Shoplifting, Larceny, Robbery, Theft Ontario Shoplifter, second charge of theft under 5000

[invioletlight]

Hi there,

I live in Ontario, Canada and am 25 years old. Seeing as there are only "lame"excuses for shoplifting, I won't get into why I did what I did, but in the space of two months I was charged with theft under 5000 twice. My first charge just went up in court, and due to my history of bipolar disease, I was offered a mental health diversion program. My second theft under 5000 charge is soon to be up in court. I realize I won't be offered diversion for this one, but what can I possibly expect? I realize the Crown won't be as accommodating as last time. I am told that even when charged with Theft OVER 5000, Ontario generally prefers to put non-violent offenders charged with theft and/or fraud under house arrest. Generally only internal thefts done by employees receive jail time here in Ontario. These are seen to be much more serious crimes than retail shoplifting as the employee is in a position of trust.

When my diversion program is completed, my first theft charge will be "stayed". Is it a fairly good assumption that I will be given parole or probation for my second charge (thus giving myself a permanent criminal record)? Apparently the charge is also dealt with by paying a monetary fine sometimes. Duty Council was very sympathetic and helpful with me first time around due to my history of mental illness and being currently enrolled in University. They really fought to get me off without a criminal record. Should I simply get legal aid this time, in the hopes a lawyer could negotiate a lesser charge?

*It might be worth noting that my diversion program had not been started at the time the second charge was laid.*

Thank you for any replies!

 

[thelawjournal]

We are not that familar with laws outside of US. However I will suspect your second offense will likey result in vioation of probation and lost of diversion. You need to talk to a Lawyer and to do so very quickly as this can get ugly fast for you. I will further suggest you enroll in an Anti Shoplifting program like offered by NASP . by doing so this will show action on your part. That "could" result in some compassion from Judge.

 

[invioletlight]

Right, but how would I be in violation of parole, if I was never placed on parole/probation for my first offence? Canadian or not, please read and understand the question being asked before you reply. You can easily create a misunderstanding this way, which is very easy to do when dealing with people who have little to no knowledge of the law.

 

[thelawjournal]

I understood and correcting posters will not get you the help you want. Since you are into reading reread my post (quote below) note the portion in bold

However I will suspect your second offense will likey result in vioation of probation and lost of diversion.

 

[invioletlight]

Of course it won't get me the help I want! That wasn't the point. The point was you misread my post entirely! I was given a diversion program, not placed on parole. I am not a lawyer, and even I understand the difference. .

 

[Guest]

"Dude" your attacking the admin of this site! Is that really smart? Oh wait your not smart you didnt learn your lesson and stole a second time! Its you who are not reading. He told you no one here is well versed in your laws

We are not that familar with laws outside of US.

He also told you he "suspected" you might be in violation not that you were!

However I will suspect your second offense will likey result in vioation of probation

Ok bottom line your a thief thats a given you stole twice not learning the first time! You need a Lawyer your in deep dog doo doo! Admin offered a suggestion that might help Judge show some compassion. You ignored that. Your too busy biting the hand that feeds you. Go read the testimonial section of this site! Real simple your looking at second offense and negative impact on your prior case (possibly) you need a Lawyer!

 

[Guest]

Of course it won't get me the help I want! That wasn't the point. The point was you misread my post entirely! I was given a diversion program, not placed on parole. I am not a lawyer, and even I understand the difference. .

I dont see what you saw. Most Diversion programs carry a "probation" period with them so I think its you who are misuderstanding. Unlike other forums we do not tolerate attacks on posters. No matter who they are! Please stop attacking those trying to help you or just go elsewhere

 

[StoreDetectiveVet]

The court gave you a chance with Diversion. You obviously didn't learn anything from it and stole again, they will see this and will now throw the book at you.