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MontanaG · Mar 27, 2011, 08:07 AM

I was charged with fraud under $5000. I returned 2 items to a store that I dd not buy. I was caught on tape grabbing the items of the shelf and heading to returns. The 2 items came to $220. I was wondering what kind of sentence I'm looking at. This is my first iffence and I am 18. I have a hearing in the court in about a month.

JudyKayTee · Mar 27, 2011, 08:10 AM

Probably a fine, a stern warning, possibly probation. You will probably be banned from the store/mall for a period, usually a year.

I can't imagine jail time. This may or may not go on your permanent record.

I would be VERY apologetic in Court.

MontanaG · Mar 27, 2011, 08:12 AM

Thanks. I have been banned for 1 year starting yesterday.

JudyKayTee · Mar 27, 2011, 08:13 AM

Come back and let us know how Court works out.

All the Court care about (basically) is that you learn your lesson. Did the store ask you to pay for their out-of-pocket expenses in stopping you and holding you for the Police?

MontanaG · Mar 27, 2011, 08:15 AM

No the police showed up asked what happened and gave me a slip with a date for hearing and fingerprints.

MontanaG · Mar 27, 2011, 08:15 AM

I'll let u know what happens.

JudyKayTee · Mar 27, 2011, 08:16 AM

Good. It can be expensive if the store asks for restitution.

Fr_Chuck · Mar 27, 2011, 08:16 AM

How many items were not returned ? If there were items that were not returned, have you since paid for them ?
If the items you took were already opened, did you pay for them also ?

What have you done at this point, have you given the police a confession ? Where are you at, laws in Coumbia will be different than Canada or the US

MontanaG · Mar 27, 2011, 08:20 AM

I'm in Ontario Canada. The store opened the items to check them at returns to make sure nothing was wrong sight them. All items were returned at the same day.

MontanaG · Mar 27, 2011, 08:21 AM

Ya. I hope there's no fine.

Fr_Chuck · Mar 27, 2011, 08:28 AM

You can request a first offender program, where after probation there will be no record.

After that there will be fines, the store will also send you a bill ( they call it a private fine)

MontanaG · Mar 27, 2011, 08:30 AM

Ok thanks.

JudyKayTee · Mar 27, 2011, 09:59 AM

Right, the fine (by the Court) and restitution (by the store) are different things. Here is something I wrote about the Canadian diversion program:

“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.”