I am currently 17 years old, I will be turning 18 in August 2013. I stole a few items from a store today which were amounted to $70, I am extremely sorry for what I have done, and it kills me because I'm not able to look at my mother in the eyes anymore... The police gave me a note and told me I was charged with "theft under $5000" and he told me to go to the court on may 15th, keep in mind that I'm 17 right now, I live in the great Toronto area (Markham) canada, and I'm turning 18 in August, the court date is on may 15th and I am a first-time offender. The police did tell me since I'm only under 18, in most cases he saw before, first time under 18 offender will be asked to do some volunteer work, or pay to the charity, and he said it will not be on my record. Is it true? Note how he said MOST cases... I'm really scared right now :'( will I need a lawyer for the court? Will I have a criminal record? Can I still go to university or become a doctor in the future or find a decent job? What is the consequence? What do I need to do after the court date? Am I still considered to be under 18 but my birthday is so close to the court date? :( All I can do is cry and all I feel is guilt and regret. :'( please answer my questions, thank YOUU so much in advance!

This is called a first offender program, and you will need to ask for it, I would have an attorney.
You need to tell your parents if you have not.

No matter if on criminal record, as long as anyone knows, places can find out, so can it effect future, of course, you should still be able to do all of these things you wanted

Here is something I wrote about diversion in Ontario: "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 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.”

It's your age when you're arrested that matters, not your age when sentenced. The Police are also not allowed to give legal advice, so I'm surprised by the Police Officer's comments.

If you do complete diversion and the charges are withdrawn the arrest still appears on your record and will be discovered on certain background checks.

Your other thread refers to paying back to a charity. This thread refers to stealing from a store. What were the circumstances? The circumstances may make you ineligible for diversion.

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Originally Posted by JudyKayTee

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.

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.

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 you do complete diversion and the charges are withdrawn the arrest still appears on your record and will be discovered on certain background checks.

Your other thread refers to paying back to a charity. This thread refers to stealing from a store. What were the circumstances? The circumstances may make you ineligible for diversion.

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Hello, judykaytee.
Thank you so much for your response! But what is a Crown Attorney? Do I see the crown attorney when I get my fingerprints done? Or do I see them on the court day? Do I need to get a lawyer in order to see the crown attorney? Why would the arrest record still be on if there's no criminal record? If the crown attorney doesn't let me go through the diversion program, can I find a lawyer AFTER and ask them to reconsider? I am freaking out right now :'( and for the last point, did you mean I might not be eligible for the diversion program because I stole from a store? (its Walmart in this case, they already told me I was banned from the mall)?
Thank you so so so much!!

The Crown Attorney is the prosecutor, the person who represents Ontario/your City. The arrest record would still be “on” because you were, in fact, arrested. Diversion doesn’t make the arrest go away from certain background checks. This is posted all the time.

What would I do? I’d get an Attorney now. And, no, you can’t be denied diversion and then retain an Attorney and request that the arrest be reopened.

You referred to a charity in your other post. This time you did not, and I wodnered who you stole from. Walmart (and I’m sure you know this) is tough. In my area Walmart is very unforgiving. They also enforce the ban - if you are caught in any Walmart (or that particular mall) you can and will be arrested.

The good news - this is your first offense. It’s a small dollar amount. You didn’t argue or fight with the Police. You appear to be truly sorry - I trust you are sorry you stole, not sorry you got caught. You present yourself/speak well.

As long as you are sincere I FIRMLY believe you will go into the diversion program. All the Court wants to do is make sure you don’t steal again. It’s called “scare the wits out of a person.”

And stating that you can’t look your mother in the eyes indicates you are truly sorry.

You’ll be all right.

Quote:

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Originally Posted by JudyKayTee

You’ll be all right.

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OMG :') thank you so much for the information and help. I'm a bit less worried right now than before.
And yes, I am truly sorry, not because I was caught, I feel extremely sorry that I disappointed and embarrassed my mom and sister, I feel sorry for myself for having done such sins (no one has ever thought I was truly truly sorry, so thank you! ) and I often asked myself WHY? Why did I do it?? :'(
The thoughts of suicide haven't disappeared in my mind yet... but I hope I will get better and see what the court will say...
A lawyer is really expensive, but thank you so much for the advice! I shall talk to my family about getting an attorney... What would happen if I don't get a lawyer though? Will have a smaller chance of being in diversion program? If I do get a lawyer, will the arrest record be erased? But I don't think my family can afford one :(
Nevertheless, I thank you from the bottom of my heart!

Do you know what I would do? First, this is one mistake in a very young life. I realize you are terribly upset, but if you commit suicide what will happen to your mother and sister? One of my very best friends killed herself many years ago (and I've posted this many times) and I still wonder if I could have stopped her - even though, realistically, I know I could not. Your mother and sister would never get over your death by your own hand.

I would go to Court by myself, no Attorney, with the printout about diversion in my hand, and I would ask for diversion. You are sorry, you are apologetic, I see no reason you won't get diversion, no reason at all.

So take a big deep breath and tell yourself it's going to be all right - because it really is going to be all right.

Finish school, get started on a career, and even if the arrest and disposition show up on a background check, no one is going too much care.

I promise.