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    whiterabit's Avatar
    whiterabit Posts: 1, Reputation: 1
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    #1

    May 10, 2010, 10:58 AM
    Theft under 5000 canada
    I was charged for theft under 5000$.
    I had to go in court at end of this month.
    This is the first time happened to me such a thing, never got not even a parking ticket, I am an honest person I didn't had to deal with police never in my life...
    I don't want to get a criminal record, this is the most important thing.
    I have consulted a lawyer here in Montreal, he said he will do his best to help me in order to not get a record.
    I did told him about the diversion program.
    He sent a letter to the court explaining that happen and ask the court to not judge this case as is my first offense and I was really disturbed about all this experience with police and I am not the person that will repeat this experience.I have paid him 400$ for this letter.Of course he assured me that are big chances to not have a case and charges to be withdraw.
    As today , we haven't receive any reply from court, I call the lawer and ask him what happen next.
    He said we will go together on 29th May at court, and see what case they have against me and will discuss with me after the possibilities. He said it's better to plead not guilty, but then I will have a case and have to pay him many time for going with me in court.
    I told him I don't want this as I can't afford to pay him every time 300$, and at first appearance in court to ask for diversion program for me But he told me is not possible because if I plead guilty I will get a criminal record.

    Please give me your advise what I should do... I got the impression this lawyer is only after my money.
    Can we ask for diversion when we go to court on 29Th May?
    What is the best way to go? I honestly tell you I am really scared because I don't know what to expect.
    jayys's Avatar
    jayys Posts: 14, Reputation: 1
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    #2

    May 10, 2010, 06:19 PM

    If it's your first time getting arrested, and first time appearing to court, yes. You are eligible for diversion program.
    A letter? I'm confused.. You can't talk or contact with judge before the court date so how did your lawyer gave letter to the judge before the court date? And letter isn't even necessary to bring unless they asked you to bring it to court when you got arrested. I went through same situation and I didn't hire lawyer I just went to court alone and
    I was eligible for diversion program.
    You just go to court an hour earlier and go find 'duty council'
    And ask them to arrange you with free attorney.
    For me, I went to duty council and asked and they said since it's my first time appearance to court, you don't even need that
    Just go into court room and wait until your name to be called when they announce list of people's name who are eligible for diversion program, and even if you didn't hear your name, go up to them and
    Ask them for diversion and tell them it's your very first appearance to court. That's how I got the diversion.
    Sounds like your lawyer just wants your money.
    Are you in Canada Ontario?
    It might be different depends on where you are but
    I'm just telling you what happened to me and
    I don't see why you won't get a diversion program.
    You go to the court alone, and if you didn't get diversion(which I don't see why not) then you can get a
    Lawyer to convince the judge then. But for now, if I were you,
    I would just go in myself. Make sure you talk to duty council
    Before you go into the court room though.
    Hope it helped :)

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