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Toronto Shoplifting and Theft Under $5000 Charges Lawyer

Promise to Appear in Theft Under $5000, Fraud Under $5000, and other shoplifting related offences in Canada.

A Promise to Appear document was used pre-2020 in more serious shoplifting cases where the Police were not satisfied with releasing the accused on a Form 9 Appearance Notice.

PLEASE NOTE: As of 2022, this document has now been replaced with the Form 10 Undertaking document. This page is for historical reference only.

While most people charged with shoplifting (theft under $5000, etc.) offences are issued an Appearance Notice by the Police, others will receive a Promise to Appear document on a white piece of paper. Prior to 2020, the Promise to Appear was found in the Criminal Code of Canada and was used to compel the accused (or their lawyer) to attend court. It is also used to compel the accused to attend for fingerprints and to have their mugshot taken if they have not already done so at the police station.

Promise to Appear vs. Appearance Notice: What is the difference?

Generally speaking the white Promise to Appear release was used in shoplifting cases where significant aggravating factors are alleged. However this was not always the case. Some individuals charged with very serious thefts were released on Appearance Notices as well. Some accused individuals who are brought to the Police station were released from there on a Promise to Appear while others will be held overnight for a bail hearing at the courthouse the next morning. Given that theft under $5000 is usually a non-violent crime, there is usually a fairly high likelihood that the accused will not be held for bail.

The Appearance Notice (Form 9) is most often used when the accused is released at the scene of the crime (the store). This signifies the police officer in charge of the case (OIC) was satisfied with:
  1. the accused’s identification;
  2. that the accused will attend for fingerprints and court, and;
  3. that they will not commit further crimes in the interim.
If the officer is not certain of all of the above three factors, they will transport the accused to the police station to determine the method of release. At the police station the officer will speak to their manager who will decide whether the police are comfortable with releasing the accused without Judicial input on a Promise to Appear or whether they will be held for a show cause hearing (bail hearing).

A Promise to Appear was a more serious form of release which indicates the Police officer on scene was not satisfied that an Appearance Notice release was appropriate. The Promise to Appear was thus more likely to be issued in cases where aggravating factors exist and the accused is brought to the station, such as:
  1. High value cases
  2. History of prior offences
  3. The theft taking place in front of a child
  4. Other offences present such as: resisting arrest, possession of burglar tools, escape lawful custody
  5. Thefts from the person's employer, personal property of a 3rd party member of the public (wallet, phone, etc.)

An Undertaking Given to a Peace Officer or an Officer in Charge (Form 11.1) was also sometimes needed to be signed prior to release from the police station if the accused is not held for a Bail Hearing.

The Officer in Charge of the case (OIC) or their manager may not be comfortable releasing the accused without them agreeing to sign an Undertaking Given to an Officer in Charge (Form 11.1 pre-2020) by which they must agree to certain conditions such as not to attend at a specific location (the store allegedly stolen from in shoplifting cases), or associate with certain individuals. This allows for the Police to put some protections in place for the victim without having to keep the accused in custody. In cases involving resisting arrest, multiple stores being targeted, or the same store being shoplifted from on a repeated basis an Undertaking is more likely to be required prior to the accused's release.

Cases where the accused is held for bail

If the booker or managing police officer at the police station is not satisfied that the police can release the accused directly from the police station, they will hold them overnight so they can be brought for a show cause bail hearing in front of a Justice of the Peace of Judge in court the next morning.

This means the accused will be searched, stripped of any items that can potentially be used for self-harm (shoelaces, belts, etc.) and placed in a small cell at the police station with a concrete bed and a metal toilet. Monitoring of the cells is done via CCTV and the Police will later serve the accused with a document entitled "Notice to Accused Regarding Cell Area DCCTV Recording Retention Periods" informing them that video of their detention exists and can be requested for viewing within a certain time frame (usually 12 months).

The first bail related appearance before a Justice of the Peace or Provincial Court Judge will take place within 24 hours of the arrest. In most non-violent offences cases such as theft or fraud the Crown will not usually oppose the release of the accused however a surety may be required to pledge to supervise them in the community. If the bail conditions cannot be worked out at the show cause hearing (no surety, Crown opposes release, etc.), the accused will be remanded to a Provincial jail to await further appearances.

As most shoplifting cases are not violent crimes (apart from resist arrest scenarios), most individuals will ultimately be released on an Appearance Notice or a Promise to Appear.

Being released on a Promise to Appear strongly suggests the allegations against the accused are more serious. This being said, many serious theft cases such as breach of trust (theft from an employer) result in the accused being released on scene with an Appearance Notice.

Regardless of the method of release, all individuals charged with theft under $5000 (shoplifting or non-shoplifting) and fraud under $5000 offences will be fingerprinted and have their case heard in the Ontario Court of Justice.

AS MENTIONED ABOVE: As of 2022, the Promise to Appear document has now been replaced with the Form 10 Undertaking document. This page is for historical reference only.


Call us today for a free assessment

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with all forms of theft and fraud related offences throughout Ontario, Canada.

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:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* 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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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and info
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel