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Jordan Donich - Toronto Shoplifting Lawyer - Theft or Fraud Under $5000: The Legal Reality
By: Donich Law Professional Corporation
If you're lucky, you may get off with a slap on the wrist. Depending on luck is a bad idea though and you could just as easily end up with a criminal record. A permanent reminder of what was, hopefully, a momentary lapse in reasoning. An anomaly in the life of an otherwise law-abiding citizen. Or not. I'm not here to judge.
Having a criminal record is a big deal if you plan on trying to lead a normal life. Will you survive? Yup. Surviving and living though are two very different things. You see, a criminal record isn't just a painful personal reminder of a past transgression. It's a barrier in many cases to employment opportunities and can include future travel restrictions as well. Not to mention criminal sanctions which can include fines, release conditions like community service or even imprisonment depending on the nature of your offense.
The impact on your future work life is perhaps the most lasting and noticeable effect of a criminal record. Even entry level jobs often require a background check these days. Climbing up from an entry level position in an organization is likely to require one as well. You can have the most impressive resume in the pile. You can be the most attractive, well-spoken, witty applicant. Simply put, you can be the obvious choice and a criminal record can put the brakes on getting what might have been your dream job.
Proper Legal Representation... Get Some!
Now that I've gotten all of the doom and gloom out of the way and scared anyone facing a charge like this half to death, I'll move on to the good news. There IS good news, believe it or not. All is not necessarily lost and you may yet get through this without a permanent record of what you've done following you for eternity. What you should focus on now is obtaining proper legal representation.
One of Toronto's top Criminal Defense Lawyers has agreed to give up some of his valuable time to answer questions relating to theft and fraud charges. He'll also be giving us a bit of an inside track on how best to avoid a permanent criminal record. Jordan Donich of Donich Law Professional Corp. has extensive experience defending against charges of this nature.
Mr. Donich deals with these types of charges often. His website at http://www.mydefence.ca is full of useful information on the topic. He's more than qualified to answer some of our questions. While he's made it clear that he WILL NOT be handing out legal advice, the answers he'll be providing to more general questions should shed some light on the topic for all of us.
Q&A With Jordan Donich, of Donich Professional Law Corp.
Q:Theft or Fraud Under $5000 seems to be a very specific charge, what does it mean?
A:When you are charged with Theft or Fraud Under $5,000, the Crown will be required to prove the monetary value of the offence, in this case, that the value of the stolen goods is/are less than $5,000.
Q:What kind of Theft or Fraud cases have you handled?
A:We have successfully defended small scale allegations, such as $2.99 ChapStick all the way up to sophisticated internal employee fraud rings as high as $60,000.00. We recently were consulted on a $4 Million Dollar TTC Orthotics Insurance Fraud scheme.
Q:What types of people have you defended?
A:We have successfully defended Students, Financial service workers, Bankers, Paralegals, Doctors, Religious Leaders, Retirees, Masters and PHD Students, Nurses, Architects, Institutional Traders and many other professions employed in a position of trust. We have even defended staff employed by the Law Society of Upper Canada charged with Shoplifting related allegations.
Q:I've been charged and have no idea what happens next. Do these cases proceed in a predictable manner and if so what should I expect?
A:Generally all cases start with the person being Issued a Form 9 or Appearance Notice Issued By a Peace Officer, the Form is often a small Blue Ticket given to accused by the police. Subsequently, the accused will be required to be printed and photographed by police and ultimately attend their first court date.
Q:If you stand accused of theft or fraud, what are the first actions you should take?
A:The first decision anyone should ultimately decide is whether they wish to retain a lawyer on their own, or proceed self-represented. Consulting a lawyer as soon as possible, ideally one with a free consultation, will give you at least some initial information.
Q:Are there any actions a person accused of theft or fraud should absolutely avoid?
A:There are a number of things people should avoid doing when faced with these allegations. The most obvious I would recommend is not doing it again. Surprisingly, we experience this frequently and things become much more challenging to resolve.
Q:In what ways can a criminal record negatively impact a person's life and how long will it remain an issue?
A:A Criminal Record is really a life sentence, unless you are able to obtain a Record Suspension at some point. Your employer will likely terminate you, Citizenship will be much more difficult to obtain, if at all, and it will be extremely challenging to find any meaningful employment with comprehensive police record checks.
We are frequently sought for advice on how to conceal allegations of Theft and Shoplifting from a person’s employer and even their own spouse.
Q:How important is proper legal representation and how could it affect the outcome of my case?
A:t is important to find someone who has a good reputation, practices in the jurisdiction of the offence(s) and has proven results. You want someone who handles serious and complex cases, so that they will have the tools to defend you and a proven track record. No doubt, having someone with these qualities will increase your chances of avoiding a conviction.
Q:Is there anything else you think a person accused of theft or fraud should know before deciding on legal representation or making other important decisions?
At the very least, speak to any lawyer, ideally for a free consultation. It will never hurt you to get some form of legal opinion or recommendation before attending court alone. At the end of the day, your Criminal Lawyer’s job is to deliver results to you, that is why he/she is paid, so they have a vested interest in your interests.
Jordan Donich can be reached via his website at http://www.mydefence.ca or by phoning 416-DEFENCE.
Donich Law Professional Corporation
Page Updated Last on: Dec 01, 2015