[latinian]

Hello,
I am a young woman, 24yrs, living in Ontario. About three weeks ago I got caught and charged for stealing at a local store. I am now charged with theft under 5000. I have never been charged for anything in my life. I have no clue how this works... but I have been reading some of the other thieves Q&A's...
Now I understand that there is a diversion program that I might be able to attend.. How do I apply?
Also I have just received a little business card from a ''cadet - summons server'' also below it said court services section. I have no clue what this means, but I just got home from work and its too late to call the numbers on it.
Do I have to go to court? Also, my family is planning to go to NYC for christmas... Am I going to be able to go with them?
Please help me!
Thanks

[JudyKayTee]

Here's something I wrote and post often. In the meantime, it's entirely possible that you cannot enter the US with a pending case.

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satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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

[latinian]

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.


Does that include parking/traffic tickets? I have one. But I have never committed a crime, gone to court or anyhting like that before. How do I find out if I am eligible?

[JudyKayTee]

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.


Does that include parking/traffic tickets? I have one. But I have never committed a crime, gone to court or anyhting like that before. How do I find out if I am eligable?

You apply to the Crown Attorney - and unless they are very serious offenses traffic violations should not matter.

You should also ask the Crown Attorney if you can leave Canada while this is pending.