For a first-time Theft Under $5000 offence in Markham, you may be eligible for the Direct Accountability Program (Diversion). Completing this program allows your charges to be withdrawn, leaving you with no criminal record. Lawyer fees to negotiate this typically start around $1,500 CAD.
A momentary lapse in judgment should not ruin your entire future. Shoplifting from a local Markham store, price-tag swapping, or minor employee theft usually results in a charge of Theft Under $5000. Under the Criminal Code of Canada, this is a hybrid offence, meaning the Crown can prosecute it as either a summary conviction or an indictable offence. While it is considered a minor property crime, a conviction still results in a permanent criminal record, which can destroy job opportunities and hinder international travel.
Fortunately, the Ontario justice system recognizes that first-time offenders who commit minor, non-violent crimes often benefit more from rehabilitation than strict punishment. 🔄 This is where ‘Diversion,’ officially known in Ontario as the Direct Accountability Program (DAP), comes into play. By working with a local criminal defence lawyer, most applicants in this province can negotiate to enter this program, complete specific sanctions, and walk away with a clean record.
Step-by-Step Diversion Process in Markham, Ontario
If you are caught shoplifting in Markham, the York Regional Police will process your arrest, and your court dates will be scheduled at the Newmarket Courthouse. Navigating the diversion process requires careful steps to ensure the Crown agrees to your participation.
Step 1: Fingerprinting and First Court Appearance
After your arrest, you will likely be given a Form 10 (Promise to Appear), which includes a date for fingerprinting at a police station and a date for your first court appearance. 👆 You must attend both. Your lawyer can attend the first court appearance on your behalf to collect the initial disclosure (the police evidence against you).
Step 2: Requesting Initial Screening for Diversion
Not everyone is automatically offered diversion. Your lawyer will review your disclosure and advocate to the Crown Attorney that you are an ideal candidate for the Direct Accountability Program. The Crown will consider factors such as your lack of prior criminal history, the low value of the stolen items, and whether the items were recovered by the store.
Step 3: Completing the Program Requirements
If approved for diversion, your case is temporarily put on hold while you complete the assigned tasks. 📝 In Ontario, these tasks are typically administered by community organizations like the John Howard Society. Requirements often include making a charitable donation, completing an online anti-theft counselling course, or writing a sincere letter of apology to the business.
Step 4: Having the Charges Officially Withdrawn
Once you provide proof that you have completed all the diversion requirements, your lawyer will present this certificate of completion to the court. At this point, the Crown Attorney will officially withdraw the Theft Under $5000 charge. You will leave the courthouse with no criminal conviction and your record will remain clean.
How Much Does a Lawyer Cost for a Diversion Case?
Investing in legal representation for a diversion case is generally much more affordable than funding a full trial. 💰 The goal is quick resolution and record preservation. Most law firms charge a flat or block fee for diversion matters.
- Standard Diversion Fee: Most lawyers charge between $1,500 and $3,500 CAD to handle a Theft Under $5000 case from start to successful diversion.
- Program Costs: The Direct Accountability Program itself is usually free, but you may be required to pay a charitable donation (often between $100 to $500 CAD) as part of your sanctions.
- Restitution: If the stolen property was damaged or not recovered, you must pay back the store for the exact value of the items.
Here is a comparison of outcomes between completing diversion and going to trial:
| Legal Path | Financial Cost (Estimate) | Impact on Criminal Record |
|---|---|---|
| Successful Diversion (DAP) | $1,500 – $3,500 (Lawyer) + Donation | No criminal record (Charges withdrawn) |
| Proceeding to Trial (Loss) | $5,000 – $10,000+ (Lawyer) + Court Fines | Permanent Criminal Record |
How Long Does the Diversion Process Take?
The timeline for the Direct Accountability Program is generally quite fast compared to standard litigation. ⌚ Most diversion cases in the Markham and Newmarket area take about 2 to 4 months to resolve. This timeline includes receiving the initial disclosure, negotiating with the Crown, and giving you a few weeks to complete the assigned counselling or community service.
Frequently Asked Questions (FAQ)
Do I have to plead guilty to enter the diversion program?
No. One of the biggest advantages of the Direct Accountability Program in Ontario is that it requires you to accept responsibility for your actions, but it does not require a formal guilty plea in front of a judge. Therefore, you avoid a criminal conviction.
Will my employer find out about the theft charge?
If the charge is successfully withdrawn through diversion, it will not result in a criminal conviction on your record. However, while the charge is active in court, it could potentially appear on an in-depth police background check. Your employer is generally not notified directly by the police.
Can I get diversion if this is my second theft offence?
It is significantly harder, but not completely impossible. The Crown typically reserves diversion for first-time offenders. If you have a prior record, your lawyer will have to present exceptionally compelling reasons (such as a severe mental health crisis) to convince the Crown to offer the program again.
What happens to my fingerprints and mugshot after diversion?
Once your charges are withdrawn, the police still retain your fingerprints and photographs. However, you or your lawyer can apply for a ‘file destruction’ with the York Regional Police to have these records destroyed, usually after a mandatory waiting period of 5 to 12 months.
What happens if I fail to complete the diversion tasks on time?
If you do not complete the required sanctions (such as the donation or course) by your given deadline, your case will be sent back to the regular court stream. The Crown Attorney will revoke the diversion offer and proceed with prosecuting the criminal charges against you.
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