Advice For People Charged With Shoplifting

The entire procedure from being arrested at the store to now having to come to a lawyer and then having to go to court is very removed from their normal lives. These are people who probably have no record and have had no involvement with the police in their lives. They have been publicly humiliated when a loss prevention officer arrests them and potentially handcuffs them.

On the positive side, the likelihood of Diversion is extremely high. Shoplifting is one of the criminal offences that can be resolved relatively quickly. Within one or two court appearances, everything can be sorted out and the clients can be back to their lives.

We are also very upfront with clients when we tell them that this is one of only times that they may not need a lawyer to help them. This is true if this is a first offence, they have no previous criminal record, the value of the item was small, and it has been returned to the store. In all likelihood, the clients can go to the court themselves. There will be a duty counsel there who can help them and the charge screening form that the Crown Attorneys prepare will probably already state that they are eligible for Diversion. The Crown will tell the clients what they have to do, whether it’s community service or some charitable donation. The client does what is required, comes back in three or four weeks, and the charge is withdrawn. This is something that a lay person can often accomplish on his or her own. That said, about half of my clients, even after I explain this to them, still want to have me with them in court. But people have to recognize, unfortunately, that there is a significant cost to that. So we leave the option to the clients. They don’t need a lawyer for this, but if they want one, we are available.

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If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi for a consultation.