Theft Lawyers in New Brunswick and Nova Scotia

The number on a 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 accused can elect a jury. A theft lawyer at this firm aims a first charge at an outcome with no record, and a serious one at the evidence of the amount, in New Brunswick and Nova Scotia.

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. Fraud under s. 380 is theft by deceit, and it is how an employee’s or a bookkeeper’s case usually gets charged. Possession of property obtained by crime under s. 354 catches the buyer of stolen goods. Shoplifting is theft under and is the most common theft charge in both provinces.

A Theft Lawyer Aims a First Charge at Diversion or a Discharge in Both Provinces

A first, small theft can end without a conviction. Diversion before a plea, or a conditional or absolute discharge after one. Each is asked for with restitution paid, a letter about the circumstances, and counselling where gambling or addiction drove the theft. Employee theft cases turn on an employer’s loss-prevention interview that the Charter does not govern and an audit figure that is frequently wrong. The amount is an element the Crown has to prove, and restitution offered early is the strongest mitigation. A conviction for a crime of dishonesty follows a person into bonding, professional regulation and immigration.

The Diversion Program and the Courts Differ Between the Provinces

Nova Scotia’s Restorative Justice Program is the widest diversion door. New Brunswick uses adult alternative measures under Crown policy. The courts are the Provincial Court and the Court of King’s Bench in New Brunswick, and the Provincial Court and the Supreme Court in Nova Scotia.

Each Province Has Its Own Theft Page

• New Brunswick theft lawyers
• Nova Scotia theft lawyers

The Store Sent Me a Civil Recovery Demand.

It is separate from the charge, rarely enforced, and never a substitute for dealing with the charge. Do not pay it without advice.

First Shoplifting Charge. Will I Have a Record?

Usually not if the case is handled well. Diversion or a discharge is the ordinary outcome for a first, small theft, and it has to be asked for with the right material.

Read the firm’s theft charges guide and employee theft. The other charges are at criminal defence; every practice area is under injury law areas.