Theft Lawyer Toronto- Providing Expert Legal Lawyers
If you ever get caught in a theft case, do not panic; immediately hire a lawyer to defend you and bring you bail. Kazandji Law provides the most experienced and best lawyers who will provide expert legal advice.
Understanding Theft
Theft falls in the category of property offence that covers different illegal acts, such as shoplifting or taking the personal property of a friend, stranger, family member, or company without their permission.
Most theft investigations occur at the request of the victim who has discovered the theft. They will call the police and report the incident.
In many shoplifting situations, the suspected thief may be at the scene. If the thief is absent, police must check the footage or other records to determine who committed the offence.
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Consequences of Theft Under $5,000
Only the theft offence exceeding $5,000 is considered chargeable by the government. For such charges, the accused has the right to choose trial by a judge alone in the Canadian Court of Justice, alone in the Superior Court of Justice, or by judge and jury in the Superior Court of Justice.
Penalties for theft exceeding $5,000 may involve imprisonment for ten years. In Toronto, the judge will consider multiple factors regarding both the offence and the offender when sentencing for theft charges, including;
- Number of thefts alleged
- Any prior criminal history
- The value of the goods stolen
- Whether there was a breach of a position of trust, such as theft from an employer
What Happens if you Charged with Theft
After gathering all the evidence, if police believe you are the suspect, they arrest you. If you are absent, they eventually track you or issue a warrant of arrest against you.
If you have been charged, you need to contact Kazandji Law immediately, depending on the value of the theft. The Crown will try to move the case to the court quickly as it is not considered a crime.
Kazandji Law will provide you with options based on the evidence. In your first session, we will guide you on how the legal system works and what options may be available.
How to Beat a Theft Charge
Every situation is unique when it comes to theft. Following are some of the questions that need to be asked to understand what options are available to you.
- Was it a first offence?
- How much was the value of the theft?
- Were there unusual circumstances?
Possible defences rely on the concept that you believed the item was always yours. In other cases, if you return the item or financially compensate the victim, it may be sufficient to avoid a criminal record.
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Investigation of Theft Charges in Toronto
When someone reports a theft in Toronto, the investigation usually starts with a complaint from a witness. This could be someone who saw it happen, like a store security guard or someone who had their things taken.
To start looking into it, the police come to where it happened and ask the witnesses to write down what they saw.
Most theft investigations start in the first place. Sometimes, the person suspected of stealing is still available when the police show up, especially in shoplifting cases.
If the suspect is not there, the police will check the security cameras or the other records to determine who did it.
Once the police are done collecting all the evidence, they will arrest you if they think you are the one who did it. If you were not there when it happened, the police will try to find you or get a warrant to arrest you.
After you are charged, the police will gather all the evidence they have, which they will give to the crown lawyer in a package called ‘disclosure package.’ You have all the rights to see this package to know their evidence against you.
When you hire one of our lawyers, our lawyer will help you get this package and go through it with you. He will look into the case’s strengths and weaknesses against you and see if any legal defences can be used.
Negative Effects of a Theft Charge
If there is any criminal record against you that has arisen from theft, it will negatively impact your future. You might lose your current job and need help finding new ones.
Anyone who knows about the criminal record against you may develop a negative opinion of you that can easily damage your social standings and create long-term distance from your community.
Best Defenses for Theft
The following are the best defences for theft;
No Mental Intent
In theft cases, a common defence is you did not mean to take something. But you accidentally left the store with something you should have paid for.
Identity
Sometimes, if there is no clear video or the video they have is of bad quality, you can argue you did not commit the crime. They might believe the authorities wrongly identified you because the footage was too blurry. You should prove where you were when the crime happened to support this argument.
Violation of Constitutional Rights
Canadian Charter of Rights and Freedoms lists your rights before and after you get arrested in the case. If the police do not follow these rights, it could help your defence.
Colour of Right
This defence may be helpful when you honestly believe that you had a lawful right to property when, in reality, you did not have the right. For example, if you took your friend’s car with honesty but mistakenly believed that he was lending it to you.
Bail Process for Theft Charges in Toronto
If you get charged with theft in Toronto, the police might let you go with a release order. They will give you a paper on which charges are listed or any dates of the court that you need to remember.
This paper might have rules you must follow until you get bail, like staying away from where the theft happened.
If you have any criminal record or the crime allegations are very serious, a formal hearing is required to secure your release.
To conduct a bail hearing, you will be taken to the Toronto Police Service Division, which is responsible for the crime committed. The bail hearing must be held within 24 hours.
FAQs
What is the punishment for theft under $5000 in Canada?
In Canada, theft under $5000 can lead to a maximum punishment of two years in prison, reflecting the seriousness of the crime even at lower values.
What is the penalty for stealing $10,000 in Canada?
For stealing an amount like $10,000 in Canada, the law stipulates a penalty of up to 10 years in prison, emphasizing the increased severity for higher theft amounts.
Is theft a criminal offence in Canada?
Yes, theft is considered a criminal offence under the Canadian Criminal Code, categorizing it as a significant violation of law.
Can you go to jail for theft in Canada?
Yes, in Canada, theft can result in jail time. Specifically, for amounts over $5,000, the maximum penalty can reach up to 10 years on indictment or up to 2 years less a day if proceed summarily.