[tina11]

Dear sir,
I was caught in a superstore one day after I came from a failed interview. I was distraught that time and put some cosmetics products which values $410 in my handbag. The store called a peace officer(police) to come. I was given a notice which says theft under $5000.act code 334(b).One month later I have to do fingerprint and then to show at court. I am wondering whether I will get a criminal record? I did not ask for a lawer. But I will ask a duty lawyer at the court and show him/her that I am a good citizen , I just got a certificate of good volunteer and two reference letters from that organization. I really regret for what I did. This is first and last offence. I am eager to get that administrative assistant.Unfortunately I got failed. I was so frustrated... Please tell me what I should do and what will happen at the court?

[emery]

It this is your first offence you may have a chance at the diversion program which would mean no criminal record - you will know when you get to court if they are willing to agree to this. If not, then discuss your options with duty counsel that day.

[tina11]

It this is your first offence you may have a chance at the diversion program which would mean no criminal record - you will know when you get to court if they are willing to agree to this. If not, then discuss your options with duty counsel that day.

Hi,
You mean that if they are not willing to agree to this, I have to chose one of the options they offer to avoid the criminal record.
Are those options on the ACT 334 such as pay $50 or $100 as fine, community service,. I read on you web?
Do you think I need to ask a professional lawyer to go instead of the duty counsel? Is it a big truble? Possibility? Usually for this kind of case I need to pay how much to ask for a lawyer's help?

[tina11]

Hi Emery,
The first time I show at the court, the judge will notice me the punishment or I need to go there the second time. Someone told me the first time I show there just five minutes to tell the judge whether I have a lawyer. The second time at the court meet the judge and discuss the case and get the punishment done. Is it true? How many times I need to go in this case?

[emery]

The first time you will see if you are offered diversion or not, which would be the best outcome, if you are not offered this then you need to see a lawyer, there will be another court date, you did not say if this was your first offence by the way, that is very important on what happens next.

[tina11]

Hi Emery,
This the first time I did. What does mean by offence the diversion?

[tina11]

What does it mean by diversion? If they do not offer diversion, I need to ask a lawyer to go the second time. Is it helpful if I ask a lwyer to show with me the first time? Or no need. I just want to go once and then get it done

[emery]

Diversion is a program that you complete that may involve sessions about theft and the harm that it does to everyone and you may have to do some community service, I am not exactly sure what happens in the program but I know the charges are more or less dropped then and you would not have a criminal record, this is usually only offered to people with no prior charges or convictions and if the details of the crime are not that serious. I am not sure if you need a lawyer for the first court appearance I would say no because if you have diversion you don't really need one and if you don't get diversion you would have time to find a lawyer because there will be another court date.

[tina11]

Thank you so much for your explanation for me. You mean that the first time to the court, I will know the result whether I will get the diversion or not? On that day ,will the witness( store security) show up there? Are we going to discuss what happened at the court? Is it useful that I bring some reference to show I am a good citizen and I have done almost 200 hrs of volunteer service ? This is my first time offence and the last time I promise. I do't know whether I just go by myself , or ask a duty councelor that day ,or ask a professional lawyer to go to deal with? I do't know how important the first time meet at the court is? Is it decisive to the case or the judge already has decision in her/his mind when she/he read the case before to the court?

Thank you for helping me

[emery]

Yes, on the first court date you will find out if they are willing to agree to the diversion and yes the volunteer letters would most certainly be helpful. I don't think the court will decide anything else that day and I don't think the witnesses would be there that day - usually the first day is to find out if they agree to diversion and if not they usually give you a disclosure package which has all the evidence that they have against you and the way they would like to proceed - i.e. jail time or not, then usually if you need to go back to court you could take this package to a lawyer so they will be able to assist you better once they know what they are up against. When is your court date is it soon?

[tina11]

Hi Emery,
My court date is July 7.
How is the court process?
The witness will not show there. Base on what will they decide whether offer me diversion or not? Base on what the witness and the police wrote ? Or base on at the court time what I say and what I show them?If it is, then I have a chance to explain to them.They will not make any decision before that day, Will they?

Thanks

[tina11]

Hi Emery,
I do't know what the difference is between first tme court and second time court? Do they filter those easy and simple case and finish them at the first day ,and leave those complicated case for next court time? Am I right? I will ask my bank manager to issue an asset reference to show them. Is it helpful too?

[emery]

I think the decision to offer diversion would be based on what the witnesses say as well as what the police wrote as well as if you have any prior police records or convictions. Usually the case is not decided on the first day unless you are offered conversion. If you are not offered conversion you are allowed to ask for more time to prepare your case and therefore there would be at least a second court date and time for you to get a lawyer. I don't think the bank records would be that helpful but the volunteer references would probably be. Let us know what happens in your case.

[tina11]

Hi Emery,
Thank you for your help.
Yesterday, I met a lawyer and asked him to deal with the case. He accepted. Then I can relax a bit.
Anyway, thank you so much. I have learnt more from you except this lesson.

[emery]

I am glad you are feeling better about things and let me know how it turns out for you. Good Luck.

[tina11]

Hi Emery,
I surely will tell you the result of the case.
One more thing I need your help.
I have a American Express Credit Card which was expired on Oct of 2005. This Jan. A/E company called me and faxed me the statemnet , and ask me to pay the amount of $187on it. I got surprised at that time . I told them I don't have that card for many years and I have another A/E which I use it every month. I didn't remember that old card was expired . Then they transfer this case to a Total Recovery Agency in Toronto. I got a letter from them and they called me , ask me to call the store on the statement. The store's name is MYM/M'S MY DOVE. I contacted them . They checked my name and card number but fund nothing. The store's customer service also sent an email to me. I told the agent named Robert who isin charge of this case. This guy is so rude. He shouted on the phone and said: "you need to call the store to find out , call their supervisor , then you need to talk to A/E...." It seems that I have to proof whether I am innocent". Ok. I called A/E which told me that my file was closed and i need to talk to the agent. The agent Rob said :"It is your case. It is you yourself to find out.otherwise your credit will be bad... ".Then I faxed the email the store sent to me to Rob. He did not answer me. After that many different agents kept calling me. I explained to them. They called repeatedly and I have to explain repeatedly. I told them I don't have that card and I didn't use that money. One morning when I was working three different agents called me whithin half an hour. One manager ask me to get a police report file otherwise I still will get calls.

[tina11]

I didn't get a file number. But I fund out the card was expired on Oct,2005. I wrote a letter and faxed to the manager not callme again. My whole family was harassed this case. They called more than15 times and today still called in. I didn't answer.
Help me ,Emery.

[Fr_Chuck]

Normally in Canada if this is your first offense you will get a program and it will not show up on your record if you complete it properly.

If you got a letter from the CC company, send a letter disputing the debt with them, and ask for them to provide verification of the debt
** they have to prove it is valid, you don't have to prove it is not.

[emery]

Hi tina11, that is unbelievable that A/E is treating you that way over this. They should not be harassing you at work and calling you at home like this, it is very unprofessional. Next time they call, I would ask to speak to a very senior manager and ask them to stop harassing you and I agree with your manager if they do not you may have to report this to the police in order for them to stop. A/E must provide you with more information and proof regarding this outstanding payment. Good Luck.

[tina11]

It is not A/E. It is Total Credit Recovery Limited in Toronto.
Anyway , I really appreciate you.