First-time offenders in Ottawa charged with Theft Under $5,000 may qualify for the Direct Accountability Program (DAP). By completing community service or making a charitable donation, you can have your shoplifting charges withdrawn without getting a criminal record.
Making a poor split-second decision at the Rideau Centre or a local Ottawa grocery store does not have to ruin your life. 💰 Shoplifting is legally classified as “Theft Under $5,000” under the Criminal Code of Canada. While it is a criminal offence that involves being fingerprinted and photographed by the Ottawa Police Service, the local justice system recognizes that first-time, minor property crimes do not always require harsh punishment.
For many individuals with no prior criminal history, the Crown Attorney’s office offers diversion programs. The primary program in Ontario is the Direct Accountability Program (DAP). This initiative allows eligible individuals to take responsibility for their actions outside of the traditional courtroom process, ultimately keeping their criminal record completely clean.
Step-by-Step Process for Shoplifting Diversion in Ottawa
Getting your charges diverted is not automatic; it requires applying through the proper legal channels at the Elgin Street Courthouse. 📋 Here is how a standard shoplifting case proceeds toward diversion.
Step 1: Attending for Fingerprints and First Appearance
When you are caught shoplifting, the police will usually give you a Form 9 Appearance Notice. This document contains two mandatory dates: one to attend the Ottawa Police station for your fingerprints and mugshot, and another for your first appearance at the Ontario Court of Justice. You must attend both, or a warrant will be issued for your arrest.
Step 2: Requesting Crown Screening for DAP
Before your first court date, your lawyer will request the initial disclosure (the police report and security footage) from the Crown. 🗂 Your law firm will review this evidence and formally advocate to the Crown Attorney that your case is suitable for the Direct Accountability Program, highlighting your clean record and the low value of the stolen goods.
Step 3: Completing the Diversion Sanctions
If the Crown approves you for DAP, you will meet with a local Community Justice Worker in Ottawa. They will assign you a task to make amends. This typically involves completing a short anti-theft educational program, performing a set number of community service hours, or making a charitable donation (e.g., to an Ottawa food bank). Once completed, the Crown officially withdraws the criminal charge.
How Much Does it Cost in Ottawa?
Participating in the diversion program saves you from a criminal record, but there are some financial commitments involved. 💵
- Lawyer Fees: Hiring an Ottawa criminal defence lawyer to negotiate your entry into the diversion program and handle court appearances generally costs between $1,500 and $3,500 CAD.
- Charitable Donation: If a donation is selected as your diversion sanction, the typical amount requested is between $100 and $500 CAD, payable to a registered charity.
- Restitution: You may also be required to pay back the store for the exact value of the stolen items, assuming the merchandise was not recovered in sellable condition by the loss prevention officer.
How Long Does the Process Take?
Resolving a minor shoplifting charge through diversion is generally one of the faster processes in the criminal justice system. ⏳ It usually takes about four to eight weeks to receive your initial disclosure and be approved for the Direct Accountability Program. Once approved, you are usually given a few months to complete your required community service or donation. In total, the charge is typically withdrawn within three to six months from the date of the offence.
Frequently Asked Questions (FAQ)
Do I have to plead guilty to participate in the Direct Accountability Program?
No. You do not enter a formal guilty plea before a judge. You must simply accept responsibility for your actions to the Community Justice Worker. Because there is no guilty plea, you do not receive a criminal conviction.
Will the shoplifting charge show up on a background check?
While the charge is pending, it will appear. Once the charge is officially withdrawn, you will not have a criminal record. However, your lawyer should still apply to the Ottawa Police Service to have your fingerprints and photographs destroyed so your file is completely cleared.
Can I just pay the store manager to drop the charges?
No. In Canada, once the police are involved, the store no longer has the authority to drop the criminal charges. Only the Crown Attorney prosecuting the case at the Ontario Court of Justice can withdraw the theft charge.
What happens if the stolen items were worth more than $5,000?
If the value exceeds $5,000, you will be charged with Theft Over $5,000, which is a strictly indictable offence. The Crown treats this much more seriously, and while diversion is sometimes possible in exceptional circumstances, it is significantly harder to secure.
Leave a Reply