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

    Sep 20, 2009, 08:51 AM
    Theft under 5000$ 28 YO, First time
    I am 28 years old
    I was caught at Sears in Canada shoplifting an item for 30$
    The police gave me a notice for finger prints and court in a few days, I admitted to the police that I was shoplifting this item to sell it, for food, which is true.. (it is my first time ever with something like that)

    I am applying for my first decent job in a long time, and it is in security, that job will allow me to put food at the table for my family, so please advise me what to do with the court, do I plead guilty? Or not, will I have criminal record or not?

    Please answer me as soon as possible, I am totally afraid that I will loose the only chance I have for a better life over this..
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 20, 2009, 09:01 AM

    I don't think you have a chance for a job in security now, if they found out you are going to court for shoplifting. Yes, plead guilty. That is your only chance o f a light sentence, however, an item worth $30 is not worth your time and the outcome even if you were going to sell it and put food on the table. What you would have got for it probably would not have made any difference.

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 20, 2009, 09:33 AM

    Yes, you can pretty well kiss off any chance of a job in security for some time. Even if you get hired now, once they find out about a theft charge, goodbye.

    Canada has some pretty good first offender programs, I would get an attorney
    mfharry's Avatar
    mfharry Posts: 2, Reputation: 1
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    #4

    Sep 20, 2009, 11:25 PM
    Thank you guys for your input, I know I got stupid for doing this, but, will this be a criminal record?
    And where can I get an attorney
    Please advise..

    Many thanks again
    rainacidbeer's Avatar
    rainacidbeer Posts: 92, Reputation: 6
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    #5

    Sep 21, 2009, 05:55 AM

    They have a diversion program that would leave you with out a record,you can try the phone book or Google lawyers and your town.
    Soleil001's Avatar
    Soleil001 Posts: 4, Reputation: 1
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    #6

    Oct 14, 2009, 10:37 AM

    Okay, I am freaking out a bit over the answers you are getting.

    (1) Just because you have been *charged* does not necessarily end your chance of a career in security (at least not in Ontario). You must generally be convicted for it to have that effect.

    (2) Because of (1) I do *not* advise you to just plead guilty. Only admit guilt if you have an offer of diversion or a joint submission on sentence (meaning that the defence and the prosecutor agree on the appropriate sentence) that is for a form of discharge. Discharges keep you from getting a criminal record.

    When you go to court, get their early and talk to Duty Counsel. This is a lawyer who is there to help anyone who doesn't have their own lawyer yet or who can't afford one. Get advice from them and *tell them about your desire to work in security and the resulting importance of maintain a clean record.*

    Rule number one: get a lawyer's advice before doing anything!
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #7

    Oct 14, 2009, 11:14 AM
    Quote Originally Posted by Soleil001 View Post
    Okay, I am freaking out a bit over the answers you are getting.

    (1) Just because you have been *charged* does not necessarily end your chance of a career in security (at least not in Ontario). You must generally be convicted for it to have that effect.
    !
    Soleil, if the OP has to have a background check done by the police as a job requirement, does not the'charge' show up ? Because if the charge did appear, then that would be a deterent to a security company hiring him (in Ontario).

    Tick
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Oct 14, 2009, 11:23 AM
    Quote Originally Posted by Soleil001 View Post
    Okay, I am freaking out a bit over the answers you are getting.

    (1) Just because you have been *charged* does not necessarily end your chance of a career in security (at least not in Ontario). You must generally be convicted for it to have that effect.

    (2) Because of (1) I do *not* advise you to just plead guilty. Only admit guilt if you have an offer of diversion or a joint submission on sentence (meaning that the defence and the prosecutor agree on the appropriate sentence) that is for a form of discharge. Discharges keep you from getting a criminal record.

    When you go to court, get their early and talk to Duty Counsel. This is a lawyer who is there to help anyone who doesn't have their own lawyer yet or who can't afford one. Get advice from them and *tell them about your desire to work in security and the resulting importance of maintain a clean record.*

    Rule number one: get a lawyer's advice before doing anything!

    And I am "freaking out" over your answer -

    (1) He "generally" has to be found guilty? He has to fill out an application at this point which lists all arrests/charges. He tells the truth and there goes the job. He lies, he gets found out (or found guilty) and there goes the job. I question whether anyone who has a charge/conviction for theft (and I appreciate this person was shoplifting to sell the item to pay for food should find work as a security guard - but that's a question for another board.

    (2) He already told the store he is guilty. I'm sure it's in their records. He's admitted guilt although I agree that was not in a Courtroom.

    (3) Here's something I wrote about diversion:

    "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 Court 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.”

    Instead of criticizing the people who are attempting to help - and have posted thousands of times - why don't you just post the info you have and let it go at that?

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