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lucky70 · Dec 30, 2009, 10:09 PM

On 29 December 2009 I charged theft under 5000$ section 334 b ccc .
I caught with two tea packet a worth of $12 by accident from one chinese food store and I don't have any kind of criminal record in my past its my first offense and now I have an appearance in court on end of January 2010 so what will your advice and what should I do next kindly help me that it would be effected on my credit history and my future I am 39 and Graduate person and don't have any idea which type of punishment I will face currently I am laidoff (unemployed) and I need your help thanks.

excon · Dec 31, 2009, 06:18 AM

Hello l:

Hire a lawyer.

excon

lucky70 · Dec 31, 2009, 10:17 AM

Hi is this my reply to hire a lawyer for the question of theft under $5000
I can't afford lawyer I don't have enough money currently I am unemployed and looking for work
Kindly help me thanks

JudyKayTee · Dec 31, 2009, 10:22 AM

Originally Posted by lucky70

hi is this my reply to hire a lawyer for the question of theft under $5000
i can't afford lawyer i dont have enough money currently i am unemployed and looking for work
kindly help me thanks

Yes, the reply is to hire an Attorney if you don't want to be convicted and/or don't want this arrest to be part of your permanent record.

There is no other way around this. You can always attempt to represent yourself but if you, in fact, did steal I don't think the Court will be lenient.

Have you requested assigned (free) counsel?

excon · Dec 31, 2009, 10:29 AM

Hello again, lucky:

Then there isn't much you can do... Go to court. Tell the judge what you did, and he'll probably fine you $100. No, it won't affect your credit history, and it shouldn't affect your job search.

There are various levels of crimes. The lowest, and the level I think they'll charge you at, is the same as getting a traffic ticket. It's an infraction and it won't be on a criminal records search.

However, a misdemeanor will show up on a background search. It's my view that you will be charged with an infraction and NOT a misdemeanor. I certainly could be wrong. That's why I suggested you hire a lawyer.

excon

lucky70 · Dec 31, 2009, 10:38 AM

Thanks to help me and I am un aware about free council I don't know how to assign for free council kindly guide me thanks

lucky70 · Dec 31, 2009, 10:51 AM

Hello excon thanks for reply so what do u suggest can I go alone in court without lawyer or u can suggest me about the free council

excon · Dec 31, 2009, 10:53 AM

Hello again, lucky:

If you're eligible, they'll assign you one at your court appearance. You probably are eligible... Don't worry.

excon

lucky70 · Dec 31, 2009, 11:08 AM

Thanks can u define me about this matter because I'm confused about this matter

excon · Dec 31, 2009, 11:19 AM

Hello again, lucky:

There's nothing to be confused about. They think you stole something. They're charging you with a crime. They want you to go to court where they'll have a hearing. Go and tell the judge what you told us here. The judge will do whatever the judge wants to do.

You probably will have a lawyer to represent you at the hearing. That's all. It's not complicated. They'll ask you if you're guilty or not. If you're not, they'll have a trial. If you are, they'll sentence you right then.

excon

JudyKayTee · Dec 31, 2009, 11:36 AM

Do we know what Country or State?

lucky70 · Dec 31, 2009, 11:59 AM

Its mean that it is necessary that I will go with the lawyer

lucky70 · Dec 31, 2009, 12:00 PM

Its in canada ontario brampton

JudyKayTee · Dec 31, 2009, 03:05 PM

It's mean (on the part of the Court system) that it is necessary that you have to have an Attorney? Is that what you meant?

Here is info which I wrote about diversion in Ontario:

“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.”