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ma99 · Dec 3, 2008, 11:28 PM

Hi I'm from Ontario, Canada and have been charged with theft under $5000 and possession of stolen property. I was convicted of shoplifting an item under $30 and as I was about to walk out the store security stopped me and put my hands behind my back, I got a appearance notice. I know this was a stupid, stupid action on my part and I feel horrible inside, I'm having anxiety attacks and I feel depressed. Im 18 and have got a ticket before for possession (which was less than $5 (.5g) worth of marijuana) and drinking under the age of 19 and now this, I was wondering what will happen and what can I do? I feel really disgraced for what I did and have learnt my lesson from my stupid decisions. I have not yet gone to court as it is not until the 20th of January. I don't know what to do as I don't want this on my record but I know what I did was wrong and I know I should be punished for my actions.
If I'm 18, unemployed and living with my parents can I qualify for legal aid? Im currently looking for a job.

ma99 · Dec 4, 2008, 09:43 AM

Can anyone help please

excon · Dec 4, 2008, 09:55 AM

Hello ma:

Shoplifting seems to be a Canadian sport. I'm not knocking it, but if you look on these pages, you'll find it to be so...

That's GOOD news for you. We've covered hundreds of Canadian shoplifting questions. Go browse, and you'll find what you're looking for.

excon

ma99 · Dec 4, 2008, 10:01 AM

I have read a lot of messages form shoplifters in Canada and I'm not finding what I need to know. I have Possession charge and a liqour under 19 ticket on my record alredy and now I have a theft under $5000, will my previous charges affect this theft charge? What am I going to somewhat expect to happen when I go to court?
I'm 18 unemployed and living with my parents, can I apply for legal aid?

excon · Dec 4, 2008, 10:08 AM

Hello again, ma:

I can't help you. This doesn't sound like a contract killing so I don't think you'll do any jail time. Yes, your previous record WILL be used against you. That's why you might not qualify for one of those diversion programs you northerners have. So, you'll probably get convicted of some misdemeanor and put on probation..

I'd certainly apply for legal aid.

excon

ma99 · Dec 4, 2008, 10:12 AM

So my chances of obtain a diversion program are slim to none?
This was a stupid acton that I really regret, How long will this be on my record? And what exactly is a misdemeanor

JudyKayTee · Dec 4, 2008, 11:19 AM

Originally Posted by ma99

I have read alot of messages form shoplifters in Canada and im not finding what i need to know. I have Possesion charge and a liqour under 19 ticket on my record alredy and now i have a theft under $5000, will my previous charges affect this theft charge? what am i going to somewhat expect to happen when i go to court?
im 18 unemployed and living with my parents, can i apply for legal aid?

You pretty much have to have a clean record in order to be accepted in the diversion program. It's a case by case decision by the Crown Attorney and that's the only person who knows if you will or won't qualify.

You can apply for legal aid - whether you qualify is also the decision of that office.

A misdemeanor crime is generally a lower level crime than a felony. Most of the time the difference is determined by the maximum sentence - in my State less than 1 year is generally a misdemeanor. If the sentence could be over 1 year, it's a felony.

If the crime is deliberate, such as shoplifting, property damage, assault, the misdemeanor/felony line is drawn based on the dollar amount.

These are questions to ask the Court or an Attorney.

ma99 · Dec 4, 2008, 02:02 PM

Thank you for clearing thoes questions up, what do you think will happen to me, it was a shoplifting charge for a bottle of whiskey which was $32, do you think any jail time will occur or probation and community service hours?

BMI · Dec 4, 2008, 02:10 PM

I highly doubt you'll be spending any jail time. You may receive and absolute discharge or conditional discharge, that's what I'd be driving at.

A lot of the sentence has to do with your remorse and prior behaviour.

Also, if your dependent on your parents than you will most likely not qualify for legal aid, it is reserved for those that have absolutely no way of support.

Try not to stress out too much, they are not going to put you away and toss the key.

ma99 · Dec 4, 2008, 02:18 PM

What exactly are the 2 differences about absolute discharge and conditional discharge? Will it be on my record for life?

Alty · Dec 4, 2008, 04:19 PM

You're 18, an adult, so yes, it will likely be on your record for life.

I don't know if there's a way to get it off your record, you'd have to check into that.

BMI · Dec 5, 2008, 02:13 PM

An absolute discharge is basically getting off, you may pay a fine or have to attend a class or have to do nothing at all. A conditional discharge is when you have conditions imposed such as community service, curfew, etc. Once you meet the conditions the charge will be done with. NEITHER sentances are convictions and thus you would have no criminal record.

JudyKayTee · Dec 5, 2008, 03:15 PM

Originally Posted by BMI

I highly doubt you'll be spending any jail time. You may receive and absolute discharge or conditional discharge, that's what I'd be driving at.

Alot of the sentence has to do with your remorse and prior behaviour.

Also, if your dependent on your parents than you will most likely not qualify for legal aid, it is reserved for those that have absolutely no way of support.

Try not to stress out too much, they are not going to put you away and toss the key.

I'm not in Canada but with a past record and these charges, why do you think OP will walk away with no jail time? I'm not familiar with very much beyond the diversion program. Are these minor crimes in Canada, past record or not?

ma99 · Dec 5, 2008, 09:08 PM

I have been talking to my lawyer and he said he may be abel to get me into a diversion program or may be abel to get it discharged.
My previous offences were when I was 17 and about to turn 18 in a couple months, now that I'm 18 I still think I have one of the previous offences on my record, why would this be if it was when I was 17, I thought when you turn 18 in canada you record is whiped clean?

hops420 · Dec 7, 2008, 12:31 AM

I am guessing you will get a conditional discharge and 6 months probation. I have gone up on the same charges and as long as you have no other criminal charges they tend to go easy. Hope it goes well for you.

hops420 · Dec 7, 2008, 12:32 AM

It is not wiped clean as the government can still find it. But when you go to look for a job it will not show up!

JudyKayTee · Dec 7, 2008, 06:43 AM

Originally Posted by hops420

It is not wiped clean as the government can still find it. But when you go to look for a job it will not show up!!

It depends on the job and the type of background check. This is not entirely true across the board.

JudyKayTee · Dec 7, 2008, 06:45 AM

Originally Posted by ma99

I have been talking to my lawyer and he said he may be abel to get me into a diversion program or may be abel to get it discharged.
my previous offences were when i was 17 and about to turn 18 in a couple months, now that im 18 i still think i have one of the previous offences on my record, why would this be if it was when i was 17, i thought when you turn 18 in canada you record is whiped clean?

You have an Attorney. If you want a firm, legal opinion, that's the person to ask. Anyone else, including me, is speculating based on what you have posted and no additional info.

Discharge, maybe. Diversion - not from what I can read and have researched. But that's at the discretion of the Crown Attorney so, again, just speculating.