[glasshalfull_10]

I am a 19 years old and being charged with theft OVER 5000 from an employer. The police officer dealing with my case said it is unlikely that I will do jail time. I have made retribution within the hour of being accused and wrote an apology letter to the owner and will be pleading guity in court. I am wondering if it is likely I will be given a conditional discharge? If there are any programs I am eligible for? If not how will a criminal record affect my life?

[joypulv]

Assuming that you have no other criminal history, most of this will depend on what the employer wants. Be early, well dressed, and respectful to the court. If you can afford a lawyer, get one. You might get a fine, the employer might want court costs, and community service. You will always have a record. After about 7 to 10 years, many employers (except gov't, military, etc) won't find you on a background check unless they are willing to pay to go back that far.

[Fr_Chuck]

The police officer is lying, they are allowed to lie, they may lie about what evidence they have, they may lie about a deal if you confess.

Do not dare plead guilty in court without an attorney and without a plea deal in place.

This is a serious crime and no a conditional discharge is most likely not even a possibility.
Probation for several years, and a large fine is about the most you can hope for. And a short jail stay is a real and I mean a very real possibility.

So go to court, plead not guilty and ask for an attorney to be appointed if you don't have one.
And can not afford one. If you can afford one,hire them now. They will arrange the sentence before you plead guilty.

And I will disagree further with the above, it costs no more at least in any place I have lived to get a full background check. So a crime from 30 years ago, shows up just as easy as 3 months ago.

[JudyKayTee]

I am a 19 years old and being charged with theft OVER 5000 from an employer. The police officer dealing with my case said it is unlikely that I will do jail time. I have made retribution within the hour of being accused and wrote an apology letter to the owner and will be pleading guity in court. I am wondering if it is likely I will be given a conditional discharge? If there are any programs I am eligible for? If not how will a criminal record affect my life?

I am guessing Canada -

The Police Officer cannot give legal advice nor does he know what the sentence will or won't be. Sounds to me like he needed a signed confession, and that's how he got it.

Theft from an employer is not treated lightly.

A criminal record will affect your insurance, credit score, ability to find employment. I would NOT enter a "guilty" without speaking to an Attorney.

If you are in Canada let us know and I'll post what I wrote about the diversion program.

[glasshalfull_10]

I am guessing Canada -

The Police Officer cannot give legal advice nor does he know what the sentence will or won't be. Sounds to me like he needed a signed confession, and that's how he got it.

Theft from an employer is not treated lightly.

A criminal record will affect your insurance, credit score, ability to find employment. I would NOT enter a "guilty" without speaking to an Attorney.

If you are in Canada let us know and I'll post what I wrote about the diversion program.

I am in cananda and I already confessed when I made retribution to the owner didn't I? Thank you all for your advice and information!

[JudyKayTee]

I am in cananda and I already confessed when I made retribution to the owner didn't I? Thank you all for your advice and information!

You wrote a letter of apology - that's also a confession.

Here is how diversion works in Ontario (something I wrote). All of the Provinces have something similar:

“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.”

[joypulv]

I'm curious about the background checks. All the sites I've ever looked at charged more for the further back they searched, and I have been led to believe here and elsewhere that employers don't usually opt for that.

[JudyKayTee]

I'm curious about the background checks. All the sites I've ever looked at charged more for the further back they searched, and I have been led to believe here and elsewhere that employers don't usually opt for that.

Depends who/what does the background checks - insurance companies, for example, usually go back a handful of years for auto/homeowners. If bonding is required it goes back forever - for banks, etc. Government will go back to your first breath.

When I am asked to use a source I "normally" go back 10 years. Would that turn up an 11 year old felony? No, of course not but at some point a person has paid his debt to society and life should go on.

No pat answer here. Employee theft can haunt you forever. Sexual predators I think should go on forever.

[glasshalfull_10]

You wrote a letter of apology - that's also a confession.

Here is how diversion works in Ontario (something I wrote). All of the Provinces have something similar:

“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.”

Hmm okay thank you! I will definitely be getting a lawyer than! I was thinking I didn't need one because I wasn't arguing anything because I did wrong my employer... But now I think I need one.

[JudyKayTee]

Hmm okay thank you! I will definitely be getting a lawyer than! I was thinking I didnt need one because I wasn't arguing anything because I did wrong my employer... But now I think I need one.

It never hurts, even if it's a consultation and that's the end of it.

As I said, employee theft is treated somewhat differently.

I think you really regret the theft. You MUST make the Court see that.

[glasshalfull_10]

It never hurts, even if it's a consultation and that's the end of it.

As I said, employee theft is treated somewhat differently.

I think you really regret the theft. You MUST make the Court see that.

Oh I sure do. I've learnt my lesson! Thanks again :)