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    jaedis's Avatar
    jaedis Posts: 8, Reputation: 1
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    #1

    Sep 27, 2011, 02:23 PM
    Eligibility for diversion (Offence: Theft under 5000 from employer)
    Just a day ago I was fired from work, arrested by police and charged with theft under $5000 from my employer. My employer company and I put down a written agreement for me to repay $460 (instead of the initial $800 they accused me with) to them over the course of a few months, and with the policeman I had been quite cooperative. Dorky, even.

    Before I seek legal advice, however, I'd just like an idea of what I can expect. I reviewed the criteria (in British Columbia) for the diversion program, and thought I was relatively eligible seeing as this is my first offence and I am willing to take responsibility for what I have done.

    Seeing as this is theft from EMPLOYER however... I'm aware judges treat this offence pretty seriously. What do you think my chances for diversion are? It's my first offence, and I have given statement while with the police. I know I need to get the judge to consider giving me diversion, and after that I need to attend an interview.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 27, 2011, 03:29 PM
    You were quite cooperative with the policeman... dorky, even. What does that mean. You weren't sincere, but you were in a position of trust with your employer and this is why Canadian judges are so hardline about an issue like this.

    'You need to get the judge to give a diversoin programme'. May be hard to do considering the circumstances.

    We can't say what will happen.

    Tick (canadian and proud of it)
    jaedis's Avatar
    jaedis Posts: 8, Reputation: 1
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    #3

    Sep 27, 2011, 03:33 PM
    Let's just leave it at "I was cooperative". By dorky I meant that I was alluding to the fact that I kept asking questions pertaining to my situation.

    Seeing as I was in a position of trust, I expect it's not going to be too easy for me to convince the judge to consider granting me diversion. Maybe speaking to duty counsel will better my circumstances?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Sep 28, 2011, 04:28 AM
    Duty Counsel is a good idea, you need a lawyer anyway. I don't see how it will better your circumstances though and just hope the judge sitting that day is in a good mood. Good luck. Comb your hair, wear a suit, polish up.

    Tick
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #5

    Sep 28, 2011, 04:38 AM
    Read back everything chuck and excon have told you. It is the best advice you will get here and follow it. There is nothing else you can say.
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