Facing charges for possessing stolen goods in Markham requires a strategic defence, often focusing on proving you lacked the knowledge or intent that the item was obtained by crime. Finding a local defence lawyer to challenge the Crown’s evidence is crucial.
Buying a used car, a laptop, or a smartphone online through platforms like Kijiji or Facebook Marketplace is very common in Markham. But what happens if the York Regional Police show up at your door and claim the item you purchased is actually stolen? Being charged with Possession of Property Obtained by Crime is a highly stressful ordeal that can severely impact your criminal record.
Under the Canadian Criminal Code, simply having a stolen item in your possession is not automatically enough to secure a conviction. 🔍 The Crown Attorney must prove beyond a reasonable doubt that you knew, or were willfully blind to the fact, that the property was obtained illegally. This guide explains how you can defend yourself against these allegations in Ontario.
Step-by-Step Process When Facing Charges in Markham
Whether you live in Markham, Richmond Hill, or Vaughan, the York Regional Police and the local court system follow the same procedural steps. Most criminal cases originating in this region are heard at the Newmarket courthouse. Here is what you should do if you are facing these charges.
Step 1: Understand the Severity of the Charges
The severity of the charge heavily depends on the value of the property. 💰 If the stolen property is valued at over $5,000 CAD, it is considered an indictable offence, which carries much harsher penalties, potentially up to 10 years in prison. If the value is under $5,000, the Crown can proceed by summary conviction, which usually results in lighter penalties. Understanding what you are up against is the first critical step.
Step 2: Gather Proof of Purchase
To fight the accusation that you knowingly bought stolen goods, you need a paper trail. Collect all evidence related to the transaction. This includes screenshots of the online advertisement, chat logs with the seller, e-transfer receipts, ATM withdrawal slips, and any written bills of sale. This documentation can strongly demonstrate to the court that you believed you were making a legitimate, lawful purchase.
Step 3: Exercise Your Right to Remain Silent
When the police seize the item or arrest you, they will likely ask you questions about where you got it and how much you paid. 🚫 It is crucial that you do not provide a statement. Sometimes, people try to talk their way out of the situation and accidentally admit to being suspicious of the low price, which the police can interpret as willful blindness. Politely decline to answer and ask to speak to your law firm.
Step 4: Work with Your Defence Lawyer on Disclosure
Once you retain a Markham criminal defence lawyer, they will request the disclosure package from the Crown Attorney. This package contains all the police notes, witness statements, and evidence against you. Your lawyer will review this to find weaknesses in the police investigation-for example, whether the police conducted an illegal search and seizure to find the property in your home or vehicle.
Potential Defences for Possession Charges
A skilled lawyer can employ several defences depending on the unique facts of your case. The most common defence is a lack of knowledge. If you paid a fair market price for a used phone in a public place, it is reasonable that you did not know it was stolen. Another defence is challenging the element of possession itself. If the stolen item was found in a car you were riding in, your lawyer might argue that you did not have personal control or knowledge of the item.
How Much Does it Cost to Fight the Charges?
Defending against property crime charges in Ontario involves various legal fees, depending on how the Crown proceeds (indictable offence vs. summary conviction). 💵 Here is a breakdown of estimated legal costs in the Markham area:
| Service | Estimated Cost (CAD) | Description |
|---|---|---|
| Early Resolution / Withdrawal | $2,500 – $5,000 | Negotiating with the Crown Attorney to have charges dropped or reduced before trial. |
| Summary Conviction Trial | $5,000 – $10,000 | Full trial representation for property valued under $5,000. |
| Indictable Offence Trial | $10,000 – $20,000+ | Complex trial proceedings for high-value property (over $5,000), such as stolen vehicles. |
How Long Does the Process Take?
The timeline for resolving a possession charge in York Region can vary. 📅 If your lawyer successfully negotiates an early resolution or diversion program, the matter might be settled in 3 to 6 months. However, if the case proceeds to a full trial at the Ontario Court of Justice, it is common for the process to take 12 to 18 months.
Frequently Asked Questions (FAQ)
Can I just return the item to avoid charges?
Returning the item once you discover it is stolen is the right moral choice, but it does not automatically erase the criminal charge if the police are already involved. Always consult a lawyer before making a move.
What does willful blindness mean?
Willful blindness occurs when you are suspicious that an item might be stolen (e.g., buying a brand new $2,000 laptop for $200 in a dark parking lot) but you deliberately choose not to ask questions to avoid knowing the truth.
Will I get a criminal record for this?
If you are convicted, yes, you will receive a criminal record, which can affect your employment and ability to travel. A strong defence aims to secure an acquittal or a withdrawal of the charges.
What if the property belonged to my roommate?
If the police find stolen goods in a shared living space in Markham, your lawyer can argue that you had no knowledge of the items and did not exercise any control over them.
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