Law & Society

Quite often, people charged with Theft Under are accused of stealing inexpensive item(s) worth under $100. Though inexpensive, property offences are taken seriously by the Courts. If found guilty, the result could be a criminal record.
Whether you are charged in Newmarket, Brampton, Toronto, or anywhere else in Ontario, the circumstances of the case and the person charged are often looked at by the Crown.

The personal circumstances of the individual (i.e.criminal record, whether the person worked at the store, and the value of the item stolen) are often considered in determining whether the charge may be eligible to be diverted.

Depending on the circumstances around the theft, you may be viewed with a sympathetic mind. The judge will consider why an item was stolen and what the item was when considering the potential penalty if a person is found guilty.
Even if you don't actually remove the item from the store, you could still be charged with theft. The Crown must establish that when the item was taken by you, it was done with the intention to deprive the owner of it (either temporarily or permanently) and that it was done deliberately when you had no legal right to take it for yourself. A theft may be defended by raising a reasonable doubt on the basis of a mistake being made.
If you have been charged with shoplifting or a theft of any kind, you should consult a lawyer to discuss your case. Contact Jeff Hershberg at (416)428-7360 for a free consultation or visit his website at www.thebestdefence.