[girly1988]

I have been charged with theft under 5000 from my employer. I have already paid everything back and have provided a statement when asked. I was very co-operative with the police and the loss prevention team. I still have to get fingerprints and my court date isn't until March. I recently just got a job and I am still in university in my third year. I have many people writing me character references. This is my first offence and I am 20 years old living in ontario canada and I do have a lawyer. I am just wondering what kind of charge I am looking at? Is diversion possible?

A friend of mine was charged with theft over 5000 from an employer and he paid everything back and his case got thrown out!

Also, I am supposed to be going to the US for a wedding in March, a week after my first court appearance, is it still possible to go to the wedding?

Any help would be great!

[JudyKayTee]

I would not expect to be allowed into the US in May - even if you get diversion, I'm not sure you'll have completed the program by then.

I'll post what I wrote about diversion. However, someone JUST posted that diversion was denied because it was employer theft. Do you have any Attorney?

From what I read character references do not matter. You stole the money, you've admitted to it. What everyone else thinks about you does not matter in the eyes of the Court.

“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satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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.”

[Fr_Chuck]

First I am not sure "giving a statement and helping" really helped you, it gave them all the evidence they needed to convict you.

Also how much 4000 dollars is a lot different from 40 dollars

I would guess you will get a fine and probation.

The other case most likely got thrown out if they could not prove the case.

I would not make travel plans till this is finsihed

[girly1988]

To answer your question Fr_Chuck in regards to the case being thrown out, the police came to their house and found everything... they pleaded guilty and the judge decided the throw the case out since they paid everything back and are still in school

[JudyKayTee]

All sorts of factors are at play. FrChuck is right - as a general rule "What you say can and will be used against you."

Hope you have the same result.

[unsure117]

I had a similar situation to you and I was referred to mediation so for the diversion program so you just have to wait and find out

[JudyKayTee]

This is from February 2009 and OP has not been back.

There are more recent questions on the same subject.

[unsure117]

You don't need to criticize I have not been on in a while on this site and I just put my situation to see if I could help I didn't check when they were on last

[JudyKayTee]

you dont need to criticize i have not been on in a while on this site and i just put my situation to see if i could help i didnt check when they were on last

I didn't criticize - I reminded you of board policy. Sorry you took it so personally.

If you have a new question, open your own thread.

[harley55]

I'm just wondering what ended up happening with the charges, and if your lawyer was able to make you eligible for the diversion program?

[JudyKayTee]

You did read that this is over 2 years old and the person who asked has not been back, right?