[trishbu]

Hi,
I got caught for changing a price tag and buying an item and then stealing three small items; totallying under $30. The store let me go after faxing my information to the police in Ontario. Anyone know if I will be charged if they let me go or if the police will be contacting me? Also, it's disgusting, but I'm 35, not just a teen - are the laws different. Will I be charged for sure. Lastly, first time (and last time) offense.

[ScottGem]

If this is a first time, you will probably qualify for a diversion. I don't believe the diversion program is age specific.

But if they faxed the info to the police you will be charged. There are many threads in this forum that discuss the diversion program. I suggest spending some time browsing around.

[trishbu]

Do you know that I will be charged for sure? They had told me that the police would review the fax and then if I receive a letter in the mail from them it means I am being charged and need to be fingerprinted and go to court. The one security office told me that chances are they wouldn't send me a letter because the stolen goods amount was so low. Any idea

[ScottGem]

No idea. Normally its up to the store as to whether to press charges. So the security person may have been snowing you to keep you calmer.

So sit back and keep your fingers crossed. If you are charged then you ask for a diversion.

[trishbu]

Thanks so much for your responses. I feel a bit better; still feel dumb for having done what I did, but a bit better.

[JudyKayTee]

No idea. Normally its up to the store as to whether to press charges. So the security person may have been snowing you to keep you calmer.

So sit back and keep your fingers crossed. If you are charged then you ask for a diversion.

Actually there is no age restriction BUT, as always, if there is a question whether a person will be approved for diversion an Attorney is a very good idea, particularly when the person being charged is not a minor.

Quoting myself: "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 Curt 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."