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    x5555's Avatar
    x5555 Posts: 5, Reputation: 1
    New Member
     
    #1

    Nov 30, 2011, 09:21 AM
    theft under,possession of property obtained by crime under,first time,ontario
    I know I did this so wrong and I feel so regret and embarrassed right now.
    So after reviewed tons of the threads here,I still want to talk about my story and hope I can get some advices.
    I got caught stealing from a chain-store,around 10 items(food) that worth $50, so I walk into a room with two LPOs,take out the everything and put it on the table,and let them search me,I was begging them if they can let me go,they said they need to check if I have a criminal record first,if I don't,they won't charge me and I will free to go,so I gave them my id and they called police and tell me that just for record check,then they did some paperwork like how they noticed that I was stealing,total value of the stolen items,and wrote down my name/dob/address /phone number/jobs/weights on it,and they ask me how much money do I have in my wallet,I said more than $100.
    After 10-15min,police arrived,I was shocked,I thought they were doing a record check,I was really scared at that moment,police did the same thing,search me and my wallet,ask me a few questions,then give me a ticket(I signed on it) with fingerprint court date on it,they took a copy of paperwork from LPO and asked them to leave the contact info,I don't know why they need it,it's like they will work more seriously on this case?
    well,that's my story,what should do now?I really don't want get a criminal record,I know there's diversion program,am I eligible for it?(first time,adult,no record before),
    and if anyone know any good lawyer,please let me know(im in toronto).
    thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 30, 2011, 10:06 AM
    AHMD cannot and will not recommend a specific Attorney.

    The store most likely will ask you to make restitution and pay them some amount of money for their time and trouble arresting you. That is separate from your arrest.

    Here's something I wrote about 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.”
    x5555's Avatar
    x5555 Posts: 5, Reputation: 1
    New Member
     
    #3

    Nov 30, 2011, 12:41 PM
    Added
    By the time I'm going to the court,police and LPO will be there too, or not?
    x5555's Avatar
    x5555 Posts: 5, Reputation: 1
    New Member
     
    #4

    Apr 3, 2013, 05:02 AM
    1.5yrs later&i'm back!.
    For this case,if u'r in the same situation,just go to the court alone&u will find your name on an A4 paper,talk to the social workers,write apology letter/do some donation,then u'r free to go... BUT,DO NOT do bad things again.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Apr 3, 2013, 08:07 AM
    That is not how it always works - good that it was your experience.

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