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Facing theft allegations can be stressful. Theft charges can have serious consequences, including a criminal record and other collateral consequences, including jail time. If you have been accused of stealing, you will need the help of experienced criminal defence lawyers who can help protect your reputation and ensure the best possible outcome. The criminal lawyers at Kahlon Law Professional Corporation have years of experience handling theft cases and can often convince prosecutors to withdraw the theft allegation if the crime was a minor theft. Contact us today for a consultation to discuss the specifics of your case!
Simply put, theft or stealing is defined as the act of taking something that does not belong to you without the owner’s permission for your benefit or someone else’s. Theft charges may be applied when the person in question took the object intentionally. According to the law, you are considered to be stealing if you deprive the owner of an item or the use of that item.
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These categories are:
Both categories of criminal charges are hybrid offences, meaning that the Crown can choose to proceed by indictment or summary conviction. If the value of the stolen property is $5,000 or less, the Crown will likely proceed by way of summary conviction. If the value of the stolen property is over $5,000, the Crown may proceed by way of indictment. This means the accused has the right to a jury trial and, if convicted, can be sentenced to jail. The consequences differ for each of these categories, and a prior theft conviction could also increase your chances of a harsher verdict.
The prosecution will have to prove several factors before you can be convicted of theft or fraud. These are:
While fraud and theft may seem to be the same thing, fraud adds an element of deception or misrepresentation to the offence. Examples of fraudulent activities include pyramid schemes, forgery, identity fraud, embezzlement, tax evasion, and more. Under Canada’s Criminal Code, such offences are taken seriously.
A report from an eyewitness to the attempted fraud or theft usually starts an investigation. This could be the alleged victim, who claims their private possessions were taken without their permission. It could also be a person who witnessed the crime, such as a worker at a retail store. The police will arrive and take a written statement from the alleged victim and any other eyewitnesses, and they will begin an investigation. Police officers will check security camera footage and gather as much evidence as they can. If there is solid evidence identifying the perpetrator, they will issue an arrest warrant. After you’ve been arrested, the police will submit the evidence, often referred to as a “disclosure package,” to the Crown Prosecutor. This package contains all the evidence that the police have against you. A lawyer can assist you in going through the evidence against you and guide you through your options.
When you engage the services of theft lawyers, they will examine many options to avoid a permanent criminal record or ensure that your sentence is minimal. If you are facing theft allegations, it is essential to contact a criminal defence lawyer to ensure that your legal rights are protected. A criminal lawyer will also have a good understanding of the court system and understand the implications of theft and fraud charges. This means they are well equipped to help you find the right way forward. When a person commits theft, there are a number of ways in which fraud lawyers can help them. One of the first ways is by checking their eligibility for the diversion program.
Every courthouse has its own diversion program, with varied eligibility criteria in each region. The Crown Attorney’s office is responsible for determining who is eligible for this diversion program. A prosecutor can pre-approve candidacy for the diversion program if they believe a theft offence is minor (typically, a minimal amount of property was stolen and the item was recovered). A criminal lawyer can also negotiate on your behalf to have you accepted into the program. Even if there was no resulting criminal conviction, prior associations with the police are unlikely to qualify a person for diversion.
Law enforcement may release you following a release order at the scene, after giving you a document describing your offences and any required court appearances. This document often includes terms and restrictions that you must adhere to while on release, which your lawyer can explain to you. Alternatively, a bail hearing may be required, which must take place within 24 hours of your arrest. At this hearing, a criminal defence lawyer can be a valuable asset, giving you the best chance of receiving a positive outcome.
If you find yourself facing theft charges in Toronto, it’s essential to understand the gravity of the situation and take swift action to protect your rights. Theft allegations can have significant legal and personal consequences, but with the right defence strategy and an experienced theft lawyer in Toronto by your side, you can navigate the legal process with confidence.
Theft, in legal terms, involves the unauthorized taking of someone else’s property with the intent to permanently deprive them of it. Theft charges can range in severity, from minor shoplifting offences to more complex cases of fraud and embezzlement. Regardless of the specific circumstances, being accused of theft is a serious matter that requires immediate attention.
When you’re charged with theft, having a skilled theft lawyer in Toronto is crucial. Here are some reasons why:
Legal Expertise: Theft cases can be intricate, and the laws surrounding theft charges may vary depending on the circumstances. A knowledgeable theft lawyer understands the nuances of theft laws in Toronto and can navigate the legal system effectively.
Protection of Rights: Your lawyer will ensure your rights are protected throughout the legal process, from the moment you are charged to the conclusion of your case. They will work diligently to prevent any violations of your rights.
Defence Strategy: A theft lawyer will craft a tailored defence strategy based on the specifics of your case. This may involve investigating the evidence against you, interviewing witnesses, and identifying weaknesses in the prosecution’s case.
Negotiation Skills: In some cases, it may be possible to negotiate with the prosecution for reduced charges or a more favorable outcome. A skilled theft lawyer can engage in these negotiations on your behalf.
Court Representation: If your case goes to trial, your lawyer will provide strong representation in court. They will present evidence, cross-examine witnesses, and argue your case persuasively before the judge and jury.
The consequences of a theft conviction can be severe and long-lasting. They may include:
Criminal Record: A theft conviction results in a criminal record, which can impact your future employment opportunities, travel plans, and more.
Fines: You may be required to pay fines as part of your sentence.
Restitution: In some cases, you may be ordered to repay the value of the stolen property to the victim.
Probation: Probation may be imposed, which can include strict conditions such as regular reporting to a probation officer.
Jail Time: Depending on the severity of the theft and any prior convictions, jail time is a possibility, especially for more serious theft offences.
Being accused of stealing can feel overwhelming and isolating. However, by hiring quality legal representation, you can have confidence knowing someone is on your side, fighting tirelessly to achieve the best possible outcome and raise any potential defences. Kahlon Law is dedicated to assisting individuals facing charges of theft, fraud, shoplifting, and more. Whether you have a criminal history or not, you can rely on Kahlon Law to provide sound legal counsel. Contact us today for a consultation and case review!
Theft, in legal terms, involves the unauthorized taking of someone else’s property with the intent to permanently deprive them of it. It occurs when someone takes an item without the owner’s permission for their benefit or someone else’s.
Theft charges in Toronto are divided into two categories:
Theft of $5,000 or less
Stolen property over the amount of $5,000
The consequences for each category differ. For theft of $5,000 or less, the Crown typically proceeds by summary conviction, while for stolen property over $5,000, they may proceed by indictment, potentially leading to jail time.
To secure a criminal conviction in a theft case, the prosecution must prove several factors, including:
-The accused moved something belonging to another person.
-The property was moved with the intention of stealing it, temporarily or permanently, without the owner’s permission.
-The estimated value of the item being stolen.
Theft involves taking someone’s property without permission, while fraud adds an element of deception or misrepresentation to the offence. Examples of fraudulent activities include pyramid schemes, forgery, identity fraud, embezzlement, and tax evasion.
A criminal defence lawyer can assist individuals facing theft allegations in Toronto in various ways, including:
-Assessing eligibility for the diversion program.
-Negotiating on behalf of the accused for diversion program inclusion.
-Providing legal expertise, protecting rights, crafting defence strategies, and representing the accused in court.
-The diversion program offers an alternative to a criminal conviction for minor theft offences, allowing individuals to avoid a permanent criminal record. Eligibility varies by region and is determined by the Crown Attorney’s office.
We’ve Got the Answers. Call us now and speak directly with a lawyer.
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