New Brunswick Theft Lawyers

The number on a New Brunswick theft charge is $5,000. Below it the charge is usually summary and a first offender is often diverted. Above it the charge is indictable, the Crown can seek jail, and the case can go to the Court of King’s Bench. On a first charge a New Brunswick theft lawyer aims for an outcome with no record. On a serious one, the defence is built from the store’s or the employer’s own evidence.

Sections 322, 334, 380 and 354 of the Criminal Code Cover Theft, Fraud and Possession

Section 322 of the Criminal Code defines theft as taking or converting something with intent to deprive the owner of it. s. 334 splits the penalty at $5,000. Fraud under s. 380 is theft by deceit, and it is how a bookkeeper’s or an employee’s case is usually charged. Possession of property obtained by crime under s. 354 catches the person who bought the stolen tools. Shoplifting is theft under. It is the most common theft charge in the Moncton and Saint John courts.

Diversion or a Discharge Leaves a First Offender Without a Conviction

New Brunswick Crown policy allows adult alternative measures for a minor first offence. The Crown holds the charge while you complete conditions such as an apology, restitution or community hours, then withdraws it. There is no conviction. Where diversion is refused, a conditional or absolute discharge after a plea leaves no conviction on the record. A New Brunswick theft lawyer makes that request with the material the Crown needs to say yes. That means proof of restitution, a letter about the circumstances, and evidence of counselling where the theft was linked to a gambling or substance problem.

Employee Theft Cases Turn on the Employer’s Own Interview and Accounting

An employer who suspects theft usually has surveillance, till records, and an interview it conducted before calling the police. That interview is not a police interview and Charter rights do not apply to it. A confession to a loss-prevention officer is evidence, and the Crown uses it. A New Brunswick theft lawyer examines whether the loss is proven at all, whether the amount is inflated, and whether the employer’s own practices allowed the discrepancy. Restitution offered early is the strongest mitigation on sentence, and civil recovery by the employer is separate from the criminal case.

Theft Under Is Tried in Provincial Court and Theft Over Carries an Election

Theft under and most shoplifting are tried in the Provincial Court of New Brunswick. Theft or fraud over $5,000 is indictable and gives the accused the election of Provincial Court, King’s Bench judge alone, or King’s Bench with a jury. A theft conviction is a crime of dishonesty. Bonding companies, professional regulators and immigration officers each ask about it.

The Moncton office and the Saint John office defend theft and fraud charges.

I Was Caught Shoplifting for the First Time. Can a New Brunswick Theft Lawyer Keep It Off My Record?

Usually not, if the case is handled properly. Diversion or a discharge is the ordinary result for a first offence of a small amount, but it has to be asked for and supported.

The Store Is Also Sending Me a Civil Demand Letter. Do I Pay It?

Those letters demand a “civil recovery” fee under threat of suit. They are separate from the charge and rarely enforced. Ask before paying anything.

My Employer Says I Stole $40,000. the Real Number Is Far Less.

The amount is an element the Crown must prove. Overstated losses are common, and the accounting is where the case is fought.

Can a Theft Conviction Be Pardoned Later?

A record suspension is available after a waiting period, but a discharge or a withdrawal avoids the record altogether, which is why the first appearance matters so much.

Read the firm’s theft charges guide and employee theft in New Brunswick. The injury law areas page covers the firm’s other criminal work.