Toronto Shoplifting Lawyers – Tips on Defending Your Charge
Introduction and Initial Steps After Being Charged
If you’ve been charged with committing the act of shoplifting, and have questions about your case, this article may answer some of your important ones.
Your first step after being charged would be to ensure you note down any important dates given to you by police — such as a fingerprint date and your first appearance in court. Missing either could give rise to additional charges.
Once you’ve noted these dates down, your next step should be to make a list of Toronto Shoplifting Lawyers with whom to consult. You should narrow down that list and, if possible, retain one of the lawyers prior to your first court date.
If you cannot afford to retain one, you can represent yourself, although doing so is a last resort.
Does Shoplifting Go On Your Criminal Record in Ontario, Canada?
The act of shoplifting, if detected by police, would give rise to the offence of Theft – either Theft Under or Theft Over $5,000. The charge will be determined by the value of property at issue in the Theft.
For example, if you steal a few t-shirts and some pants, generally speaking you will face the charge of Theft Under $5,000, as the value of these items usually will be under $5,000. However, that may change depending on where the Theft occurs.
If you commit the Theft at a luxury retail store, these items may be more valuable and could lead to a Theft Over $5,000 charge.
In either case, these are criminal charges and could go on your permanent criminal record if convicted. Moreover, if you complete a Criminal Records and Judicial Matters Check, or a Vulnerable Sector Check, outstanding charges for which you have not been convicted may appear temporarily.
Consult with experienced Toronto Theft Lawyers to determine the specific risk level of a permanent criminal record in your case.
What is the penalty for shoplifting?
There is no set penalty for the offence. The outcome of your case will be determined by a number of factors, including:
- Your age
- Whether you have a criminal record
- The value of the property
- Whether it occurred at your place of employment
- Whether it happened once or was repeated
Toronto Criminal Lawyers with experience in this area of law can guide you on potential outcomes at an initial consultation.
Do Shoplifters Go to Jail in Ontario, Canada?
It is possible that a shoplifter could receive a jail sentence. That said, a jail sentence for a first time offender is extremely unlikely. Jail sentences for shoplifting tend to be reserved for offenders who fit within the following contexts:
- They have a significant criminal record for committing similar acts
- They have been sentenced to probation before and still re-offend
- They commit the offence against an employer
- The value of the property is significant (certainly over $5,000)
But even in all of the above circumstances, experienced Toronto Shoplifting Lawyers can attempt to minimize the risk of a jail sentence with careful defence work.
What’s the Best Defense for Shoplifting?
The best defense will depend on the evidence at hand. To obtain the evidence, you need to get your disclosure from the Crown. Toronto Shoplifting Lawyers are trained to carefully review this disclosure and determine whether you have any legal defence to the charge. Some potential defences would include:
- The defence of colour of right (ie, you had a claim of ownership to the property)
- The defence of mistake or accident
If the Crown can prove the charges against you, your lawyer may still be able to get your charges withdrawn by putting the offence into perspective, and getting you to complete certain tasks which would demonstrate good character and that you have rehabilitated yourself.
Andrew Captan – Toronto Shoplifting Lawyer
If you’ve searched online for Toronto Shoplifting Lawyers but have not found one yet, contact the author of this article – a seasoned Toronto Shoplifting Lawyers – with over 12 years of criminal defence experience. He offers a free consultation and will leave no stone unturned in your defence.
Call (647) 878 – 6355, e-mail andrew@captanlaw.com or visit his website HERE.
