have a lawyer or Am I OK enough to go on to a verdict without one? Cause I don't want to plead guilty and be charged

Confidence has nothing to do with this - understanding the Court system and how it works has everything to do with it.

Let's see - your friends have been videotaped committing this crime. The Court will, therefore, consider them to be people who engage in criminal activity. They are going to testify on your behalf. You were there but neither participated nor attempted to stop them. Do you think they'll be believed?

If you go to Court without an Attorney, yes, I believe you will get a verdict - not a dismissal.

You appear to already have been charged - why do you keep asking about being charged?

Your saying that there is no chance of myself getting this charge withdrawn?
My friends will do whatever it takes to get me out of their mistake, but if I can have some sort of information as to how they can help ?

Normally it will go on for a while, and may go to trial, be ready for that.

You should do nothing at this point but hire a good attorney. They will get statements of the co-defendants ( assuming they are pleading guilty) that you had nothing to do with the crime, If they are pleading not guilty the issue is they can't say you were not part of something they are claiming they did not do.

Your attorney will review the evidence, the issue is, when did you find out about the theft and what did you do ? Being with them, can be a crime even if you did not do the theft yourself

So it is possible to be convicted of this, So a good attorney

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Originally Posted by Shimigami22

Your saying that there is no chance of myself getting this charge withdrawn?
My friends will do whatever it takes to get me out of their mistake, but if i can have some sort of information as to how they can help ?

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You aren't hearing me - no, I don't see the chances being withdrawn. You either were a participant OR you didn't stop your friends. Either way - not good.

You keep saying your friends will do "whatever it takes." What it takes is for them to tell the truth. No more, no less.

How can they help? Again - they can tell the truth.

You can't understand what FrChuck and I are telling you. You don't seem to understand that these charges are serious. You seem to think you can handle this yourself. Good you are confident - but I don't think this is going to go well if you aren't represented by a GOOD attorney.

You are not eligible for diversion because you have a past offense.

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Originally Posted by Fr_Chuck

Normally it will go on for a while, and may go to trial, be ready for that.

You should do nothing at this point but hire a good attorney. They will get statements of the co-defendants ( assuming they are pleading guilty) that you had nothing to do with the crime, If they are pleading not guilty the issue is they can't say you were not part of something they are claiming they did not do.

Your attorney will review the evidence, the issue is, when did you find out about the theft and what did you do ? being with them, can be a crime even if you did not do the theft yourself

So it is possible to be convicted of this, So a good attorney

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When they had been caught in the act I was with them and I saw the security guards first and just co-operated with them I didn't fuss or put up a front I knew right away that these two had done something and I was a part of it as soon as I saw the guards, And as for my friends I'm sure they will plead guilty or at least one of them but the other will face a number consequences because of his situation beforehand. With that being said, I'm sure that they will plead guilty and that's when I need to decide should I not waste my time and just work a deal and get convicted of my charge or should I fight it and clear my name?

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Originally Posted by Shimigami22

When they had been caught in the act i was with them and i saw the security guards first and just co-operated with them i didn't fuss or put up a front i knew right away that these two had done something and i was a part of it as soon as i saw the guards, And as for my friends I'm sure they will plead guilty or at least one of them but the other will face a number consequences because of his situation beforehand. With that being said, I'm sure that they will plead guilty and that's i need to decide should i not waste my time and just work a deal and get charged or should i fight it and clear my name?

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YOU'VE ALREADY BEEN CHARGED! What part of that don't you understand?

Hire an Attorney. Explain the circumstances and let him/her advise you.

You don't seem to realize that you are convicting yourself with your own words - when I'm with my friends and see security approaching I don't automatically assume my friends have done something. You do. That means you knew these people had the capability of doing something that involve the Police.

Just stop talking and retain an Attorney before you dig yourself in any deeper.

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Originally Posted by JudyKayTee

YOU'VE ALREADY BEEN CHARGED! What part of that don't you understand?

Hire an Attorney. Explain the circumstances and let him/her advise you.

You don't seem to realize that you are convicting yourself with your own words - when I'm with my friends and see security approaching I don't automatically assume my friends have done something. You do. That means you knew these people had the capability of doing something that involve the Police.

Just stop talking and retain an Attorney before you dig yourself in any deeper.

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So Any ideas as to what I'm looking at for the consequences ?
And I will attain a lawyer thank you

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Originally Posted by Shimigami22

So Any ideas as to what i'm looking at for the consequences ?
And i will attain a lawyer thank you

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My guess is fine, probation, possibly restitution, criminal record, possibly public service.

I don't see jail time UNLESS you violate probation.

I believe probation will involve you finding new friends.