Shoplifting is very common and is considered a minor criminal offense but being found guilty of a minor property related crime such as shoplifting can have a profound impact on a person’s future employment opportunities and travel plans. In some cases, the shoplifting charge will be the result of an accident on your part. It is easy to understand how paying for an item can be overlooked in certain circumstances. If you have been charged as a result of forgetting to pay for an item in a store, you always have the option of pleading not guilty and attempting to convince the judge that your actions were unintentional.
In some cases, there is also an option to ask for alternate measures, upon completion of which the Crown Prosecutor withdraw the charges.
How can I get my theft charge diverted?
Eligibility for the diversion program (Alternate Measures Program) is always determined by the Crown Prosecutor’s office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the prosecutor may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one or more of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity and/or complete a minimum number of community service hours and/or write a letter of apology.
Once the diversion program has been completed to the satisfaction of the Crown Prosecutor, they will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).
What can happen if I am found guilty of theft?
A theft from an employer is considered far more serious than shoplifting. The reason the courts and Crown's office treat these cases differently is due to the breach of trust that is committed by the employee. The person charged with a breach of trust theft will most likely be ineligible for the diversion program and may even end up getting a jail sentence depending on the nature and severity of the allegation. A theft conviction may also create difficulties for foreigners intending to become Canadians.
MISCHIEF
As per Criminal Code Section 430(1): Everyone commits mischief who wilfully:
destroys or alters property;
renders property dangerous, useless, inoperative or ineffective;
obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Section 430(2) defines mischief in relation to computer data. What is the difference between a mischief charge under $5,000 and mischief over $5,000?
If the value of the damaged item exceeds $5,000 dollars, the crown prosecutor may seek an increased punishment of up to ten years in jail otherwise the charge of mischief carries a maximum penalty of two years in jail but most mischief convictions will not result in any jail time.
What if the damage caused was just an accident?
As per the Criminal Code that the person who does the act alleged to constitute the mischief act “willfully”. An unintentional or accidental act will not meet the standard of willfully damaging property sufficient to secure a criminal conviction of mischief.
Do I have to run the trial or there are any other options?
Depending on the property damaged, the circumstances of the offender and the offence alleged, it may be possible to negotiate with the Crown Prosecutor to withdraw a criminal charge of mischief in exchange for reimbursing the victim for the damage caused which is called “restitution”. Often, paying restitution may result in a withdrawal of the criminal charge.
FRAUD
There are many different forms of fraud such as: credit card fraud, insurance fraud, tax fraud, property fraud, social assistance fraud, identify fraud, bank fraud, medical fraud and many others.
The significant difference between theft and fraud cases is the standard the Crown must meet to prove fraud beyond a reasonable doubt. To obtain a fraud conviction, the prosecution must satisfy that the accused committed an intentional act to commit a fraud and the accused's actions resulted in the victim's loss of property etc.
Punishment for Fraud: If Crown proceeds by indictment and the property obtained by fraud was under $5,000, the accused may be ordered to serve upto two years in prison, however, the Crown often elects summarily for less serious charges involving person(s) with no prior record. In case of fraud of property over $5,000 the sentence may be prison sentence upto 14 years. A dedication to proving your innocence and the drive and ability to follow through makes Edmonton’s Ranbir S. Thind your ideal Criminal Defence lawyer. If you or any of your loved one is facing theft, mischief or fraud charge(s), Call Ranbir S. Thind at 1.780.784.1295 or email us at [email protected] to schedule a consultation and put your criminal matter into the hands of an experienced criminal trial lawyer.