Shoplifting, Larceny, Robbery, Theft First offense shoplifting, 19 Canadian

[jstarzxox]

I am 19 years old and was caught shoplifting $65 worth of merchandise, taken to the back room to record info and fill out forms. I was told that I will receive two letters in approx one month with my court date etc. I certainly do not have any money for an attorney but I should be able to pay whatever fine they give me.

The most important thing for me is not to have this go on my CRIMINAL RECORD, or have anyone besides myself find out because I feel very ashamed. Would I be able to be put in the diversion program without an attorney? What are my options if i don't have an attorney and what should I say when I go to court? What are the chances this will go on my criminal record?


I would appreciate your help very much,

Thank you!

 

[shrinkmaster]

If diversion is available in your case you can get it without an Attorney. However it would be wise to at least talk to some Attorneys about your options and how to proceed. Here in the US many Attorneys offer "free" consultations. If that is case up North then get as many as you can. Get some knowledge. Do not mention you cannot afford Attorney or intend to deal with this without the aid of one (not recommended).

 

[jstarzxox]

Thank you so much for your reply, I will start calling attorneys asap.

I was also wondering if on the day of my court date i request a Public Defense Lawyer, will I have to attend court again on a different date? I go to school out of the city and will have to fly back for my court date so I won't be able to afford more than one trip. If is crucial for me to have a lawyer or PD? Will I be able to complete diversion programs in a different state/province? How long do diversion programs generally take to complete?

Thank you very much.

 

[shrinkmaster]

Here in US when you request a PD you are given a new court date that you must attend

 

[jstarzxox]

So there is no way that I could do this in one day with a PD? or attend court in a different city? are Diversion programs available for out of state/province? I have read that you absolutely do not recommend pleading guilty without PD, but if I was to plead not guilty and not request a PD can I try to defend myself?
One last question, from your experiences how long is the wait between the first court date and the second if I request a PD?
Thank you all very much.

 

[shrinkmaster]

So there is no way that I could do this in one day with a PD?

Here is US you dont even see PD same day of request so no

attend court in a different city?

Not likely

Diversion programs available for out of state/province?

If you live outside of the area (state, county,province) you might be able to serve your sentence from rea you reside. You or your lawyer would need to request that in court

I have read that you absolutely do not recommend pleading guilty without PD, but if I was to plead not guilty and not request a PD can I try to defend myself?

If CA allows defendants to go pro per yes. However we strongly advise against that

how long is the wait between the first court date and the second if I request a PD?

Probably around 30 days but thats here in US. If you get the consultations suggested earlier you can get those answers from them

 

[jstarzxox]

Thank you for your prompt reply. I hope this doesn't come across as ignorant but hypothetically if I defended myself in court would I have a very low chance of getting diversion? And if I do decide to get a lawyer can he appear for me (so I don't have to physically show up for court) and possibly have the matter settled with diversion in one court date? I plan to call as many lawyers as possible but in the mean time your expertise would be appreciated. Thank you!

 

[shrinkmaster]

if I defended myself in court would I have a very low chance of getting diversion?

Possibly due to your lack of knowledge on the law and court procedures

And if I do decide to get a lawyer can he appear for me

Your Lawyer will have those answers but if just a misdemeanor charge I suspect yes

 

[jstarzxox]

If I am qualified for the diversion program (which from what I've read on the forum may last around 6 months?), will I have a criminal record before I complete the program? Or will I only have a criminal record if I fail to complete it. Is a criminal record only dismissed once the program is finished?

Thank you.

 

[shrinkmaster]

That one we cannot really answer. It depends on how court documents status of case and how Diversion works in your area. Your lawyer will have that answer

 

[jstarzxox]

I have talk to a few people recently and I am now confused whether the police will show up at my door:

When I was arrested, no police were present and I was told by the LP guy (I think) that I would be getting my court summons in the mail in a month. But after talking to a few lawyers I've been told that in order to get a court summons the police must find me in person so that I can sign something proving that I have received the slip. So the police will come to my address to find me. Does this usually happen? The LP guy just said he would send in the reports and then they would send me a letter in the mail.

Thank you for your time

 

[shrinkmaster]

The Police do not need to "come get you". If you get a letter in the mail with a court date then you "must" appear. Not sure why you were told what you were. Do not ignore any letter from courts. You might get a letter from DA's or Police asking you to surrender yourself for booking perhaps thats what they meant