Thanks for joining me today. We represent a lot of people who are charged with theft under $5,000 In theft over $5,000. And you obviously don’t want to get through charge dropped or withdrawn or get the best result possible. So I’m here to talk about that today. So let’s take your typical minor theft charge like a shoplifting or perhaps they steal a minor good from their neighbor’s garage or things like that. How do we go about trying to get this withdrawn or diverted? Basically, you know in otherwords, dropped? So it really depends, first of all, you have to have a client who’s got no prior criminal records because the court system and the judges and crown attorneys, they want to give a break on a minor theft charge to someone who’s got no prior criminal record. So through negotiation, we’re going to present the clients background. They’re good person , they screwed up, they need a one time error in their life. It was a shoplifting etc. And through some extensive negotiation with the crown, we’re going to try to get them to agree based on their good background prior good character that these charges should be withdrawn. And the programs which we have in Ontario for this are called diversion. It’s called exactly the DAP program direct accountability program. So what happens if the crown says you qualify for that program? Look, we’re going to give you a break, we’re going to drop the charges, but you have to go through t certain steps. So for example, you might have to do a little bit of community service. You might have to do a letter of apology to Zehrs or your neighbor, etc, and these types of things. So ultimately, if the crown agrees, you go through the steps. You meet with the diversion people and they agree to this he’ll sign a document basically admitting the offence. You admitted the offence and but he goes through those steps, but it’ll be ultimately withdrawn in court. So you have no prior criminal record. Now there’s going to be on police computer somewhere to access in case you have future offences, but it should not show up on criminal record check which is a great thing. So for a person who makes a one time hopeful, hopefully one time mistake their life and shoplift or steal as a minor good. We can often achieve this great result and get their charge dropped.
By Michael KrusePublished On: July 27, 2023Last Updated: October 17, 2023Categories: Theft, Video
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