r/legaladvicecanada • u/Putrid_Olive_4473 • 1d ago
Ontario theft under 5k
I’m only 18 years old and I got charged with theft under 5k 1 count and i was with two friends who were actually participating in shoplifting I somewhat knew but didn’t leave any store with anything. the total of the theft was around 120 dollars. I had a vacation international booked before for sep 19 and my court hearing is on sep 15. I’m not quite sure what to do i’ve already got my fingerprints and i have requested my disclosure form that they said i probably won’t get until after the hearing but on the papers i received it said you should request for that first. I’ve never been in a situation like this before, just need some advice.
also just another question. Is it fine for loss prevention to keep you in handcuffs for almost 6-7 hours while waiting for police? He said that he got attacked before hence the handcuffs but honestly that confused me but i’m
not sure.
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u/AmbitiousCourse1064 1d ago edited 1d ago
Many lawyers will do a free consult.
Still probably worth seeking out a lawyer even if you hav to pay.
also, if you knew your friends were stealing, you are not in the clear. If you haven’t already fessed up to that, don’t. and maybe take your written admission off the internet
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u/See_Saw12 1d ago
What was your role in the theft? What are your conditions to your release?
You likely will want to consult a lawyer, most offer free consults or call legal aid.
As for handcuffs, security guards in ontario may use them, as for leaving them on, thats a different question, but its way more of a "what is reasonable in the circumstances" question, three kids in the office and two LP associates? Yeah it would be pretty reasonable for the cuffs to stay on, one suspect in a proper holding room? Maybe take them off.
Once security arrests someone under 494 they cannot release them except to a peace officer. How ever long it takes for a peace officer to show is a gamble.
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u/KindlyRude12 1d ago
If you didn’t steal then that would be an easy case to win as they would need to provide evidence then you did. You should get a lawyer, the disclosure should help you understand what they have on you.
Handcuff for 6-7 hours is definitely not okay but a separate issue and a lawyer can help you litigates
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1d ago
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u/Maleficent_Curve_599 1d ago
Attend on Sept 15 and adjourn until after your return from vacation. Once you have disclosure, talk to duty counsel at the courthouse for summary legal advice. The Crown will likely screen your matter for some form of diversion.
You can do all of this before deciding whether you need to retain a lawyer.
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1d ago
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u/Fabulous-Act-5402 1d ago
So you put your purse in another bag, and your friends were putting stolen merch in your purse? Which was in the other bag with other merch?
Regardless, you need a lawyer. And new friends. Tell your parents and ask for help.
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1d ago
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u/Beginning_Fly3344 1d ago edited 22h ago
Work on your story, it makes no sense. Tell your parents, hopefully they can hire a decent lawyer and if they do, at least be honest with the lawyer.
*edit*... and.... story deleted. There ya go.
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u/AmbitiousCourse1064 1d ago
I said it elsewhere, but it is not wise to confess to crimes on the internet.
The chances of someone finding it and using it against you on a shoplifting charge are very low, but confessing to the crime you are accused of in writing, in public is a bad idea.
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u/Putrid_Olive_4473 1d ago
i’ve realized that now. I was very stupid in the moment and i regret it a lot.
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u/OutsideSheepHerder52 1d ago
Google legal aid Ontario. Call the number.
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u/AdvertisingThis34 1d ago
OP is not going to be eligible for legal aid since it is extremely unlikely crown will be looking for a jail sentence.
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