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Toronto Shoplifting and Theft Under $5000 Charges Lawyer

Undertaking / Promesse (Form 10) issued by the police in theft and/or fraud related cases.

A common form of charging paperwork issued by Ontario police forces for those charged with theft under $5000 and fraud under $5000 offences is the Form 10 Undertaking document. This document will contain the accused’s name, dob, address, a listing of the charges they are facing, and a fingerprint and court appearance date. It may also list additional conditions under section 5 such as not to attend at a certain location(s), not to communicate with specific people, to notify of any change in address/employment, etc.

An Undertaking (Form 10) issued by the police for theft under $5000 in Canada:

An Undertaking (Form 10) issued by the police to someone charged with theft under $5000

The difference between the Form 10 Undertaking and the Form 9 Appearance Notice is that the Form 9 does not have a section for “additional conditions” and merely lists the fingerprint and court dates. The Form 10 Undertaking may indicate that the offence was more serious as the police wanted to include additional release conditions however this is not always the case as sometimes the “additional conditions” section is left entirely blank.

As of 2022, more Ontario (and GTHA) police cars are equipped with newer printing technology that allows the police to type up the Undertaking and provide it to the accused at the scene. In the past they would have to transport them to the police station in order to release them on a Form 10 Undertaking.

How do the police determine what the additional conditions are on the Undertaking?

When arresting the accused the police will call the Sergeant/booker at the police station to ask permission to release the accused at the scene. The Sergeant will say yes or no to this along with what conditions will be needed in the event the answer is yes. The conditions will depend on the nature of the crime and the relationship between the accused and the alleged victim.

In most shoplifting or theft from the workplace cases (theft or fraud), the only additional conditions will be not to attend at the crime scene (often a store) and not communicate with others involved in the case. This can include store managers/owners, security guards, and sometimes co-accused individuals who were also involved.

What happens if I ignore the Form 10 Undertaking?

If you ignore the Undertaking and do not show up for fingerprints and/or court a warrant will be issued for your arrest and new charges for “Fail to Comply” (Section 145) will likely be issued against you. It is a criminal offence not to comply with any and all terms of the Form 10 Undertaking. If you are caught failing to comply with any of the terms you will eventually be rearrested and charged accordingly.

Those who fail to comply with a Form 10 Undertaking are often held for a bail hearing before being released again. Unlike the first time they were arrested, they have now demonstrated a lack of compliance and thus the police may not be comfortable letting them go so easily the 2nd time. If held for bail the court will decide if they can be released back into the public while their case is ongoing or not.

The accused may need to provide a cash bail or pledge a certain amount of money in order to get released. A surety (often a family member or friend) may also be required to pledge something of value to the court and agree to supervise the accused to ensure they comply this time with the terms of release.

Failure to comply under Section 145 of the Criminal Code is actually the most common criminal charge in Ontario, Canada and many of those cases arise from individuals who ignore or actively breach the conditions of a Form 10 Undertaking.

If I received a Form 10 Undertaking what information about the charges and my identity is entered and recorded in the police databases (CPIC, local indexes, etc.)?

When a Form 10 Undertaking is issued a case/file number is assigned and all of the information is stored in the local police force’s computer database. This information is then uploaded to the RCMP CPIC database which is accessible to all law enforcement in Canada and the U.S. (including U.S. Customs and Border Protection). When the accused is later fingerprinted and has their mugshot taken this information is also uploaded and stored in these databases.

When the case is ultimately completed in court the result (withdrawn, guilty, not guilty) along with any sentence imposed (probation, jail, etc.) will be entered and stored in the databases as well.

Such information can show up on police background checks for employment, when traveling to other countries such as the U.S., and can negatively impact a person’s immigration application with the IRCC if they are not a citizen of Canada.

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Have a skilled criminal lawyer who focuses on theft and fraud related charges protect you and your future from the stigma and consequences of a criminal record.

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
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  • Help with related immigration issues
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* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed. We also only take calls/emails relating to Ontario, Canada area cases.

Are you a lawyer? If you are defending a theft or fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


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  • Help with related immigration issues
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  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
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  • Experienced, focused counsel