Theft Lawyer Brampton
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Theft Lawyer Brampton: Understand Your Defence for Theft and Shoplifting Charges
Being charged with theft can have a lasting effect on your employment, immigration status, and overall future.
By hiring a professional Theft Lawyer Brampton, you will not only protect your future, but you will also receive assistance with every step of the case. Theft charges may seem less severe than other charges, but the consequences can be significant.
Many individuals charged with shoplifting or theft under $500 account for the long-term impact and not the charge itself to be worse than the charge.
With a competent defence counsel, those fears can be alleviated, and the outcomes can be significantly better.
What is a Theft Charge in Ontario
Theft is set out in Section 322 of the Criminal Code of Canada. It involves taking property without the owner’s permission, or the intention of retaining possession of an item that is not legally yours.
Theft does not mean the item has had to leave the store, either – hiding the item or passing the checkout is also theft.
A Theft Lawyer Brampton goes through every detail of the case. Many theft charges are attributable to errors, circumstances, or assumptions made by the store’s security.
Some stores use video footage, but the footage does not tell the full story. Others use loss-prevention officers, who are not trained properly, to make the store security determination.
Especially, some of the most common theft accusations in Brampton include:
- Shoplifting from retail stores
- Switching tags
- Taking items inadvertently
- Returning purchased items
- Theft in the workplace
The charge, depending on the values involved, will either be charged as theft under $5000 or theft under $500. The law treats both charges as very serious charges, but the penalty will depend on the case and on individual histories, etc.
Factual Density: Statutes, Consequences, and Jurisprudence
The Criminal Code establishes two categories for the commission of theft:
Theft Under $5000: This is the most common variety of theft, including all shoplifting and theft of lower-valued items.
Theft Over $5000: This type of theft entails higher-valued property, with much higher penalties associated.
The average lawyer for theft under 500 handle charges is able to reasonably negotiate alternative dispositions for their client.
Penalties in Ontario
Penalties can result in:
- A criminal record
- Fines
- Restitution (Debt owed to the victim).
- Probation
- Jail time for re-offenders
Juridical decisions also help shape the defence to be put forward for you.
In R. v. Wilkins (1989), it was clear that the court said the Crown must prove “intent” as an element of the charge under section 334(a)(1). It is not enough for you to just pick the item up. The Crown must prove that your thought process had the intent to steal.
In R. v. Holmes (2002), it was made clear that mistakes or absent-mindedness are a complete defence. If a new assigned price was applied, you might have thought an item was not worth stealing or were not aware of its value. You may also have failed to properly examine evidence or issues that become full evidence of defence.
As you can see, these cases will also assist a Theft Crimes Lawyer in securing and supporting their claim for Evidence and an intent with value that was not there.
How a Theft Lawyer Forms a Defence
An effective defence is based on the facts of your situation. Your lawyer will review:
1. Video Evidence
Video Evidence does not always tell the whole story. A Theft Lawyer Brampton will examine potential gaps in the video, the low angle, and whether there were other actions before, and submit evidence in the case.
2. Store Security Conduct
Loss prevention officers do not properly adhere to protocols all the time. In some stores, multiple Loss Prevention agents rush to detain individuals or may simply misinterpret behaviour related to the subject being detained.
3. Intent
The Crown has to prove that you wanted to steal. Remembering, a lapse in focus, or even confusion can sabotage their case.
4. Police Procedure
If police conducted the detention/search inappropriately, the defense can oppose the evidence.
5. Background and Context
Mental health issues, stress, or misunderstandings often come into play. Court representatives use this for negotiation purposes.
Some clients also wish to respond to questions about matters unrelated to the case from the outside or a matter similar to things that gun charges lawyers usually handle, but that is only one time, as requested.
Competitive Advantage: Why Clients Choose Capable Theft Lawyers
Individuals charged with theft often need more than just representation. They need a lawyer who:
Knows the Brampton Courts Well
The prosecution has different approaches for every office. All offices deal with theft matters differently. A capable Theft Lawyer Brampton will know which arguments will work with the prosecutors in Peel Region and the judges.
Acts Quickly to Preserve Evidence
Many stores will delete the video in a few days. You must act quickly to preserve important material.
Negotiates Diversion and Withdrawals
A competent Lawyer for Shoplifting knows how to present your background, articulate the circumstances, and negotiate a resolution that does not involve a criminal record.
Provides Clear, Concise Direction
Clients want someone to explain the system without using complex legal terms.
Builds a Defense Around Real-Life Context
Successful lawyers will consider your school, work, health, and personal history in building arguments for resolutions.
This is what every attorney for theft crimes is capable of doing, but what separates a capable Theft crimes lawyer from a basic lawyer is this combination.
Court Process for Theft Cases
Most theft-related cases and responses will follow a similar but predictable process:
Arrest or Notice to Appear
The police may arrest you, or they may provide a court date.
Disclosure Review
The lawyer will receive the store video, witness statements, and police notes.
Meeting with the Crown
The negotiation process begins early in the court process. If the evidence is weak, it is in a person’s best interest to negotiate a withdrawal.
Options for Diversion
The first-time accused can often seek a diversion. This can include counseling or community support options.
Trial
A trial represents the last option available; if it comes to trial, or is necessary, the lawyer will challenge the evidence and demonstrate that intent was lacking.
Resolution
Resolution can lead to a withdrawal, a peace bond, or a sentence after trial.
Conclusion
A theft charge can affect a person’s work, life, and future. A member of the good, or capable, Theft Lawyer Brampton can maintain or protect against the charge, advocate or oppose the evidence, and do their best to support the person through the process.
Good or effective work in defending someone against a theft charge can often lead to a resolution that does not include a criminal record.
At Nimrata Sandhu Law, we respond and support clients in relation to theft and shoplifting charges with a thorough review, clear strategy, and good advocacy. Contact us today to protect your future and act on your behalf.
FAQ
1. Can a theft charge be dropped?
Yes. If the evidence is weak, mistakes, or they didn’t intend to commit the offense, it is possible to seek a withdrawal or diversion.
2. Do first-time shoplifters end up with a record?
Not always. Many first-time offenders qualify for diversion programs.
3. What if the store video is unclear?
Your lawyer may be able to argue that if the video is blurry or incomplete, it will undermine the case.
4. Should I talk to store security?
No. You should avoid making any statements until you have a lawyer.
5. Can I go anywhere if I’ve been charged with theft?
Travel may be restricted after a conviction. You always want to be sure that you are seeking legal assistance right away so you can protect your options moving forward.