[MikeS15]

I am a first time offender of Theft under $5000. I admitted to taking $121 at my work. (jacket&shoes). This happened in BC, Canada. I am truly remorseful of my actions. I want to pay back my work but I feel if I go back, that's trespassing. I cannot afford a lawyer, I am a full-time student, and I was fired which I deserve. 3 other people were caught stealing and they were let go. No arrest/charge, which feels unfair, but I committed the crime nonetheless. So I want to know,my chances at getting diverted or into the alternative measures program. I plan on going on my court date and talking to duty counsel and hope I can get diverted. I am a criminal law student, and I'm planning on transferring to university soon, and this charge can ruin my chances at future employment and travelling. I admit I made a STUPID mistake which I regret terribly, I am trying to pay back my work, but my manager says I have to wait until I am contacted. I would take it back if I could...
Any answers would be helpful.. thank you!

[JudyKayTee]

You may not qualify because it's employee theft - BC is similar to Ontario: “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.

Here is something I wrote:

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satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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

Yes, even diversion will affect your law enforcement career.

[MikeS15]

So in order for the diversion to happen, I have to be approved for it before my court date? Or when I do go to my hearing they will hear my side and make a decision then?

And also I plan on talking to duty counsel tomorrow (my court dates 1 month away), is there a way they can help me prepare or do I have to wait till my hearing for them to help me?

Thank you!