[PalBra29771]

I originally had this huge post made up... but I'll skip the long winded thing and get right into it.

I got caught for theft under 5000 (about $350) It was a spur of the minute thing as I found out I forgot my debt card at home and only had cash. I even started to put the items back but for some reason the impulse over-took me. I even paid for some of the merchandise because I wanted to at least pay for what I could... STUPID I know. All this just to avoid a 1/2 return trip home.

Anyway I got caught... Whats going to happen? I'm 29 and have never been in trouble before, not even as a young offender. I live in Ontario Canada.
Thanks

[Fr_Chuck]

It is always up to the legal system, normally with proper representation you will get probation, fines to pay, civil penalties to pay the store

[PalBra29771]

I was hoping for some kind of alternative measures... is that a possibility?

[JudyKayTee]

You asked about Canada in your OTHER thread.

Here's something I wrote on Canadian 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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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 end 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.”

[PalBra29771]

I don't have another thread. I read all the other threads but they didn't seem to cover my situation. Thanks for any help .

[JudyKayTee]

You posted this on another thread - I should have referred to your other post. https://www.askmehelpdesk.com/crimin...ml#post2337506

[PalBra29771]

Yes I saw that thanks for your answer. I guess my last question is... When you say a small amount of merchandise was taken... do you mean anything under 5000 or something more like under a thousand? Or 500?
Thanks

[JudyKayTee]

Five Thousand in Canada is the line between small and large. That's why it can be charged "under" or "over."