Newmarket Theft and Shoplifting Lawyers

Can I Travel with a Theft Conviction in Newmarket?

The terms of travelling with a conviction is very similar for most holders of a criminal record. Every country has the right to deny any foreigner entry. The Immigration and Nationality Act the United States has is very strict in denying offenders with a criminal record entry into the country, as they are inadmissible due to their criminality. Anyone who commits an offence of “moral turpitude” is not allowed. These offences of moral turpitude include any “act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general”. These offences may include but is not limited to: fraud, assault, arson, break and enter, robbery, extortion, etc. The United States takes their national security very seriously. An exemption to this rule would require a waiver from the Attorney General.

Theft is often seen as a lower level offence, as it is a non-violent and non-sexual crime.  Theft may not result in a criminal record, as an offender is more likely to be granted an absolute or conditional discharge. That being said, a conditional discharge is still recognized by the United States as a conviction. If a person is worried about their conviction and the consequences of travelling, they may apply for a United States waiver.

How Do I Keep My Charges Private in Newmarket?

Theft is not usually a conviction that gains a lot of media attention. Theft under $5,000 is one of the most common crimes in Newmarket. During a bail hearing, or at any point in the criminal process, a justice may order a publication ban. The purpose of the order is to protect information from being released to the public.

There are three types of publication bans enumerated in the Criminal Code. One is found in section 486.4(1), which prohibits distribution of information about a victim or a witness in a sexual offence case. Section 486.5(1) is a publication ban to protect the identity of any victim or witness. Finally, section 517(1) prohibits the publication of any information relayed for the accused’s bail hearing or any point thereafter. A defence lawyer would typically get a section 517(1) publication ban for the accused at the bail hearing or at the earliest possible convenience.

A charge may also be kept private by retaining a lawyer who can attend court for you in Newmarket. A lawyer will be able to attend most court appearances on the accused’s behalf to assist them in maintaining anonymity.

Can I be Charged with Theft Even Though I Have Not Left the Store?

In section 322(2) of the Criminal Code, the moment when theft occurs is defined in the statute. Theft occurs the moment a person with the intent to steal moves an object or begins to cause it to be moved. If law enforcement or authorities suspects that a person is moving an object with an intent to steal it, they may arrest the person. For example, if an accused person is seen taking an item off the shelf and placing it into their pocket in an attempt to conceal it, that individual has committed theft.

The accused was intercepted by four loss prevention officers at a Home Depot in R. v. Gibson, 2020 ONCJ 389. He was accused of stealing two batteries, and the four employees attempted to conduct a citizens’ arrest. An altercation happened, and the accused was charged with theft, threatening death, assault with a weapon, and robbery. Witness accounts were found to be corroborated, reliable and credible. The accused was acquitted of theft and robbery, as there was not enough evidence to prove that he did steal the two tool batteries. This demonstrates that where the accused had not left the store, the court will determine on a case by case basis whether or not the accused intended to steal the items.

Will I Have to Return What I Stole?

It is always ideal for the offender to return what they stole, but should get legal advice first. It is one of the primary goals of the Court to retrieve the object, as one of the primary sentencing principles enumerated in section 718 of the Criminal Code is to “provide reparations for harm done to victims or to the community”. Whether or not the stolen property is returned depends largely on the police recovery.  The Crown and the officer in charge of the case would canvas the accused to see if they can get the property back. The police may also apply for a search warrant in some cases.

There is no way to force the accused to return the property or to reveal where they have stashed it. Though it is advisable for the accused to return the stolen property, as the return of the property is a large mitigating factor. If the object is not recovered, the accused may have to pay restitution to the rightful owner of the property.

What is the Difference Between Shoplifting and Theft?

Shoplifting is not enumerated as a separate offence in the Criminal Code. Therefore, any incidents of shoplifting will be charged under section 334(a) for theft under or over $5,000. The Crown proves shoplifting the same way they prove theft, by proving the person intended to move the object without colour of right to convert it for their own use. In addition, the Crown may also prove that the accused did not pay for items or make an attempt to pay, that the accused did not have money to pay for the items, or that the accused possessed the item.

Shoplifting has been described as a minor and petty crime. The Court would typically emphasize the principle of rehabilitation for shoplifting offences. Most shoplifting offences, without a prior record, results in either an absolute discharge, conditional discharge, a suspended sentence, or a fine.