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    saysomething's Avatar
    saysomething Posts: 4, Reputation: 1
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    #1

    Apr 1, 2007, 02:42 PM
    Theft under $5000 - first appearance
    Hi, I'm a 21 year old living in Ontario. I was caught shoplifting at a grocery chainstore, and the police charged me for Theft Under $5000 and gave me a notice of appearance set for April. I have contacted a lawyer for advice, who told me that since it was my first offence, it is very likely that I can get a Diversion. The lawyer said to go to the Duty Counsel on my first appearance and ask him/her to help me apply for a Diversion. Also I won't need to retain a lawyer unless the Initial Sentencing Position is not a diversion.

    But I'm confused as to the process during the first appearance. Will I have to talk to the Judge and the Prosecutor? Will the Duty Counsel be representing me, or does he only give advice before I go into the courthouse? When asked to plead guilty/not guilty, do I say guilty when I want to apply for a Diversion? Is it possible to have everything resolved during the first appearance?
    doratheexplorer's Avatar
    doratheexplorer Posts: 1, Reputation: 1
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    #2

    Apr 2, 2007, 06:09 AM
    Quote Originally Posted by saysomething
    Hi, I'm a 21 year old living in Ontario. I was caught shoplifting at a grocery chainstore, and the police charged me for Theft Under $5000 and gave me a notice of appearance set for April. I have contacted a lawyer for advice, who told me that since it was my first offence, it is very likely that I can get a Diversion. The lawyer said to go to the Duty Counsel on my first appearance and ask him/her to help me apply for a Diversion. Also I won't need to retain a lawyer unless the Initial Sentencing Position is not a diversion.

    But I'm confused as to the process during the first appearance. Will I have to talk to the Judge and the Prosecutor? Will the Duty Counsel be representing me, or does he only give advice before I go into the courthouse? When asked to plead guilty/not guilty, do i say guilty when i want to apply for a Diversion? Is it possible to have everything resolved during the first appearance?
    Wow what a neet story, I have no idea what to do.. but I have have when tthrough this so here are all your answers.. okay so since you are over 18 it will go on your record, but since it is your first offence it should only be a warning... and when you go to court just tell them you don't want to be in trouble and they should let you go okay bye bye
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 2, 2007, 06:12 AM
    Don't worry about it. Do what the lawyer advised and let the Duty Counsel explain. If you want, you can try going to court earlier and speeak to the Duty Counsel to prepare.
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