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    Shopgirl152's Avatar
    Shopgirl152 Posts: 2, Reputation: 1
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    #1

    May 21, 2014, 09:18 AM
    Theft Under $5,000 charges - Canada
    I was released by a former employer without cause. I commenced a wrongful dismal suit against my former employer. Four months later I was contacted by the police investigating a fraud allegation by my former employer for a total of $1500.00. I have not made any statements to the police and have retained counsel. I have been formally charged and finger printed for three counts of theft under $5,000 by the employer. This is my first criminal charge, I have never had problems with the police before. Two of three counts were alleged to have occurred after I was fired however the dates of the cash transactions occurred while I was employed? (How does this even work?) In the disclosure provided none of the documents included indicate that a theft occurred other than verbal statements by an employee who didn't work in the office at the time of the alleged theft. The witness statements all indicate that cash was exchanged but no receipt was provided. There is no video evidence of the theft and the evidence doesn't provide a strong case for conviction. We have contact the Crown who will not withdraw the charges based on the fact that the case is an employee/ employer case. My current employment and future employment can be significantly impacted by a finding of guilt. How should I proceed with this case and how does my criminal case affect my civil proceedings? I haven't done what I am accused of but I am curious as to how I can best represent myself. I can no longer afford a lawyer because of the extent of the legal proceedings. I am open to advice, case law I can study to better inform myself?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    May 21, 2014, 10:23 AM
    Can you not get legal aid ? You can study all you want, but it will not replace a lawyer if you can get out of it and secure future employment.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #3

    May 21, 2014, 01:12 PM
    Too complex for self representation. Too many things can happen with unanticipated consequences.
    Shopgirl152's Avatar
    Shopgirl152 Posts: 2, Reputation: 1
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    #4

    May 21, 2014, 01:34 PM
    Unfortunately my income is to great and I am rolling the dice with Duty. Counsel. I can appreciate all the moving targets but I was hoping to solicit some advice.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #5

    May 21, 2014, 02:21 PM
    Quote Originally Posted by Shopgirl152 View Post
    Unfortunately my income is to great and I am rolling the dice with Duty. Counsel. I can appreciate all the moving targets but I was hoping to solicit some advice.
    What the heck does this mean, fellow Canadian? Your income is too great, you are rolling the dice with duty, counsel. Can appreciate all of the moving targets. What the heck does this mean. Canadian law and US law sometimes vary; I still suggest if you want to retain your credibility, you hire a lawyer and if you say your income is 'great', then what is the problem with that.

    We only know one side of your story.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 21, 2014, 09:46 PM
    You do not go on without attorney. This can ruin entire life. Cost 100s of. 1000 in future earnings.

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