Toronto Criminal Lawyer:

Shoplifting and Theft Allegations

This article is a general overview to provide basic legal information about theft charges in the Greater Toronto Area. For detailed advice that can assist you with your case an experienced criminal lawyer should be contacted to determine the best course of action.

Theft Allegations in General

Theft is in its most basic terms the taking of an item that belongs to another person without that person’s permission. In Canada, there are generally two streams for theft allegations. If the theft involves an item or items worth more than $5,000 then the accused will be charged with theft over $5,000 (“Theft Over”). If the item or items alleged to be stolen are worth less than $5,000 then the accused will be charged with theft under $5,000 (“Theft Under”).

The main difference being that the penalty for theft over is more serious and it will entitle an accused to a preliminary hearing and the possibility of electing to have a jury trial.

There are specific provisions in the Criminal Code of Canada to also deal with theft of telecommunications, cattle, etc. As a lawyer in Toronto, the most common allegations are simply theft over $5,000 or theft under $5,000.

Shoplifting and Theft Under

The most common Theft Under allegations that a criminal lawyer in Toronto deals with are basic shoplifting allegations. Shoplifting is not a defined term in the Criminal Code but rather a layman’s term for the stealing or taking of items from a retail store without paying for them.

People are often very embarrassed when charged with shoplifting. People from all walks of life have been charged with shoplifting. A person charged with shoplifting should immediately contact a criminal lawyer to help minimize their exposure to the system and the embarrassment that they may feel from the allegation.

Diversion and First Time Offenders

Shoplifting charges are generally seen at the low end of the criminal spectrum because of this type of crime is often an expression of youth, impulsive or done in times of desperation. If you have been charged with shoplifting you may be able to avoid a criminal record without going to trial. In Toronto, Brampton, Newmarket and other major metropolitan areas there are programs in place for people charged with theft for the first time where they may be able to have their charges withdrawn without going to trial.

How can I get my theft charge diverted?

If you have had prior theft charges, you will generally not be eligible for diversion. An experienced lawyer may still be able to get your charges withdrawn if there are apparent weaknesses in your case or be able to secure an acquittal after trial.

The prosecutor or Crown Attorney’s office will determine if the matter is appropriate for diversion and a Toronto criminal lawyer can assist in convincing the Crown Attorney’s office that the matter is appropriate for diversion. Diversion programs differ in each jurisdiction. Charitable donations, community service or an educational program on shoplifting are all common forms of diversion.

Upon successful completion of the diversion, the Prosecutor will ask for the charge to be withdrawn. The result for a first time accused being having no criminal record.

Theft Over $5,000 – Breach of Trust

Toronto criminal lawyer, Adam Weisberg, has defended many cases involving allegations of Theft Over. Theft Over allegations can involve very complex schemes with an international component or very simple allegations of common auto theft.

Toronto criminal lawyer Adam Weisberg also regularly defends situations that involve allegations of breach of trust. Theft over allegations often involve what can be described as an “inside man”. The inside man is usually in a position of trust given to him by his employer and either steals by himself or assists others in stealing or fraudulently obtaining the property of his employer. Breach of trust allegations are taken very seriously by the Courts and almost always involve harsher or more severe penalties than other theft allegations.

The Crown Attorney will often seek jail sentences for first time offenders when the allegations involve a breach of trust.

Toronto criminal lawyer Adam Weisberg in one case negotiated the withdrawal of serious theft and breach of trust charges against an executive at a charitable organization.

Why should I get a lawyer?

Theft charges are considered crimes of dishonesty. Having a criminal record for theft will affect a person’s credibility in court cases and prevent them from obtaining employment that requires them to be bonded. Certain employment sectors will simply not consider hiring someone with a record for theft no matter how educated or qualified they are for the job.

An experienced criminal lawyer should be hired in Theft Over or Theft Under cases to determine if the prosecutor has sufficient evidence to obtain a conviction and to help determine if there are Charter issues in the case. Contact Adam Weisberg at 416.603.3344.

Call for a consultation:

416.603.3344