Shoplifting, Larceny, Robbery, Theft Employee Theft under 5000

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jaedis

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I'm in a huge bind. Two days ago I got fired because for around 3 months I've been swiping cash from a till where I worked as a delicatessen clerk. When I was caught, LP confronted me and told me they would not press charges or call police-- they simply told me that the cash that went missing during my work shifts amounted to 800. I reasoned with them and we came up to a sum of 460 instead. The LP made me sign a form that promised I would return the 460 over the course of 10 months.

Then, the LP's boss told him he had to call the police and I was arrested. I was released relatively quickly under promise to appear in court, and my appearance is scheduled for January.

I am 19, a university student, this is my first offence and I hadn't known the heavy consequences of breaching a position of trust. I am alone on this and my parents will kick me out of the house if they know! I really don't want to go to jail, I regret what I did, and I really am willing to take responsibility! I've got my eyes set on applying for diversion (in British Columbia), should I seek the help of legal representation? Such as duty counsel since I cannot afford a lawyer? Please, any advice;;
 
I've looked into my options for legal representation... So far by the looks of it, I think the best I have right now is a society situated in my university that may be able to get a law student to represent me.

Are my chances for diversion quite low?
 
It depends on the criteria for Diversion there. This is US based site so its difficult to answer. Youmight also seek consultatioins with Attorneys and ask questions. Many (here at least) offer free consultations. It would b ein your best interest to get as many as possible and arm yourself with knowledge. This is especially true since your seeking legal help from students who probably cannot represent you in court
 
I had looked into the criteria for Diversion in this province. Crown Counsel (prosecutors) may consider Diversion if:

• the crime was not serious,
• you have no criminal record (or
only a very minor record from a
long time ago),
• you committed the offence, admit
guilt, and take responsibility for
your actions, and
• you are remorseful and willing to
take steps so that you do not return
to the court with new charges.

I easily meet the criteria for the last three, but here Canadian judges are said to be quite hardline about employee theft and treat it very seriously, so I clearly do not meet the first condition. Do I still have a chance if I have a representative? Will I have to go to jail even for a first offence?
 
There is a HUGE differenc ein a Judge viewing a crime as serious and the law viewing it as serious. I still see you as having a pretty decent shot. by the way you say "you here" who is this source of info and how reliable is this source?
 
Say I come to the situation where I have to try to ask for a more 'favorable' sentence, I believe here people are required to convince the judge. At trials, it seems the judge will treat me (the defendant) as if I were innocent, and the prosecutor must prove with all of the evidence he has that I am guilty of the offence.

This source is quite reliable, it's from http://www.justiceeducation.ca if you would like to take a look. The English pdf of it even contains a form that can be filled and submitted.

I do feel a little better seeing as you've said I have a 'pretty decent shot', so I should give it a try. Is my offence a summary conviction offence or indictable? I was looking at some sites to get information and got confused.
 
One suggestion I have is that you enroll and complete (if possible) an anti theft course before court. This will show both action and remorse on your part, always good in a Judges eyes!
 
I will take a look, but I don't think in Canada they offer courses like that... At least maybe not in British Columbia? I've done a fair amount of research to try to remedy my situation since the incident of my offence, and don't believe I've stumbled across any info regarding to anti-theft courses. :(
 
You might go ahead and take the course - all your after is to prove to the Judge you are remorseful and have taken action to correct your actions.
 
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