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Criminal law in Ontario HELP! Theft under $5000 x2 and possession of stolen property.
Theft under $5000 x2 and possession of stolen property x1 with the grand total of stolen merchandise amounting to approximately $90. I have a court date on April 16 for this and I am 18 years old living in Ottawa, Ontario, but by the time I have to attend my court date I will be 19.
Am I still under the Youth Criminal Justice Act? What happens if I am not under the YCJA? I've had been reported by my parents for theft back in 2010 and was not charged, but it was a misunderstanding within my family since my sister was framing me to get me in trouble back then and has since admitted it. Will that affect my chances of getting a diversion? Would a written statement from my sister stating that she framed me etc. that was signed by both my sister and my father help at all? I thought that when you're 18 your youth record becomes "sealed" and doesn't affect your adult record, in other words you get a "clean slate". Why was my past record something that the police officer brought up, discussed with me , and ended up influencing his opinion on whether to accuse me/send me to court? What steps should I be taking as my court date approaches. I am stressed, worried and anxious. What is the worst possible charge that could be given to me? |
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Posts merged, please do not start new threads. If you want to add more info, merely answer your own question, with the new information.
In adult court you can ask for a first offender program, and most likely you will get probation and fines. Yes, the courts can see what happens in other rulings, sealed is not sealed to the courts, if they wish to view. No a "note" is not going to even be allowed. Your sister may of course be called as a witness to testify in person, in the sentencing. Or perhaps questioned under oath by the Crown as to part of the sentencing phase. What is really needed is an attorney, since this on your record now, may effect the rest of your life. |
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It's not automatic that records will be sealed when you turned 18, especially when you have charges while you are 18. Seems you have squandered your clean slate with your current behavior.
You better talk to a lawyer rather than just be at the mercy of a system you don't understand, or appreciate. |
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