Nova Scotia Theft Lawyers

Two numbers decide a theft charge in Nova Scotia. The first is $5,000, the line between theft under and theft over. The second is zero, the number of prior convictions that makes restorative justice or a discharge realistic. A Nova Scotia theft lawyer aims a first charge at an outcome with no criminal record. On a serious charge the fight is over the evidence of the amount.

Theft, Fraud and Possession Are Charged Under Four Criminal Code Sections

Section 322 of the Criminal Code defines theft. Section 334 splits the penalty at $5,000. An employee or a contractor is usually charged with fraud under s. 380. Possession of property obtained by crime under s. 354 catches the buyer of stolen goods. The most common theft charge in the province is shoplifting in Halifax’s malls and big-box stores, and that is theft under.

Restorative Justice or a Discharge Ends a First Charge Without a Conviction

Nova Scotia’s Restorative Justice Program accepts adult referrals for property offences at the Crown’s or the court’s discretion. A referral takes the case out of court. On completion it ends without a conviction. If the Crown refuses a referral, a conditional or absolute discharge after a plea also leaves no conviction. Either request goes in with the material that makes it easy to grant. Restitution paid. A letter about the circumstances. Counselling where gambling or addiction drove the theft.

A Nova Scotia Theft Lawyer Tests the Audit Figure in an Employee Theft Case

The employer’s loss-prevention interview happens before anyone calls the police, and the Charter does not govern it. That makes it the most dangerous conversation in the case. The evidence is till reports, surveillance and an audit, and the audit’s figure is frequently wrong. A Nova Scotia theft lawyer tests the amount, the employer’s own controls, and whether the shortfall is theft at all. Restitution offered early is the strongest mitigation on sentence. The employer’s civil claim, if it brings one, is a separate matter.

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

Theft under and shoplifting are tried in the Provincial Court of Nova Scotia. Theft or fraud over $5,000 is indictable. The accused elects between the Provincial Court and the Supreme Court of Nova Scotia, and in the Supreme Court between judge alone and a jury. A conviction for a crime of dishonesty is weighed in bonding, professional licensing and immigration status for years.

The Halifax office defends theft and fraud charges across the province.

First Shoplifting Charge. Will I Have a Record?

Usually not if the case is handled well. A restorative justice referral or a discharge is the ordinary outcome for a first, small theft. Both have to be asked for, with the right material.

The store sent me a letter demanding $500 in “civil recovery”.

That letter is separate from the charge and rarely pursued. Do not pay it without advice. Paying it does nothing about the charge.

My Employer’s Audit Says $60,000. It Is Nowhere Near That.

The amount is an element of the offence. We challenge the audit with the employer’s own records and, where the figure warrants it, a forensic accountant.

Can I Get a Pardon Later?

A record suspension exists after a waiting period. A discharge or a withdrawal means you never need one. That is why the first appearance matters.

Read the firm’s theft charges guide and employee theft in New Brunswick, which covers the same Criminal Code offences. The firm’s other criminal defence work is listed under injury law areas.