[sadsadlady]

I got caught last week shoplifting in Hamilton, Ontario. No excuses. $120.00 worth of clothing / toiletries mostly for my 4 year old daughter. I have a good job. I am a teacher. I am recently separated from my husband and simply don't have the money for the extras that I used to be able to afford. Again, no excuses, just circumstances.

My life is quickly spiraling downwards out of control. I am having a difficult time focusing at work and even talking to my 2 children who are my world.

I was mortified when the police officer was a such a young man and I blabbered on that I was a teacher and a disgrace and was such a bad role model. It was truly and honestly th first time I have ever done something like that - although the policeman called that "bs" as I am sure in his eyes it is simply the first time I got caught.

I have been researching a little and it seems that I should be hoping for "diversion" which may be unlikely given the fact that I am 35, although this is my first offense. I have written a letter to the company from which I stole expressing my remorse and shame to the utmost degree. I am not sure to send it.

I guess my questions are as follows:
1) can I do anything to expedite the process? I am schedule for fingerprinting on the 30th of November and then court on the 7th.
2) can I ask / must I specifically ask for diversion ? When?
3) should I send the letter?
4) anyone I can talk to about what I think is headed towards serious depression? Any support groups suggested?

[josh01]

Your best bet is consult an attorney on this criminal case. Normally the courts do not move a court date.
If you have written a letter to the company in which the property was taken showing remorse, I would send it, it can't hurt.

If you truly have never been in trouble before more than likely you will not get very harsh punishment. Some resitution and perhaps probabtion.

I have been divorced myself with two children, its hard but never hard enough to shoplift anything. There are programs to help you and you daughter with finances if needed.

I would call a therapist to speak with. They can help you deal with depression. There may be ones at no cost to you and your daughter if your finances are low income. Call your city dept and check it out. Sounds as if you are seeking the help just don't give up and hang in there, it will get better. If you have a church you attend, go see your pastor. If you don't, there are still pastors you can go see during the day. Most are in there offices during weekdays. Ask around. Good luck and God Bless

[sadsadlady]

Thank you josh, I realize that there are larger issues at stake here but my thoughts are consumed by the impending trial.
Does anyone have any legal advice?

[ScottGem]

The Diversion program in Canada is open to ALL first time offenders. You should ask your attorney (or public defender) about immediately applying for that program.

What would then happen at the hearing is you show the judge that you have applied for or entered a diversion program and your case is put on hold until you complete the program at which time it is dismissed.

I do agree that you need to get some counseling. As a teacher, you should have good benefits to cover seeing a professional before things get worse.

[sadsadlady]

Thank you Scott. I was told that I did not need an attorney - that I would be provided with duty counsel before my trial. I find this all so confusing. And yes I will go to counseling for these underlying issues. I really feel that for my piece of mind I need to send a letter to the company and pay whatever penalty they impose.. . Is this a bad idea from a legal standpoint?

[ScottGem]

Sending the letter is a good idea. I'm sure they have more than enough evidence to convict you, so you aren't admitting anything they can't prove.

As for duty counsel, how far in advance of the trial will one be assigned? My feeling is not to wait for one to be assigned, but be proactive about asking for a diversion.

[sadsadlady]

For everyone out there. I completed my diversion process, and am now not sure if I have a criminal record but this incident has severely impacted my life. IN a sense - I simply can not get over this bad judgement that I made. I feel like I have disappointed so many people - even though no one really knows. My counsellor says I have to forgive myself but I feel like I will always live in shame.
Now the next step will be to see if I have obtained a criminal record as a result and how I go about removing it. I feel as though as I have lost my life. I feel scared to go out in public, irrationally paranoid. I am afraid that I will never be able to volunteer at my kids' school, or travel.. . What a life altering decision I made so stupidly

[ScottGem]

The main purpose of the diversion process is to not wind up with a criminal record. You need to read the paperwork involved and/or talk to your counselor.

[sadsadlady]

My counselor is not legal one, but yes, some investigating needs to be done. I am pretty sure that eventually it will be removed in a general sense but I believe that it will remain on CPIC database unless I actively pursue to get it removed / destroy fingerprints. etc. Thanks. It is very confusing and I need to go through the proper channels.

[JudyKayTee]

Even if you have it "removed" from your record it will still be visible to (mostly) Police agencies and, depending on the type and thoroughness of the check, certain background investigators - also can keep you from entering US.

It's a heavy price to pay, I agree.

[sadsadlady]

Actually after some research - I see that it is considered a withdrawn charge and I can submit in writing to have my record destroyed after one year which would effectively remove it from CPIC (which can be accessed by FBI)
Some light at the end of the tunnel I suppose.

[depressedca]

Hi Sadlady,

Did you get an attorney to get the Diversion program? I am in the same situation and felt really sick now.

Thanks a lot,

depressedca