[nabdulk2]

Hello,

I've read almost all the other posts on this matter but I want to know specifically what would happen in my case.

So yesterday (I'm 18) I stole 3 eyeliners with the total coming up to about 27$ from Loblaws. I bought a mascara but kept the eyeliners in my pocket. I thought I would save myself a bit of money because my student loans came in and I needed to pay tuition. So I bought the mascara and then went to the atm to withdraw 200$. As I was walking out the security guy came to me and arrested me.
At this point I was panicking so I quickly told him a lie saying I forgot they were in my pocket and I was willing to pay for them but obviously he didn't buy it. In the security office they asked me how much money I had on me and it was about 215$ because I just withdrew money, which he then commented on saying 'You have that much and you're stealing?' I got a very condescending vibe from the 2 security personnel but I can understand why they were.
One of them asked me which school I went to which I then answered with the name of my university and she said ' You go to ____ and you're stealing?' to which I then replied 'Just because you go to university doesn't mean your not capable of committing a crime'
To which she then replied 'Oh I know, we catch university students all the time, but its always surprising, because we know you want to do something with your life' I felt rotten. I know I should not have said that but she was so condescending and made me feel more and more embarrassed about myself then I already was, so I felt the need to make her stop being rude.

When the police officer arrived, she was way nicer then the security personnel, as she could probably see I was in shock and how humiliated my face looked.. I tried to smile and be polite to make things less awkward and embarrassing. In the police car she checked my records and they came up clean so she gave me my court dates and I was free to go. She even smiled at me which I thought was a good sign.

My question: Do I need a lawyer for any of this? If I get one, what would he/she do that I couldn't if I went in myself? I e-mailed one lawyer and he told me he was convinced that he can get me diversion... I just don't think an 800$ price tag is plausible for this kind of thing. Can I do it myself? How can I do it myself? I just want to get myself out of this mess in as little time as possible.

I know I made a huge mistake and I acted on impulse which I readily admit was wrong, this was the first time I ever stole anything and I'm positive it will not happen again. I just wanted to save myself a few bucks, but this is the wrong way to do it. My mother is so disappointed in me that I can't even look her in the face and it kills me. I don't know how I can handle having this eat away at my conscience for another month or more..

[nabdulk2]

Oh, and I forgot to mention, I'm not banned from Loblaws, I asked them if I could still go grocery shopping to which they said 'Thats fine, we just don't want you to take anything else, in the case that you do, you will be charged for trespassing'

[JudyKayTee]

I see you taking no responsibility for your actions (you are embarrassed to have been caught more than anything else) PLUS you are offended by the attitude of the people you were stealing from. If you cannot express your contrition to the Court, you need an Attorney to speak for you.

Here's something I wrote:

“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 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.”

[Fr_Chuck]

Easy choice, open your mouth in court sounding like a spoiled brat that got caught or hire an attorney to work out a deal..

If you don't get a diversion program you have a misdemeanor on your record for the rest of your life, it will cost you jobs, promitions and more.

800 is a small cost to save your future careers and earnings.

Also remember you will get normally 200 or 300 in money that the store will expect to be paid in a month or two from them.

[nabdulk2]

Oh no, don't get me wrong, I take full responsibility and have absolutely NO excuses for what I did. I'm sorry if I come off as a brat, that was not my intention.

[MandieDwood]

Well 5 years ago I was 18, I attempted to steal a $75 jacket from Sears, I got charged with theft under $5000. Honestly I am so happy I got caught! Its been 5 years and now I am going to college to become a nurse, so m past is haunting me. I have to have a clean record in order for me to get a job and accepted. I got accepted into the program because I explained to the Chair or the college that I was just some punk kid who needed a good reality check and swift kick to the arse. Now I got a job offer to be a Personal Support Worker for a LTC facility in Ontario. The only issue I have is if my record will be cleared.. Its been 5 years since I was charged and convicted. I remember the clerk telling me that in 5 years I can ask for my record to be cleared.. I'd like to know if its true and if I can... I'm going to be calling the local station anyway but I was hoping to jump the gun on this one. But if anything I hope you don't get away with this, I really hope you got charged and convicted. Because for you to cry and complain about how they treated you, you deserve it. Im glad I got caught and punished because who knows how I would be today, I just want a clear record because of the career path I have chosen requires you to have one. But if I were to explain to them I have one and how glad I am I got caught I'm sure I would get the job because it was a learning experience I would never forget.

[nabdulk2]

Just an update. I got the diversion, paid my charity fine, and did the workshop. My record is now clean. Its been almost 2 years and I have not attempted to steal or do anything illegal. I'm glad I got the diversion because the arrest itself was a good reality check. I've moved on and told all of my friends not to follow in my path, which all they all now do. The workshop was especially eye-opening because I heard other peoples stories and it made me realize how immature I am for stealing makeup. Thanks for all your advice.

[fefefleur]

Im 18..
And the same thing happened to me today.
I am embarrassed and so ashamed.. for the last 5 hours all I have been doing is crying.
I do own up to my actions of selfishness. All I feel is regret and guilt. Like yourself I've never stolen before and my record is clean.the worst part.. is my parents don't know. I could possibly lose my job . I honestly don't know what to do.. I was hoping you can give me a few pointers

[JudyKayTee]

Im 18..
and the same thing happened to me today.
i am embarassed and so ashamed.. for the last 5 hours all i have been doing is crying.
i do own up to my actions of selfishness. all i feel is regret and guilt. like yourself ive never stolen before and my record is clean.the worst part .. is my parents dont know. i could possibly lose my job . i honestly dont know what to do.. i was hoping you can give me a few pointers

Did you read what I wrote about diversion? That's what you do.

[fefefleur]

After the diversion program is everything cleared? Will my police record still be clean? And I want to know since it happened in the mall am I banned from the whole entire mall of just the store it happened in. they were specific or the store but since it happened in the mall I'm unsure.

[JudyKayTee]

After the diversion program is everything cleared? will my police record still be clean? And i want to know since it happened in the mall am i banned from the whole entire mall of just the store it happened in. they were specific or the store but since it happened in the mall im unsure.

Here's my problem - are you actually reading what I wrote. "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.

There are no guarantees. Sometimes the store will INSIST that the person have a criminal record. Your Police record is "clean" to the extent that the average background check will not show this arrest. A background check for the Government or a Government agency WILL show the arrest.

USUALLY it's just the store - of course, that store shares its photos and experiences with other stores so they will be aware of you.

I don't know if you want to take the risk of being asked to leave another store in the same mall.

[fefefleur]

I was reading it but, I didn't fully and thoroughly understand it; hence, why I asked the questions. Thank you for you're help. Hopefully everything goes well. I'm praying that it does.

[xsosorry]

Hey fefefleur, I'm curious to know how your case turned out. I am in a similar situation and I'm trying to gather as much information as I can.

[jlou24]

Hi can you help me ? I got caught thieft in the store police release me but he gave me ticket. I don't know what to do I can't afford to get a lawyer all I can do is to pay the voluntary payment total payable what to expect? I don't want my family know even my employer.about my stupidity?

[JudyKayTee]

hi can u help me ? i got caught thieft in the store police release me but he gave me ticket. i dont know what to do i can't afford to get a lawyer all i can do is to pay the voluntary payment total payable what to expect? i dont want my family know even my employer.about my stupidity?

Were the Police called or did you deal with store security? If it's store security you pay "retribution" when you get the bill and probably the Police won't be called.

I don't see any indication that you were arrested.

[jlou24]

Hi went out the store with unpaid items worth 135 dollars. Its my first time in my history I don't know what makes me do this... I return back the items they called a police and the police give me ticket. My question is if I pay mean I plea guilty bt in all option that all I can afford for now no one is with me and I don't want to lose my job and give trouble to my family... I want to choose the option 1 which is voluntary payment of the amount the ask 65 dollars and mail it to the ontario court of justice.what do I need to expect after this? This record will remain to under my name? I'm going to pass my application for open permit this year.. is this might affect my application please anyone with a knowledge about my case can you help me.. give me some advice what to do.. thank you so much for your time reading my problem..

[JudyKayTee]

Yes, you will have a criminal record. Yes, it will effect your Immigration status.

You also will probably not be allowed to enter the US.

You didn't say in your first post that the Police were called. Your ticket was instead of arresting you and taking you to the Police Station in handcuffs.

[jefferymk]

I bought two phones but it ended up being stolen and was arrested and charged for it. Coincidentally it was stolen right where I work. I was charged with theft under 5000 and its my first offence. What will most likely happen?

[JudyKayTee]

I bought two phones but it ended up being stolen and was arrested and charged for it. Coincidentally it was stolen right where I work. I was charged with theft under 5000 and its my first offence. what will most likely happen?

Read the posts on this thread - it's the same.

[preciousbabyK]

Well. I am in my early 20's, I have a child and am expecting. I went to Walmart and was getting groceries. I went into the bathroom and filled my bags with the groceries and walked out. I also had a toy and some sweaters. Ask I was in the parking lot, I was approached by loss prevention and arrested. My total cost was just under $500. They asked me if this was my first time offence and I had said yes. When the officer came, he said it was my second offence. When I was 13, I was in town with some friends and they stole drinks.. pops, juice etc. At the time, I was unaware these were stolen and was drinking them. I was arrested for theft because I was drinking stolen product. I didn't know that was counted as a first offence because nothing was done about it and I was also a youth and didn't steal myself.

My question.. what can I do? What will happen to me! I am so worried I haven't been able to sleep for days.

The cop told me he would ensure the courts new I had my child with me and was using the stroller to commit a crime.

I don't want to loose my children.

I have a bed life at the moment but don't care to explain because its no excuse for what I did. I can't believe how stupid I was and how bad of an example I was for my child, let alone risked losing my child.

I am on welfare, lost my only job, am being evicted, and all this happened within 3 months when my children's father got drunk and beat me up and was removed from the house and charged with assault. That's when I lost my job, went on welfare and welfare couldn't pay my total amount of rent so I am being evicted. I still haven't found another job yet and am having a hard time finding childcare also.

I couldn't afford my groceries... Christmas is coming up and that's why I had the toy and some sweaters because I can't afford maternity clothing and needed something to wear.. the police saw I was wearing holed shirts and such.. but its still NO excuse for such stupidity.

I am starting school in 2013 to become a teacher.. This could ruin my career..