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Toronto Shoplifting and Theft Under $5000 Charges Lawyer

Being warned or cautioned for shoplifting in the past by the police

How prior shoplifting warnings or cautions are kept in the police computer system and can negatively impact subsequent first time charges

The public has very little understanding of how the police store and share information about who they come in contact with. If you have been warned or cautioned for shoplifting, that information is being stored in the local police electronic database and likely is also being shared with other law enforcement agencies (including the RCMP and possibly US customs).

If you are subsequently arrested for shoplifting and have been warned in the past, the police will often ask you about the prior incident.

Some people, under the false belief that the police do not know about the prior warning, will lie or refuse to admit to having a history of shop theft. This denial is considered an aggravating factor and is often noted in the disclosure. This means that when you go to court, the Crown Attorney will react more harshly because you were warned before in the past and also because you lied about it during your second arrest.

It is more likely the prosecution will look for a criminal record (or conviction) if it is suggested that you were misleading or acting difficult with the store security or police.

Even if you are honest about the prior warning, it can still come back to haunt you

Having a history of prior shoplifting related incidents is always considered a negative or aggravating factor for the prosecution. It can cause them to seek a criminal record (often in the form of a fine or suspended sentence) or a more onerous resolution in your case. The police officers will normally mention the prior caution in their notes which are disclosed to the Crown (and ultimately disclosed to the accused).

How we help reverse the case problems created by prior warnings or cautions

While the security guards and police may describe you as an uncooperative and dishonest person who has a history of shoplifting in the past, often the accused is a person of good character who deserves a second chance.

We know exactly what documents and background information to present to ensure the negative effects of prior warnings, cautions, or charges, are mitigated. Our clients come prepared to court with documentation to demonstrate:
  1. Their good character

  2. Factors related to their history and personal life that explain their behaviour in a sympathetic way
While the police and the store security guards will call you a thief, we ensure that your side is properly presented to the court and the prosecution. You may have a history of shoplifting, but also a lifetime of experiences that are relevant in determining the appropriate disposition for your case. It is essential that you have a lawyer who knows what documentation and background facts and information are influential in getting your charges dropped.

Prior shoplifting case experience: We have the precedents and know which Crown Attorneys to show/deal with

Having dealt with hundreds of cases in the GTA area (Toronto, Peel, York, Halton, and Durham), we also have the unique benefit of possessing actual cases involving prior police warnings or cautions for shoplifting to show to the Crown Attorney. This prior case law is extremely persuasive. If we are able to prove that our previous client was able to have their charges dropped despite a prior warning or caution, the Crown should allow you to benefit from a similar outcome.


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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  Law and Consequences

  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • 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