Theft Under 5000

As defence lawyers we know that most theft under $5000 charges are simple misunderstandings or a momentary lapse in judgement.

It is easy to understand how paying for an item can be overlooked, and we understand mistakes do happen.

Theft under $5000 charges can result in a criminal record with long term effects including:

• fingerprinting
• travel restrictions
• loss of employment
• denial of immigration &
  • citizenship applications

Many employers and even volunteer organizations are requesting criminal record checks before accepting applications.

Where theft under $5000 have come to court our defence lawyers have a very high rate of having your “theft under charge” dropped completely.

The court may allow the option of doing some activity, like paying a fine or volunteer work in exchange for having the charge dropped. For minor theft under 5000 charges, Ontario courts have diversion programs thereby avoiding criminal records.

In a diversion, first time theft under charges can be dropped upon the completion of a task. e.g. a donation, small fine is paid, or community service. Once the task is completed, the Crown Attorney will drop the charges of theft.

Where your case goes to trial, we are experienced trial advocates with years of experience to help you.

Persons charged with theft under or shoplifting can face serious ramifications such as:

• fines and jail
• loss of employment
• criminal records for life
• immigration & citizen issues
• probation orders & conditions
• travel restrictions e.g. prohibition from entering the USA
• denial for vulnerable sector checks and volunteer positions

Where you have been charged with a criminal offence, the police will take your fingerprints and photographs.

The police will then forward your information to the RCMP to be posted on the Canadian Police Information System (CPIC), regardless whether you have been convicted or not.

Your record of arrest is then available to:

• all police agencies
• all security services,
• and border agencies

The record stays forever unless an application is made to have it destroyed. This record of arrest can cause issues with travel, immigration and employment applications.

Contact us today at 416-731-7113 to keep your record clear.

Once arrested for theft and a report is made, the police forward your information to the Royal Canadian Mounted Police (RCMP).

The RCMP post your information on the Canadian Police Information System (CPIC), regardless whether you have been convicted or not.

Your record of arrest is then available to:

• all police agencies
• all security services,
• and border agencies

The police record stays forever, unless an application is made to have it destroyed. This report can cause issues with travel, immigration and employment applications.

At Charitsis Law we appear in court for you. When your charges are withdrawn, dismissed or dropped we’ll contact the police to ensure your record is completely destroyed.

Contact us today at 416-731-7113 to keep your record clear.

★★★★★  Fantastic job!  It was a mistake on my part, Nick took care of everything, I didn’t have to appear in court and he got the charges dropped.  After the court date he had the fingerprints and record removed from the police records. (GoogleReviews)

Section 322 of the Criminal Code of Canada states:

Except where otherwise provided by law, everyone who commits theft:

• is guilty of an indictable offence and is liable to
  • imprisonment for a term not exceeding two years, or
  • of an offence punishable on summary conviction,
  • where the value of what is stolen is under five thousand dollars.
• is guilty of an indictable offence and liable to
  • imprisonment for a term not exceeding ten years,
  • where the property stolen is a testamentary instrument or
  • the value of what is stolen is over five thousand dollars; or

Whether the value of the item is under or over $5000 the accused would still receive a criminal record upon conviction for life.

• (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent.
• (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
• (b) to pledge it or deposit it as security;
• (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
• (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

A charge of Theft under 5000 dollars or Shoplifting is a criminal offence under the Criminal Code of Canada.

Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.

There is no fee or obligation to call and speak to us.  The discussion is held with complete privacy and confidence with the lawyer.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.

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