FIRST OFFENDER? DEFEND THEFT UNDER $5000 CHARGES IN WINDSOR.  1-866-DEFENCE.

Donich Law is a criminal, regulatory and civil law firm based out of Toronto, servicing clients all over Ontario including the Windsor Region. Individuals in the Windsor Region may be charged with a theft offence in a variety of circumstances. Some individuals make poor decisions and are arrested, others mistakenly take items they believe they are entitled to and others may have been falsely accused.

In 2020, the Firm represented an accused charged with theft after allegedly stealing $5,000.00 worth of merchandise from Home Depot in R. v. M.K. [2020]. The accused was alleged to have stolen material and then attempted to return it to the store for a refund. The Firm successfully resolved the case after months of pre-trial negotiations with the Crown.

In 2020, Donich Law successfully defended a client accused of participating in an employee theft ring valued at $52,000.00 in R. v. S.G. [2020]. The sophisticated conspiracy involved false invoices and a shell corporation that was being used to divest funds from the employer corporation.

In 2020, the Firm represented a client accused of stealing $30,000.00 worth of merchandise from their employer in R. v. E.K. [2020]. The Firm raised reasonably doubt with the Crown’s case using surveillance footage and the Crown ultimately withdrew the charges.

In 2019, the Firm successfully defended an individual charged with theft after participating in a $170,000.00 internal theft scheme at his job in R. v. O.I. [2019]. The Firm successfully resolved the combined civil and criminal matter without a criminal record for the accused.

In 2018, the Firm represented an accused charged with 9 counts of money laundering and fraud after participating in an International money laundering scheme in R. v. Z.U. [2018]. The accused was alleged to have defrauded elderly individuals in the United States and converted the money into Gold Bullion which was then transported over the border for sale. After months of litigation the charges were stayed.

In 2017, the Firm defended a client charged with four counts of fraud after allegedly stealing from the Bank of Nova Scotia in R. v. S.A. [2017]. After months of pre-trial crown negotiations, the Firm was able to resolve the case without a criminal record for the accused.

In 2017, the Firm represented a CIBC bank employee accused of stealing more than $18,000.00 from the bank in R. v. D.D. [2017]. After months of pre-trial crown negotiations, the Firm was able to resolve the matter without a criminal record for the client.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

What will Happen if I am Charged with Theft in Windsor?
Can I Resolve my Theft Charge in Windsor without a Criminal Record?
What if I am Caught Stealing from my Employer in Windsor?

Additional Resources

Assault
Assaulting a Peace Officer
Sentencing Factors
Criminal Records for Theft
Keeping Your Charges Private
Release from Police Custody
Theft From Your Employer
Resolving Shoplifting Charges
U.S. Waivers
Vulnerable Sector Screening
Consequences of a Criminal Record
Immigration Consequences
Elements of a Crime
Your Rights

What will Happen if I am Charged with Theft in Windsor?

If you have been arrested and charged with a criminal offence for the first time, it is important to know your rights to ensure you are protected. When an accused individual is initially arrested by police and charged with theft they may or may not be taken into police custody. Theft offences are categorized based on the value of the items or money taken. Where the value is over $5,000.00 the accused will be charged with theft over $5,000.00 and where the value is under $5,000.00 the accused will be charged with theft under $5,000.00. The value will play a role in whether or not the police decide to hold the accused in custody for bail or release the accused on their own recognizance.

In situations where the value of the theft is high, where there are a large number of charges or where the accused is a repeat offender, they made be held for a bail hearing. Once the police decide to detain someone for a bail hearing, the case file is transferred to the Crown’s office who will then determine whether they will consent to the accused’s release. In most cases an accused charged with a theft offence would be released on a consent release.

The accused will then be given a list of bail conditions which they must abide by and released from jail. This is also true where an accused is released from the police station on their own recognizance. The accused will also be given a first appearance court date. In the months after the initial arrest, the Crown will gather evidence which will then be provided to the accused and their lawyer. This evidence is known as disclosure.

The disclosure package will give the accused a clear picture of the case against them. In some cases, it may also provide the accused with the Crown’s position, should the accused decide to take a guilty plea. In some cases, where the value of the theft is low and the accused is a first-time offender, they may be offered a diversion program through the Court. This is discussed in more detail in the following section.

Can I Resolve my Theft Charge in Windsor without a Criminal Record?

In some cases, it may be possible to resolve a theft case in Windsor without a criminal record for the accused. Whether or not this is possible will depend on a number of factors. One of the most important factors is the value of the theft. Theft offences are categorized as theft under $5,000.00 and theft over $5,000.00. The higher the value of the alleged theft, the less likely it is that the case can be resolved without a criminal record.

Another important factor in determining whether a theft case in Windsor can be resolved without a criminal record is the accused’s criminal history. Where an accused is a first-time offender the court will be more inclined to resolve the matter without permanent record. Having a criminal record in Canada can have lifelong negative consequences. As a result, Crowns are more likely to negotiate a resolution that does not involve a permanent criminal record for individuals who are being arrested for the first time.

What if I am Caught Stealing from my Employer in Windsor?

Theft from one’s employer is one of the most common types of theft in Windsor and throughout Ontario. An individual can commit employee theft in a number of ways including stealing money or items from one’s employer, time theft, or kickbacks. Time theft occurs when an employee claims to have worked more hours than they actually worked. This may occur by way of overreporting hours. Kickbacks occur when an employee makes a deal with a supplier behind the employers back and financially benefits from it.

When an employer suspects an employee may be stealing from them, they will generally launch an internal investigation. They may call the impugned employee in for an interview. In many cases, the employer will ambush the employee in an attempt to get them to admit wrongdoing. Employees in this situation may feel as though they have no choice but to give a statement to the employer about the alleged theft. While it is true that an employer may choose to terminate an employee who is uncooperative with an internal investigation, being cooperative can sometimes have even more serious consequences.

Once an employee has admitted to their employer that they stole, nothing prohibits the employer from reporting the matter to police. The police may then use information provided to them by the employer to prosecute the employee. This can lead to criminal charges being laid and a conviction being entered into the accused’s record.

Once an employee theft is reported to police, the employee will be arrested and charged with theft under $5,000.00 or theft over $5,000.00. Due to the position of trust an employee holds, the Crown will view the fact that the employee stole from their employer as an aggravating factor in the case. This may lead to harsher penalties upon conviction.

As a result of the serious consequences of being convicted of a criminal offence, in many cases the best course of action is to remain silent and seek legal advice prior to participating in any interviews or providing the employer or police with any information. If you have been accused of stealing from your employer, Donich Law can assist you in developing a strategy to manage risk effectively.

Quick Facts

What if the Item I Stole was Under $100?

Theft offences are categorized as theft over $5,000.00 and theft under $5,000.00. If you have stolen items valued at less than $100.00 you will be charged with theft under $5,000.00. Where the value of the theft is very low, the Crown may agree to withdrawal the charges through a Direct Accountability program.

Will I have a Permanent Criminal Record if I am Convicted of Theft?

Yes. If you are convicted of theft and sentenced, you will have a permanent criminal record. It is, however, possible to get a record suspension or pardon after a five-year waiting period, provided you have not had any negative contact with police in the five-year period.

Can I Resolve my Theft Charges in Windsor without a Criminal Record?

In some cases, it is possible to resolve a theft charge in Windsor without a criminal record. The Crown may agree to allow an accused to participate in a Direct Accountability program in exchange for the withdrawal of the charge in cases involving minor thefts.

Will I go to Jail for Theft Over $5,000.00 in Windsor?

Where an accused is charged with theft over $5,000.00, the chances of being sentenced to a period of incarceration increase. The higher the value the theft, the more severe the penalty is likely to be, as high value is seen as an aggravating circumstance.

What if I have been Arrested for Theft in Windsor more than once?

If you have been arrested and charged with theft in Windsor more than once there is a higher likelihood that you will be sentenced to a period of incarceration. The court will take your criminal history into account when determining the appropriate sentence based on the facts in your case.

Will a Theft Charge Appear on an Employment Background Check?

Yes. If you have a conviction for theft on your record, that conviction will appear on a criminal background check. The record will remain permanently unless the offender applies for and is granted a pardon or record suspension.

Will a Shoplifting Charge appear on my Record?

Yes. Shoplifting is considered criminal theft and those who shoplift will be charged with theft under $5,000.00 or theft over $5,000.00 depending on the value of the items they stole. A theft conviction will appear on one’s permanent criminal record.