Im a 21 year old living in Ontario, Canada, and here's my dillemma:

I had stolen a jacket ($149) from my employers store and then LP people caught me red handed. Then they took me back to the office and started blaming me for items which I hadn't taken, saying I tried to but didn't. I didn't say anything to them about it, just waited for the police, and apoligized, cooperated with them and told them how bad I felt. Officer arrived and got a promise to appear. After going to court and reviewing my disclosure, they were enterting into evidence items which they had blamed me for but I didn't take, needless to say I can fight those items. However I had admitted on record to the police (extremly stupid) that I took 2 other items, valued at $25 each, bringing my total to $200.

Now I was charged 3 counts theft under 5, and 2 counts possess. Under 5. Nows the tricky part. At the time I was under a peacebond, to be of good behaviour, BUT the officer said he wasn't going to charge me with breach of peacebond IF I returned the two items I had taken previously.

What I don't get is will they treat this as a first offence, as in my previous incident the charges were withdrawn, and the cops didn't charge me with breach? Or will the crown use it against me later on? On my disclosure, it was indicated that a diversion program is not possible (I was told because of the breach of trust), but is that the crown making room to negotiate, or do they really want jail time? The police noted that I was remorseful also. The LP people didn't ask me whatsoever to make restitution, but was that because I returned the items? I sought out a few lawyers, and their opinions differ from one to another, one saying jail time is like 30% possible, whereas the others more confident that it could get reduced. Also, they LP people claim to have me on tape, and a video tape was enterd into evidence on the disclouse, BUT I wasn't allowed to see the tape during the time of arrest, and when I obtained my disclosure, a tape was not given to me. Also, the police report about the earlier thefts are very general, as I wasn't specific as to date or time, but general between this time and this time, and it looked liked he copied and pasted it after each charge.

Im really sorry this is a lot, but its consumed me every day as it would anyone and just some clarification would be greatly appreciated. I have tried to better myself, by applying to college (finally) and finding another job as well, which I was told would also look good to the courts. What's the likelihood on jail time? And would this be treated as a first offence or second, because of the situation?

Hello Jackal:

You've got some very detailed information going on. Thanks for filling us in, but most of it doesn't matter. What the cop, the store, or the other cop says – or what the law says, or what he said, or what the other guy said... None of it matters.

When you get to court, it's a brand new ballgame. NOW, there's a prosecutor. He's the only guy you have to satisfy. Your story notwithstanding, there are no absolutes here. You could go to jail for a while, or you could get off scott free. I don't know. You need an attorney. What will happen to you from now on, IS dependent on the quality of your attorney. It won't depend a whole lot on what went on before.

excon

Charged with Theft under $5000x2 and Possession of a stole item

I'm 18 and living in Ontario, Canada
I was just recently charged with theft under $5000x2 and possession of a stole item. I was stealing money from the register and an investigation was done on me and I was caught with a stolen item also. I also know that this is a breach of trust and is treated more seriously. I don't know exactly how much I stole but I estimate around $1800. I know it's a lot.
I have no criminal record, I am also a permanent resident and a year first university student. I have already read the penalties for my crime.
I know getting a lawyer would be the best way to go but I haven't told my parents and my father has been unemployed for almost a year and already has enough stress as it is.
How can I go about this situation? My court date isn't until the 18th of January.