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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100067
Experience:  Lawyer
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My story is that I was arrested which I really did. I have

Customer Question

Hi, my story is that I was arrested for shoplifting which I really did. I have hard situation because I have no idea what to do. I'm a mother of 3 little children(6 , 3 and 1 year old). I'm scared for my children . Youngest one was with me at that moment. So the Children Services get involved. I don't know what to expect from the trial. I really worry for my children that they may be taken away from me. I don't know what to do. I don't have lawyer or some representative. I can't afford such things. But I paid the penalty in full through my credit card. I have a court very soon and no idea what to do. And Children Aid Society putting pressure on me and making me stressed and scared.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This is Canada, Ontario. It happened 2 weeks ago.
JA: Have you talked to a lawyer yet?
Customer: No, I Think It's cost a lot of money
JA: Anything else you think the lawyer should know?
Customer: Depends what
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When you say CAS is putting pressure on you what do you mean?

Is the first charge you've ever had?

Customer: replied 1 year ago.
It' first charge. CAS telling me that they want to talk to my husband because I refuse of telling him what happened.
But I was thinking that growing up person can be responsible for himself
Expert:  Debra replied 1 year ago.

Because this is a first charge you will likely be offered diversion. That is where you enter into an agreement with the Crown where you agree to make amends to society in some alternative way such as through doing some community service and then after you fulfill your obligations the crown will withdraw the charges.

So when you are in court you should speak to duty counsel who will speak to the crown on your behalf.

This will be an excellent outcome as then you won't have a criminal record and this will likely satisfy the CAS.

Does that help as a starting point?

Customer: replied 1 year ago.
They told me if I'm not telling they calling him and telling everything
Customer: replied 1 year ago.
It's very helpful! But do I have the right not telling my husband because I'm already embarrassed enough? And I don't want to ruin our relationship. Unfortunately I can not talk to you over the phone, sorry.
Expert:  Debra replied 1 year ago.

You don't have to tell your husband and they don't have the right to tell him.

I suggest you tell the that you will see what the outcome in court is first but you are hoping the charges will be dropped and make it clear you feel you made a terrible mistake and will not ever do this again.

Customer: replied 1 year ago.
I still not sure is it OK to be without a layer or any representative? But CAS putting me in the "time frame" they give me 2 days to decade and if I'm not telling him they contact him personally and tell him. Is it even legal?
Expert:  Debra replied 1 year ago.

You don't need a lawyer for the shoplifting charge but if CAS is threatening you then you may need a family lawyer that specializes in child protection proceedings.

You should ask the CAS if they will wait to see what happens in court first.

Customer: replied 1 year ago.
Ok, thanks for suggestions but can you tell, please, what can they do against me or my children?
Customer: replied 1 year ago.
They can take them or make some restrictions?
Expert:  Debra replied 1 year ago.

There are not grounds to apprehend your children because you shoplifted.

They may decide you are in need of supervision but I don't believe that makes sense.

You can ask them what they are intending and if they are not closing their file then see a family lawyer.

Customer: replied 1 year ago.
They actually sad they going to open file on me because my son(6 years old) when they interviewed him that we were arguing in the house and swearing
Expert:  Debra replied 1 year ago.

Then you should consult with a family lawyer face to face.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Customer: replied 1 year ago.
Is that the public( free) layer for such cases?
Expert:  Debra replied 1 year ago.

Duty counsel in criminal court is free.

If you are low income you can get a legal aid certificate for a child protection case.

I have to go to sleep now. If we are done please rate me so that I can receive credit for my work.

If you need me again reply back and then I will reply back to you in the morning.

Expert:  Debra replied 1 year ago.

I was just thinking about our conversation and have been wondering if you have thought of any further follow-up questions for me.

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