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    juann009's Avatar
    juann009 Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 14, 2008, 07:29 PM
    Theft Under $5000
    Canada
    OK so I stole a computer and some other stuff everything was like 800 bucks.. I got a court date I'm 18.. I went to the police for my finer prints.. now I want know if I should get a lawyer or not? Its my first time ?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 15, 2008, 09:42 AM
    Quote Originally Posted by juann009
    Canada
    ok so i stole a computer and some other stuff everything was like 800 bucks.. i got a court date im 18.. i went to the police for my finer prints.. now i want know if i should get a lawyer or not? its my first time ?



    There are thousands of these posts - if you use the search feature you will find a whole list of possible scenarios.

    Quoting myself: "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 Curt 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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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."
    juann009's Avatar
    juann009 Posts: 2, Reputation: 1
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    #3

    Sep 15, 2008, 04:44 PM
    OK so I will probably not get charges? Like crimminal records?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 15, 2008, 04:47 PM
    Quote Originally Posted by juann009
    ok so i will probably not get charges? like crimminal records?

    It's covered in what I posted - read it again.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 15, 2008, 05:37 PM
    I would not go to court for anything other than a traffic ticket without an attorney

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