How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CaptanLaw Your Own Question

CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 198
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
70715533
Type Your Canada Law Question Here...
CaptanLaw is online now
A new question is answered every 9 seconds

my offence is theft under what is my penalty

Resolved Question:

my offence is theft under what is my penalty
Submitted: 1 year ago.
Category: Canada Law
Expert:  CaptanLaw replied 1 year ago.
Hello:

I'm a criminal defence lawyer and can assist you with your questions.

First, can you provide me with 2 pieces of information:


(1) What is the value of the property that you allegedly stole?

(2) Have you ever been convicted of a criminal offence in Canada before?


Thank you.
Customer: replied 1 year ago.

The value is $200. No I am not convicted of any offence in Canada.

Expert:  CaptanLaw replied 1 year ago.
Thank you for that information:

Your main question is what is the penalty for Theft Under $5,000. The answer is that there is no set penalty upon a finding of guilt for this offence. Upon a finding of guilt (such as after a loss at trial or upon a guilty plea), the maximum punishment is 6 months jail and/or a $5,000 fine. The minimum punishment is an absolute discharge. Therefore, upon a finding of guilt, there is a range of potential punishments open to judges.

With that said, for a first time offender who allegedly stole property of a minimal value, the Crown usually offers something Diversion. Diversion is the process by which the Crown's office deals with minor offences allegedly committed by first time offenders. If the accused person is offered diversion, accepts the offer and completes the requirements of the program, then the Crown either withdraws or stays the proceedings. Typical Diversion requirements include community service or a charitable donation. This is an optimal result, as you walk away without any finding of guilt or a criminal conviction. You do not have to plead guilty or admit criminal liability.

The offer for Diversion is usually given at an accused's first appearance in court. Therefore, tomorrow, you may be given this opportunity (and based on what you've told me, I believe you will be). Once the Crown advises you of this option, you will probably be given a chance to discuss it in person with a Duty Counsel lawyer at the court.

Accordingly, do NOT plead guilty to this offence unless and until you've been advised of your options, including whether Diversion is a possibility.

Do not stress tomorrow. Nothing substantial will happen, aside from possibly being told that the Crown will be agreeable to Diversion (which, of course, would be good news!).

If they do not offer you this at your first appearance tomorrow, this does not mean that you may not be able to convince the Crown later on to offer this. If they do not offer it, you will be given your disclosure package (which is the evidence the Crown has to support the Theft Under $5,000 charge). You can take this disclosure and request that the Court provide you with some time to consult with a lawyer / retain a lawyer.

In short, based on the facts you've provided, it seems that the Crown should offer you Diversion. If they do not, you, or your lawyer, may subsequently be able to convince them to Divert your charge. If that does not work, in the VERY worst case scenario you may be found guilty of the offence and receive a discharge, which is a finding of guilt but does not entail a criminal conviction. It is a conviction that immigration Canada and most employers worry about, although there are exceptions to this rule.

I hope this helps. If it has, please provide me with a positive rating so the website can pay me for my time. If you have further questions still, don't hesitate to ask.

Good luck!
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 198
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
CaptanLaw and 2 other Canada Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.
 
 
 

Related Canada Law Questions

Chat Now With A Lawyer
CaptanLaw
CaptanLaw
Owner of Criminal Law Practice
174 Satisfied Customers
I'm a criminal defence lawyer, who assists individuals charged with crimes.