[We_Evolved]

I worked at sears for 6 months or so, I had had stolen around 400 dollars worth of video game accessories over a short period. I was then caught on camera taking $10 out of the cash register due to the fact I didn't have any money at the time being. After getting caught red handed I was confronted about all of the empty packages I had stolen from, I confessed even though they had no proof. This is my 1st time ever being charged or given a court date.. I am 18 years old. I am starting an apprenticeship next year. I am scared and do not know what I am in for. I don't plan on getting a lawyer considering I am clearly guilty. I wrote a voluntary statement. Please help me out.

[JudyKayTee]

Well, I would start by not making excuses such as you took the money "due to the fact [you] didn't have any money at the time."

Sears/KMart follows through. Theft from an employer is a lot more serious than theft from a stranger.

Retaining an Attorney has little to do with being guilty and a LOT to do with having a criminal record.

You need an Attorney, particularly since you have admitted to the crime in writing.

[We_Evolved]

If I can't afford an attorney what other options are there. I live in Ontario Canada.

[We_Evolved]

If it ends up being put on my record, will it be possible to have it cleared in the future?

[JudyKayTee]

Here's something I wrote that might help you:

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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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

[We_Evolved]

Thanks for the information. Would anything in regards to when I was a young offender have any impact on my results? I just recently crossed the border into adulthood.

[JudyKayTee]

Yes, your entire record will be taken into consideration - the Police/Court CAN "pull" your entire record. Nothing is hidden.

[Ceffy13]

What was the outcome? I am in the same situation with sears but for 5.75$ never been in trouble and I'm over 19... so could you tell me what happened to you

[JudyKayTee]

This is from May 2010 and the person who asked the question has not been back.