If you are a first-time offender facing a Theft Under $5,000 charge in London, Ontario, you may be eligible to have your charges completely withdrawn. Generally, this is achieved by completing the Direct Accountability Program (DAP), which involves paying restitution, making a charitable donation, or doing community service.
Being stopped by loss prevention officers at a shopping centre like Masonville Place or White Oaks Mall can be a terrifying experience. A charge of Theft Under $5,000 is a criminal offence in Canada, and a conviction can severely impact your future employment and ability to travel. 🔍 However, the local justice system often recognizes that good people can make impulsive mistakes.
For minor shoplifting incidents, the Crown Attorney usually prefers rehabilitation over punishment. This means that instead of going to trial, many applicants are offered a chance to make amends through community-based diversion programs. By carefully navigating the local court procedures, it is often possible to resolve the matter without receiving a permanent criminal record.
Step-by-Step Process in London, Ontario
All criminal matters in London, including shoplifting, are handled at the London Courthouse located at 80 Dundas Street. 🏛 Navigating the system efficiently is crucial to securing a favourable outcome. Here is the general process most individuals follow when trying to get their charges dropped.
Step 1: Release and Fingerprinting
After being arrested by the London Police Service, you will likely be released on an Undertaking with specific conditions, such as a ban from returning to the store. You will also be given a mandatory date to attend police headquarters to have your fingerprints and photograph taken. You must attend this appointment, or you could face additional criminal charges.
Step 2: The First Court Appearance
Your first appearance at the 80 Dundas Street courthouse is not a trial; it is simply an administrative step to confirm your attendance and pick up your disclosure. 📄 Disclosure is the package of evidence the police have against you, including security footage and witness statements. Most people choose to hire a local law firm to attend this appearance on their behalf.
Step 3: Reviewing the Crown Screening Form
Inside your disclosure package, you will find a Crown Screening Form indicating how the prosecutor intends to proceed. If this is your first offence and the stolen amount was relatively low, the form may explicitly state that you are pre-approved for the Direct Accountability Program (DAP).
Step 4: Completing the Diversion Program (DAP)
If eligible, you will meet with a local DAP worker who will assign you a specific task to complete. 🤝 This might involve writing an apology letter, completing a short online anti-theft course, or making a charitable donation of $100 to $500 CAD. Once you provide proof that you have completed the task, the Crown Attorney will officially withdraw the charge.
How Much Does it Cost in London?
Resolving a shoplifting charge without a criminal record involves both legal fees and potential program costs. Here is a general breakdown of what you might spend in the London area as of April 2026:
- DAP / Diversion Costs: The program itself is free, but you may be required to make an upfront charitable donation or pay restitution to the store, usually ranging from $100 to $500 CAD.
- Lawyer Fees: Hiring a criminal defence lawyer to negotiate with the Crown and handle all court appearances generally costs between $1,500 and $3,500 CAD for a summary conviction matter.
- Civil Recovery Letters: The store may send you a letter demanding $300 to $600 CAD for “security costs.” Consult a lawyer before paying this, as it is completely separate from the criminal court process.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Charitable Donation (DAP) | $100 – $500 | Often required to complete the diversion program. |
| Lawyer Retainer | $1,500 – $3,500 | Flat fee to manage a standard shoplifting case. |
| Store Civil Demand | $300 – $600 | A civil claim from the retailer (optional, seek legal advice). |
How Long Does the Process Take?
The justice system requires patience. ⏳ From the date of your arrest to the final withdrawal of your charges, the entire process generally takes between 3 and 6 months. Court appearances are usually scheduled 3 to 4 weeks apart to allow you time to review evidence and complete your assigned diversion tasks.
Frequently Asked Questions (FAQ)
Will my mugshot and fingerprints be destroyed?
Not automatically. Once your charges are withdrawn, you must wait a specific period (usually 5 months) and then apply to the London Police Service to have your fingerprints and photographs formally destroyed. A law firm can assist with this application.
Do I really need a lawyer for a first-time offence?
While not strictly required, a lawyer ensures you do not accidentally say something that jeopardizes your eligibility for diversion. They also save you from missing work to attend multiple minor court dates.
Could this affect my immigration status?
Yes. If you are not a Canadian citizen, an active criminal charge or a conviction for an indictable offence can cause severe issues with IRCC. Getting the charges withdrawn through diversion is critical for permanent residents and students.
What if the Crown says I am not eligible for diversion?
If the Crown initially refuses diversion, your lawyer can request a Crown Pre-Trial (CPT) meeting. During this negotiation, your lawyer can present positive background information (like employment letters) to convince the prosecutor to change their mind.
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