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    free soul's Avatar
    free soul Posts: 9, Reputation: 1
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    #1

    Apr 24, 2009, 09:14 AM
    Theft under 5000, Just north of Toronto
    I am going to be detailed as possible. I am 21 years old, male, and have been caught shoplifting in a grocery store in Vaughan, a city just north of Toronto. I was caught taking exactly 15 items totalling $69.30 of merchandise from this grocery store. As I was leaving the store, I was caught by store security. Eventually, they called police. The police officer charged me with 2 charges. 1) Theft under $5000 and 2)Possession of property obtained by crime. I don't have a criminal record. This is my first time being charged. The police officer told me he would make note to the judge to suggest a diversion program for me. I have already taken my fingerprints taken at a police station. I have already attended my first court appearance. I didn't hire a lawyer because I thought I was going to offerred diversion. However, I was not offered diversion by the Crown. I did receive a disclosure. On the disclosure, it says the Crown will proceed on the charges as laid (summarily) and will not consider diversion. The duty counsel lawyer adjoured my case 1 month later and told me I should hire a criminal lawyer. So after this first court appearnce, I hired a criminal lawyer. (cost me about $1500) The lawyer has adjoured my case until the first week of May to have a Crown pre-trial. Can a lawyer convince the Crown during the Crown pre-trial to change their mind and offer me diversion? If not, what could happen?
    I am seeking as much professional help I can get in this matter? Thanks to everyone who replies me.
    emery's Avatar
    emery Posts: 92, Reputation: 2
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    #2

    Apr 24, 2009, 12:22 PM

    Yes, your lawyer can try and convince the crown to change their mind but it is rare that this happens. I am however surprised if this is your first offence that you were not offered diversion. Anyway, if diversion is out of the question, the next best thing is a discharge which will mean no criminal record.
    free soul's Avatar
    free soul Posts: 9, Reputation: 1
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    #3

    Aug 9, 2009, 03:23 PM
    How do you delete this post? I am done with this issue.
    emery's Avatar
    emery Posts: 92, Reputation: 2
    Junior Member
    		  
    #4

    Aug 10, 2009, 06:10 AM
    Hi Freesoul, I don't know how to delete this post but it would be helpful to others in your situation if you would be willing to share your final outcome. Thanks
    tamilguy's Avatar
    tamilguy Posts: 5, Reputation: 1
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    #5

    Oct 3, 2009, 05:51 AM
    Quote Originally Posted by emery View Post
    Yes, your lawyer can try and convince the crown to change their mind but it is rare that this happens. I am however surprised if this is your first offence that you were not offered diversion. Anyway, if diversion is out of the question, the next best thing is a discharge which will mean no criminal record.
    Actually it's not rare. My criminal lawyer convinced the crown for diversion and was successful. The crown wanted to have conditional discharge (12 months) against me.
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