[imadeamistake2]

Hey everyone,

I recently got arrested with Theft under $5000 in Ontario yesterday. I stole about $80 worth of male cosmetic products. I am 20 years old turning 21 this year and finishing second year in University studying accounting. I realized I have made the worst mistake in my life and will never ever commit any sort of crime ever again. I am very worried about what will happen to me and I have been losing sleep and appetite over this. My status in Canada is a permanent resident and I am very worried that I could get deported or not eligible to become a Canadian citizen if I get charged. I realized if I get charged I can't be an an accountant because I need to help a clean record. Also, I heard that I won't be able to enter the U.S. anymore and I often travel to U.S. with my family. I have yet told my family about this. And I don't have the money for a lawyer and I'm not sure If I will be eligible for the legal aid because my parents are pretty well off. I have heard about the diversion option? How do I apply for it? And Do you think I will be eligible for it? I will also be receiving a letter from the store that I stole to pay damages despite returning the merchandise. I have read that some people suggest to ignore to pay it, but would that be the wise thing to do in my case?

[JudyKayTee]

If you don't want to make waves I would pay the restitution that will be asked of you by the store. I would also obtain an Attorney due to your immigration status and career plans. This needs to be taken care of quickly and "easily." Crossing the border is case by case. I've seen arrests appear on the computer; I've seen felonies NOT appear on the computer. I have no idea at this point in time what is entered and what is not.

Here's info 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.”

[imadeamistake2]

Thanks JudyKayTee,

I have another question, I know I can speak to the duty of counsel by coming to court 30 minutes earlier and apparently I can fill out the Diversion form then. If my diversion somehow gets deny is it possible for me to try to adjourn the court and then get a lawyer? Because I honestly don't have the money for it... and my parents have spent a lot of money on my school and I have a TMJ surgery coming up...

[JudyKayTee]

I wouldn't take the chance - I would go in with an Attorney. Chances are that you will be approved but, again, nothing is guaranteed and the stakes for you are high.

[imadeamistake2]

Also, If I am granted the diversion. Will I have a criminal record? Because I am scheduled to have my photo and fingerprint taken in 2 weeks. Is it possible for me to get my photo and fingerprint erase from the system.

[imadeamistake2]

Hey Im in the same situation as you right now... Are you sure I shouldn't pay the bill sent by the store? I was caught stealing in Shopper by the way and I have no money to pay for it since I am only a 20 years old college student. Can they take me to civil court if I don't pay? Or they wouldn't do that because it just wouldn't be worth their trouble...

[imadeamistake2]

Hey everyone,

I recently got arrested with Theft under $5000 in Ontario yesterday. I stole about $80 worth of male cosmetic products. I am 20 years old turning 21 this year and finishing second year in University studying accounting. I realized I have made the worst mistake in my life and will never ever commit any sort of crime ever again. I am very worried about what will happen to me and I have been losing sleep and appetite over this. My status in Canada is a permanent resident and I am very worried that I could get deported or not eligible to become a Canadian citizen if I get charged. But I think I read that I can't be deported because theft under $5000 is a minor crime. I realized if I get charged I can't be an an accountant because I need to help a clean record. Also, I heard that I won't be able to enter the U.S. anymore and I often travel to U.S. with my family. So how will this effect my Visa? I have yet told my family about this. And I don't have the money for a lawyer and I'm not sure If I will be eligible for the legal aid because my parents are pretty well off. I have heard about the diversion option? How do I apply for it? And Do you think I will be eligible for it? I will also be receiving a letter from the store that I stole to pay damages despite returning the merchandise. I have read that some people suggest to ignore to pay it because it is unlikely for the store to sue because it would cause them a lot more money and it's just not worth it for them... is it true?

Please answer and thank u

[JudyKayTee]

The Law allows the store to charge you for its time and trouble. Whether you want to mount a challenge is entirely up to you.

I'd pay it.

[JudyKayTee]

You have opened three threads on this same subject. I've answered your questions based on Canadian Law. Continuing to ask the same question is NOT going to change the Law and, therefore, the answer.

If your parents are pretty well off you'd better tell them and retain counsel unless you want to be with them when you are stopped at the Border and refused entry - and it's a possibility.

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Yes they can take you to civil court.

P.s. this site does not allow using texting shortcuts. We type in full words and sentences here.

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