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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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I was supposed to be charged with Theft Under $5000 on Sat.

Customer Question

I was supposed to be charged with Theft Under $5000 on Sat. Sept. 5th/15. However, I was contacted by the Police Officer who had given me the wrong form to sign on the Sunday, Sept. 6th/15 quite a few times. I returned his call and stated to him that I was going out of town to close up a cottage with some friends and would not be back for a few days... It is a green form and states, "To a person not yet charged with an offence." Plus it states, "Youth Justice Court", and I am almost 60 years of age.
The Officer wants me to sign another form and I told him that I was not signing anything until I had spoken to a lawyer first.
QUESTION: Do I have to sign this new form?
Is there a time limit with regard to how long the Police have to file a charge or re-arrest me?
Is it wise for me to just go to the Court House and speak with the Crown Attorney about having this pending charge withdrawn because of this wrong paperwork which states that I have not been charged?
Since I have Mental Health Issues and explained this to Store Security who obviously did not care but just wanted me charged, that I would pay for the items, since I Dissociate due to severe childhood traumas, which I still see a Therapist about, but have not seen her in a few months and now this happens, so was thinking about also explaining this to Crown as well... What is my legal rights at this time about signing another form, the proper one?
Another thing I have to worry about that I will receive my Pardon in Sept. '16, and would have had it in 2013, until PM Harper changed the wait times/extended them for those not having served jail time by three years!!??
What are my legal options at this time?
Thank You!!
Sincerely,
***** *****s
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Have you been convicted of shoplifting before this?

Customer: replied 2 years ago.
You did not answer any of my questions that I had asked of you... Yes, I have been charged before but charge withdrawn/dismissed due to Mental Health Diversion Program. I need to know about this form which is the wrong one signed by me but not the correct one as I explained in my question. I would appreciate it very much if you could answer the questions that I initially asked you about... Thank You, ***** *****
Expert:  Debra replied 2 years ago.

I didn't answer at all yet. I needed that information first.

You cannot be forced to sign any form. So you can say you are not signing anything. And clearly the form was wrong. But ultimately that is not going to help you. In fact when there is some discretion it is always best not to get everyone angry with you.

The reason why I asked about if there had been any other charges is because I was hoping you could get diversion and while it is still possible it is not going to be as easy. So it doesn't really make a lot of sense to act unco-operatively when it is not going to help you but could in fact hurt you.

Customer: replied 2 years ago.
the fact that it is the wrong form and I have not been charged as yet legally will not help me in the long run of having this, for example if re-charged dismissed/withdrawn, because of being wrong form and after the fact, etc. Since I have not been formally charged with this offence, how is it legal to charge me up to 3 weeks later? Would this be allowed/permissible to a judge or crown attorney? Would it not be withdrawn because of this wrong form which states that I have not been charged with any offense, plus it is a Youth Justice Court Form? So, you are saying that I can still apply for the Diversion Program again, through mental health reasons... Eg. Dissociative Identity Disorder. Also see Therapist usually on a weekly basis too, however, due to a car accident and her vacation time I have not seen her in a few months and now this happens!!
Expert:  Debra replied 2 years ago.

Yes, I am saying that it is not going to matter in the end that they made a mistake and used the wrong form. You will be charged correctly in any event. A court will not care that the police officer provided you with a wrong form.

Yes I am also saying that you could get diversion again.

Customer: replied 2 years ago.
Thank you!! When should I contact the Diversion Program as court date in October?
Expert:  Debra replied 2 years ago.

Usually you have to wait until the court date and then speak to the duty counsel and have duty counsel speak to the crown on your behalf.

I haven't heard of anyone being able to contact the program on their own ahead of time. If that was you experience last time then you can try it but that is not common.