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TOJoe · Jun 13, 2009, 12:05 AM

Hello there. So I've been reading the posts regarding this issue on here and had my own few concerns if anyone can help.

I was caught stealing from work three weeks ago and was recently charged with theft under. I have to go for fingerprints in a month and my first court appearance is the end of July. Have been talking to a few employers but can't find a good one (issue is in ontario, but not toronto). Have a meeting with one on Tuesday so we'll see how that goes. I am thinking about pleading guilty but hoping for a pre-trial diversion or an absolute discharge if possible. Long story, but although I stole, I was not in a position of trust so the breach charge was dropped (thank GOD). Anyway, my questions are:

a) if I haven't been fingerprinted yet, does that mean there is no criminal record as of yet? Like for a general or extensive background checks?

b) until conviction, but after fingerprinting, are my prints only available to the charging police station or the CPIC?

c) is absolute discharge realistic if I can have half, maybe more money ready to pay back by the court date?

d) will going away to grad school at mcgill be jeopardized by this?

e) it wasn't a one time deal but the officer is charging me with one offense. I confessed to my manager when confronted by phone and sent a letter of apology to my manger, owner, and accountant. During the confrontation I was on on some heavy medication admitted doing it for the past two/three months but in reality it has been going on for a little longer, like four/five. I also said it was between 5-6k. The prosecutor and/or investigating officer are tallying up the sales records but it is a very hard number to determine I think. Either way, considering they have all the evidence required to prosecute me, should I be worrying about them digging deeper? Can the breach charge come back?

Any help would be appreciated. By the way, all the info on the diversion program and others experiences was very informative and clarifying.

Thanks.

TOJoe · Jun 13, 2009, 12:18 AM

Okay, so I don't know how to quote properly, but when I said talking to EMPLOYERS, I meant LAWYERS.

Sorry about the mistake!

excon · Jun 13, 2009, 06:14 AM

Hello T:

I'd hire me on of those employers, I mean lawyers. I wouldn't be sending any more "I'm guilty" letters either.

excon

TOJoe · Jun 13, 2009, 11:25 AM

No I know... I realize now that I could have probably gotten off the charges if I didn't confess. Stupid idea, but I really thought they were going to keep it private. Either way, massive lesson learned... its been the worse three weeks of my life and I am constantly stressed out, so you, lawyer is contacted. Just praying he's great, because I need one that is.

Fr_Chuck · Jun 13, 2009, 11:50 AM

The worst thing you ever did was confess. Never ever without talking to the lawyer first.

So now it is going to be very very hard to prove yourself innocent and even working out a plea agreement since the other side does not have much work to prove their case now.

Record, once you were arrested or charged, you now have a record in the police computer data base. The fingerprints have nothing to do with a "record" they are merely proof of ID, so the next time you are fingerprinted it will show what name you were arrested under, ( it is merely a way to prove your ID latter)

So the finger print will be available after being taken ( many are done on computer systems now, not ink and card)

But you are not convicted till you get sentenced.

First offender may be possible but you need to think of paying the entire amount back by court

Yes grad school if it is very competitive may be in trouble

TOJoe · Jun 13, 2009, 11:58 AM

Yes... I know now that you should never confess. But like I said, I thought at the time my boss would keep it private. Either way, I can't change the past now. I am ready to face the consequences. As far as being charged, I'm not sure if that's the same deal in canada as in the u.s. for example, if you get charged in one city but not convicted, that file is open in that city, not others... until you are convicted. That's what I've heard/read... just wanted to confirm.

excon · Jun 13, 2009, 12:02 PM

Originally Posted by TOJoe

if you get charged in one city but not convicted, that file is open in that city, not others...

Hello again, T:

If other police departments are investigating you, your file is available for ANY cop to look through. If you're charged and not convicted, then there isn't a file anymore.

excon

TOJoe · Jun 13, 2009, 12:07 PM

Thanks excon, that's what I meant. Like if I was charged in ottawa and look for a job in windsor, a background check will show up as cleared until I'm convicted correct? As of right now, only ottawa would have the file open (unless I do something in windsor and they investigate me)

emery · Jun 15, 2009, 05:42 AM

Hi there, best thing you did is get a lawyer and I also know someone who as you thought confessing would be best and that maybe a deal could be worked out in return for being honest however this person has also learned that this is not true and never to confess to anything however I am sure you know that now. My best guess would be a conditional discharge in this case.

TOJoe · Jun 16, 2009, 10:18 PM

Its so weird... confessing is being honest, yet the truth doesn't set you free in the eyes of the court system. That being said, I am hoping and praying that there are enough mitigating factors in my situation to result in a discharge, although I am pretty scared. Talked to a lawyer today, who has pretty much said that theft from employer is a serious charge which usually has a jail sentence. But being a first offender, confessing, showing remorse, education level, restitution, etc are all factors to consider. It also depends on the crown and judge (how lenient they r, their moods, etc). I just hope I have the right lawyer fighting for me... he seems like he knows what he's doing.

TOJoe · Jun 16, 2009, 10:22 PM

If you don't mind me asking, what did your friend confess to and the result of it?

emery · Jun 17, 2009, 05:31 AM

The same thing, theft from employer and the result was a conditional discharge

TOJoe · Aug 30, 2009, 04:57 PM

H everyone... just wanted to post an update on my situation. It has been a while since I posted and quite a few things have happened. I , or rather my lawyer, was given the disclosure documents on the first court date. Al though I admitted to taking close to $5000, I was charged for theft of $540, which was the day I got caught. So as far as the courts are concerned, apparently I have paid that amount back to my employers. In any event, I plead guilty and my lawyer suggested I get a pre-sentence report. The court date now is Oct 23. The judge, crown, and my lawyer will get the reports to them by that date. A pre sentence report is essentially a parole officer interviewing you and finding out more about you, i.e. your side of the story. I spent about 3 hours with one here.

I must admit pleading guilty has decreased a lot of anxiety this whole time. While I do agree not admitting my guilt would have been best, it worked out because I got charged (and plead guilty) to a one time offence rather than the cumulated offenses. It was all on camera anyway so it would have been very difficult to prove my innocence. My pleading guilty, the crown has offered probation plus fine. My lawyer is going for conditional discharge. I hope to God that the judge accepts my lawyers offer ( I think the pre-sentence went really well so I'm a little optimistic).

In any event, there's just some info for people who might be in a similar situation. Will keep you all posted after I get sentenced.