R. v. P.R. [2010] – Client misses court date on Theft Under $5000 charge – bench warrant for arrest issued – client comes into my office six months after warrant – successfully argue to rescind bench warrant without my client having to attend court or go into custody on the Fail to Appear charge – Theft charge subsequently withdrawn for charitable donation– CHARGES WITHDRAWN and NO CRIMINAL RECORD
Charges Defended > Theft Under $5000 and Theft Over $5000
Toronto Criminal Lawyer defends theft charges. 416-877-5291.
Under the law, know that you may have several valid defenses to your theft charge under cc. 322(1), including the violation of your rights under the Charter of Rights and Freedoms. Entering a plea of guilty to a charge of theft can have profoundly serious consequences. The stigma of a criminal record, the hardship of being “processed” through our criminal justice system, the potential consequences for your work, your family, your reputation, and at worst, your freedom are significant. Know your rights. If you or a friend or family member have been charged with theft, contact the firm at 416.877.LAW1 (5291). Your first consultation is always free.
What type of Theft charges do you defend?
The Law Office defends theft charges over and under $5000, including retail theft, price switching, breaches of trust, gaming offences, and workplace related theft.
What is Theft under the Criminal Code?
Under Section 322. (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.
When does Theft occur?
Under Subsection (2), a theft is completed when, with intent to steal anything, a person moves it or causes it to move or to be moved, or begins to cause it to become movable.
What is the possible punishment for Theft?
If the value of the item exceeds five thousand dollars, the accused is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
If the value of the item is less than five thousand dollars, the accused 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,
Recent Theft Cases:
Mischief, Drug Possession, and Theft Charges Withdrawn
R. v. L.A. [2010] – Client charged with Drug Possession, Mischief relating to damage to property, and Theft Under $5000 stemming from alcohol induced outburst with several eyewitnesses – No prior criminal history – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Withdrawn for Casino Fraud Proceeds – R. v. S.L. [2010]
R. v. S.L. [2010] – Client charged with Receiving Stolen Proceeds of Crime following police surveillance and sting operation at an Ontario casino. Client is observed receiving large amounts of cash from co-accused, who was simultaneously being observed for Fraud and Theft related charges related to gaming activity. Following discussions with the Crown, all charges against my Client were dropped. CHARGES WITHDRAWN – NO CRIMINAL RECORD
No Jail or Criminal Record for Casino Fraud – R. v. S.S. [2010]
R. v. S.S. [2010] – Client charged with seven counts of Fraud Over $5000, Receiving Stolen Property, Theft and various other charges relating to activity in a casino over the course of several months – police disclosure included over a dozen eyewitness accounts and the production of several casino video surveillance DVD’s. Following several discussions with the Crown over a five month period, Client pleads to minor charges – significant mitigating factors brought to court’s attention at sentencing hearing – prosecutor seeking a criminal record, however judge agrees with defence submissions and imposes a conditional discharge. CONDITIONAL DISCHARGE – NO JAIL – NO CRIMINAL RECORD