Adam Goodman - Toronto Shoplifting Lawyer - Toronto Theft Lawyer
This article focuses on offences arising out of a charge involving the taking of items from a retailer. It does not necessarily apply to those charged with other property-related offences.
Shoplifting
There is no actual charge in the Criminal Code of Canada called shoplifting. The charges typically laid are theft under (provided the value of the goods taken are under $5000) and/or possession of property obtained by crime. Theft, defined in s. 311 of the Criminal Code of Canada, involved the deprivation, permanently or temporarily, of another's item without "colour of right". Possession of property obtained by crime, defined in s. 354 of the Criminal Code of Canada, involves one knowingly possessing property that was obtained as a result of a criminal act (which would be the theft). Thus, one can be charged for receiving a stolen item if they know it to have been stolen.
The vast majority of those arrested for "shoplifting" offences will be released by police on a summons (the actual document is a little yellow ticket that looks very much life a traffic ticket). The summons will contain a court date as well as a date to appear at the police station for photos and fingerprints. It is important for those charged to appear for both these dates or they could be charged with additional offences. A lawyer can be hired to appear in court on behalf of someone charged (the person charged would still need to appear for pictures and prints).
In a large number of cases the Crown will offer those charged with shoplifting-related offences the opportunity to complete a program called diversion or direct accountability (see below). This involves the completion of a program consisting of one or more tasks, after which the charges will be withdrawn or stayed. For those found guilty of shoplifting-related offences, the potential penalties can range from an absolute or conditional discharge to jail time. Toronto criminal lawyer Adam Goodman has experience defending those charged with shoplifting-related offences. Contact Adam today at 416-466-6793 for a consultation.
Diversion
The decision to offer diversion falls solely in the hands of the Crown Attorney. A major factor the Crown will consider whether one has been charged before. A large number of those charged with shoplifting-related offences have never been charged before; often they are people who made a poor decision and regret this choice. While it is still possible to be offered diversion if one has been charged in the past, it can serve as a barrier. Other factors include the value of the items taken and the circumstances of the offence.
There is no standard diversion program. In Toronto, those who enter the program will meet with a diversion worker who will set-up some type of program. This can include one or a combination of the following:
- Charitable donation.
- Community service hours.
- Completion of a course about shoplifting.
- Letter of apology.
- Any other task deemed appropriate by the Crown or diversion worker.
Once the required tasks are complete, the Crown will withdraw or stay the charges. This means that there will be criminal record or finding of guilt. Once this is done, it is possible to make an application to the police force who made the arrest to have pictures and fingerprints destroyed.
The decision to enter diversion is an individual one. While diversion can be a simple way to move on quickly from being arrested and charged, there is no obligation to accept the Crown's offer and enter the program. Some refuse the offer (particularly in cases where they must make an admission of wrongdoing and are factually innocent of the offence). Like any criminal offence, an individual charged has the absolute right to have a trial. For those who refuse (and those who don't complete the requirements of the program and have the offer withdrawn), the case will proceed through the system in the same manner as other criminal charges.
One common question is whether one needs a lawyer when they will likely be offered diversion. This is an individual choice one must make. Where a lawyer can be most helpful is in cases where the Crown has refused to offer diversion. In such a case a lawyer can conduct a pre-trial with the Crown to see if they would reconsider the decision. Toronto Criminal Lawyer Adam Goodman has experience dealing with clients involved with diversion programs. Adam will also be pleased to provide a consultation, for a fee, for those who do not plan on retaining counsel but would like more information about their legal interests and prospects for being offered diversion.
For more information, please see my FAQ on Diversion.
Civil Recovery
Many stores have engaged in a process called civil recovery. Essentially this involves threatening a lawsuit against those charged with shoplifting as a means of recovering inventory losses and security expenses. Please see this entry on aglawblog for more information on this process.
Having the assistance of an experienced Toronto Criminal Lawyer on your side will help you better navigate through the court system. Contact Toronto Criminal Lawyer Adam Goodman today at 416-477-6793.
