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2010canada · Oct 4, 2008, 02:27 AM

I am 20 and was charged with theft under $5000. I stole from a business but got scared and left the goods in my van at the store. I was not alone and on camera. I was charged and have to go for finger prints and have a court date. Could the store drop the charges, I did go back and apologize. Do I need a lawyer, this is my first offense. I am stupid and scared. What could happen?

JudyKayTee · Oct 4, 2008, 06:59 AM

Originally Posted by 2010canada

I am 20 and was charged with theft under $5000. I stole from a business but got scared and left the goods in my van at the store. I was not alone and on camera. I was charged and have to go for finger prints and have a court date. Could the store drop the charges, I did go back and apologize. Do I need a lawyer, this is my first offense. I am stupid and scared. what could happen?

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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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 end 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. "

Fr_Chuck · Oct 4, 2008, 07:24 AM

I doubt they will "drop charges" you should get an attorney to help you with this.

2010canada · Oct 4, 2008, 03:08 PM

When do I get a lawyer, th police said they'd call me in a few days to discuss what happened and what I do and haven't heard anything yet. Should I go to the police and ask them or wait until they contact me. My prints are not due until next month.

JudyKayTee · Oct 4, 2008, 03:14 PM

Originally Posted by 2010canada

when do I get a lawyer, th police said they'd call me in a few days to discuss what happend and what i do and haven't heard anything yet. Should I go to the police and ask them or wait til they contact me. My prints are not due til next month.

Have you checked with the Crown Attorney to see if you qualify for the diversion program?

2010canada · Oct 5, 2008, 04:25 PM

I am on the west coast, how and when do I notify the crown attorney to see if I qualify. Like I said , this is all new to me.

excon · Oct 6, 2008, 06:58 AM

Hello canada:

No matter what, DON'T TALK TO THE COPS. If you misunderstood my last sentence, let me repeat it: DON'T TALK TO THE COPS. Ok, did you get it?

excon

ScottGem · Oct 6, 2008, 07:11 AM

There are dozens of threads that deal with this same issue. I suggest you read them. Others have gone through this and have reported their experiences. If you have any questions after browsing similar threads feel free to ask.

By the way, it doesn't matter that you left the items in your van. As long as you removed them from the store you are guilty of theft.