Theft and Shoplifting Lawyer in Toronto

Defending Against Theft and Shoplifting Charges

When you have been charged with theft or shoplifting, you could face jail time, even if you are charged with a first-time offence. What should you do if you are accused of theft and facing charges? The best approach will vary based on the facts, but speaking with our criminal lawyer in Toronto is the right place to start.

At AR Law, the legal team at our law firm understands that mistakes happen. At times, this could mean a mistake made by police or accusers that results in being wrongfully charged with a theft or shoplifting offence and facing prosecution. You may have made a mistake in your actions — but should our lives be defined by one misstep? We don’t think so. If you’re facing criminal charges related to stealing property, our Toronto theft/shoplifting lawyer is ready to review your case and let you know your options. Contact us today to schedule your free consultation. We’re here to help.

What Are the Penalties for Theft Under the Criminal Code?

The penalties could change your life forever if you are convicted of shoplifting, theft, fraud, or other theft-related offences. The criminal code is not a one-size-fits-all system, and the consequences of a conviction will vary significantly based on the value of the items alleged to have been stolen and any prior criminal record. An individual accused of stealing a low-value item can expect a far different outcome than a defendant charged with defrauding another person or company of thousands of dollars. Theft and shoplifting crimes could be a summary conviction or an indictable offence based on the value of the items in the case.

An indictable offence will bring far more serious penalties than a summary conviction. In fact, it could mean the difference between probation and a lengthy jail sentence. Which approach the Crown Attorney takes will often depend on the value of the items.

Theft of Items Valued at $5,000 or Less

If you’re charged with theft of $5,000 or less, prosecutors will often elect for summary charges. In a worst-case scenario, a conviction could lead to a prison sentence of up to two years. You may also face no jail time, but will have a criminal record and other potential consequences. With the assistance of a talented criminal defence lawyer, various strategies could be employed to seek a dismissal of the charge, a reduced charge, or a “not guilty” verdict in court.

Theft of More Than $5,000

When accused of theft of more than $5,000, prosecutors typically file the charge as an indictable offence. In such cases, even shoplifting charges can carry a prison sentence of up to 10 years. While this might seem like a bit much for a shoplifting charge, it’s important to remember that many small items carry immense value (e.g., jewelry, electronics). Too many first-time offenders believe that the Crown won’t impose severe penalties for stealing individual items and are later shocked to find themselves in severe legal trouble. Speak with a theft and shoplifting lawyer in Toronto today.

Other Potential Outcomes of Theft Charges

When someone is convicted of a crime, they typically think that a jail sentence and monetary fees are their biggest worries. However, every theft lawyer in Toronto can tell you that the consequences of a conviction are often far more severe. While the criminal justice system can only go so far in its punitive measures — including giving you community service hours even when your record will eventually be discharged — a conviction can heavily impact other areas of your life. For instance, our law firm has seen people experience the following issues after being charged with theft:

• Loss of employment
• Difficulty finding new employment
• Problems during university enrolment
• Ineligibility for certain professions
• Immigration issues
• Travel restrictions — including being barred from U.S. travel
• Potential for news or social media exposure
• Social stigma

The legal consequences of theft or shoplifting charges could be the least of your worries. Even if the charges against you are minor and result in no significant penalties, being charged with theft can still derail your life. This is why speaking with a Toronto criminal lawyer is important before making any major decisions. You’re entitled to an experienced legal defence, and you’re considered innocent until the Crown Attorney can prove otherwise. Let our law firm assist you during this difficult time.

Defence Strategies for Theft and Shoplifting Cases in Toronto

When facing theft or shoplifting charges in Toronto, a strong defence strategy crafted to match the case’s specific circumstances can make a significant difference. Some of the defence strategies include the following:

Lack of Intent to Steal

The prosecution must prove that the accused intended to deprive the owner of their property permanently. If the individual had inadvertently left a retail outlet with unpaid items, intending to pay but forgetting, a lack of intent could be a viable defence.

Mistaken Identity

In crowded retail stores in Toronto, a shoplifting charge could be a case of mistaken identity. The defence can challenge evidence such as surveillance footage or witness testimony if it does not conclusively establish the accused’s involvement.

Ownership Dispute

If the accused believed that the item belonged to them or that they had a lawful right to take it, this misunderstanding could negate the criminal intent required for theft charges.

No Evidence or Insufficient Evidence

The prosecution must present clear evidence linking the accused to the theft. If the evidence is circumstantial, unclear, or lacks credibility, the defence can argue that the case does not meet the standard of proof beyond a reasonable doubt.

Unlawful Search or Arrest

If your Charter rights were violated, such as being subjected to an unlawful search or arrest, your criminal defence lawyer may seek to have the charges dismissed or evidence excluded from the trial.

Entrapment

If store employees or law enforcement induced the accused to commit theft or shoplifting through coercion or manipulation, this could constitute entrapment and serve as a defence.

Duress or Coercion

If the accused was forced to commit the theft under threat of harm or other forms of coercion, this is a valid defence, when this fact is proven in court.

Lack of Value

In some cases, the item’s value in question may not meet the threshold for significant charges. While this may not negate guilt, it could lead to a reduction in penalties.

The Role of a Defence Lawyer

An experienced criminal defence lawyer from our firm could:

• Review the case details, including police reports, surveillance footage, and witness statements.
• Identify weaknesses in the prosecution’s evidence or procedural errors.
• Negotiate with prosecutors for charge reductions or alternative sentencing options, such as diversion programs.
• Represent the accused in court to advocate for acquittal or leniency.

After an arrest for shoplifting or theft, the most critical action is to ensure you are protected by a theft crime defence lawyer whom you trust to help pursue the most favourable outcome possible.

Is Possessing Stolen Property a Criminal Offence?

Did you know that you could be charged with crimes related to theft even if you’ve never stolen property in your life? While this isn’t the case for most people with criminal records related to the crime, you could be charged with possessing stolen property in some situations. An example could be purchasing a $1,200 smartphone from a seller online for just $200. If it turns out the phone was property stolen from an individual or retail store, you could effectively be charged with theft by possession. In such situations, you might face the same penalties as the person who stole the item.

Unfortunately, even not knowing that the item was stolen property may not result in the charges being dismissed. If the Crown Attorney believes you should have known the item was stolen — but engaged in reckless or willful “blindness” — you may be charged. Since any theft allegation is a hybrid offence, you could be charged with a summary offence or under indictment. Due to the severity of these consequences, get help from a theft and shoplifting lawyer in Toronto. You need a criminal defence lawyer in Toronto who can pursue an absolute discharge when possible or other defence action that will benefit you.

Is It Possible to Avoid a Criminal Record?

Sometimes, individuals charged with theft believe they have no hope of a charge dismissal or being found not guilty at trial. In these cases, defendants may be tempted to accept any plea the prosecutor offers. They may not realize that avoiding a criminal record may be possible when the right defence strategy is employed. In a best-case scenario, your theft and shoplifting lawyer might be able to have all charges dropped, or negotiate for a lesser penalty or other option.

If these are not the first criminal charges you’ve faced, if the evidence is overwhelming, or the crime is seen as egregious, the Crown Attorney may see no other option than to charge you with an indictable offence. When a conviction seems imminent, a legal professional may be able to work to have the charges reduced or negotiate a more favourable plea arrangement on your behalf. An absolute or conditional discharge could help you avoid having the crime on your record, even in a conviction. It is critical to speak with our Toronto theft lawyer as soon as possible after an arrest, as our actions in the early stages of the case could benefit you. Contact AR Law today to schedule your free consultation.

What to Do If You Are Arrested for Shoplifting?

If you are arrested and charged with shoplifting in Toronto, your actions could affect the outcome of your case. Follow this guidance if you have been arrested for shoplifting:

Stay Calm and Composed

Do not argue with the staff, security, or law enforcement. Remaining calm and cooperative can help prevent the situation from escalating.

Know Your Rights

In Canada, you have the right to remain silent and do not have to answer questions without a lawyer present. Politely inform the police that you want a lawyer before you answer their questions.

Request Legal Representation

As soon as possible, speak with a lawyer. Do not provide written or verbal statements without speaking with a lawyer—your words could be used against you.

Do Not Sign Anything Without Legal Advice

If you are asked to sign documents, such as an admission of guilt or a statement, do not sign anything without ensuring the document is reviewed by your shoplifting defence lawyer.

What to Do If You Are Arrested for Theft in Toronto?

Facing an accusation of theft can be a stressful and overwhelming experience. Here are the steps you should take to protect yourself:

Stay Calm and Avoid Confrontation

Whether the accusation comes from a private individual, a store employee, or law enforcement, remain calm and do not argue or assert your innocence.

Exercise Your Right to Remain Silent

In Canada, you have the right to remain silent. Decline to respond to questions without your legal counsel present. Anything you say could cause problems with your case later.

Make No Admissions or Explanations

Avoid explaining what occurred, as your words could be misconstrued as admissions of guilt. Even seemingly harmless statements could harm your defence.

Contact a Theft Crime Defence Lawyer Immediately

The most crucial step is to seek legal advice as soon as possible. A qualified criminal defence lawyer can help you understand the charges, your legal rights, and the best way to proceed.

Why Choose AR Law in Toronto?

Being accused of theft is a serious matter that requires experienced, dedicated legal representation. We are honored to be known for our skills in defending theft-related charges and will work tirelessly to protect your rights and secure the best possible outcome for your case. Contact us for personalized, confidential legal guidance.

Do You Need a Toronto Criminal Lawyer?

Some people are uncertain if they need a defence lawyer after being accused of a minor theft or shoplifting charge. The prosecutor may convince you that having the protection of a lawyer is unnecessary due to being charged with a lower-level offence. With legal representation fighting for you, you can increase the chances of achieving a better outcome, such as probation rather than incarceration. Your theft defence lawyer can negotiate the terms of a plea with the prosecutor, focusing on fighting for your freedom, rights, and interests.

Our criminal lawyer has over two decades of experience and a breadth of understanding of the criminal code and the options that could benefit you. We can take various legal actions that could allow you to walk away with your freedom intact. While there is no way to guarantee a specific outcome to any criminal case, a Toronto theft and shoplifting lawyer has the skills and knowledge to review the facts in your case, identify any flaws in the prosecution’s evidence, and fight for the outcome that will be most beneficial for you.

Contact a Theft and Shoplifting Lawyer in Toronto Today

The Canadian criminal justice system was established to be fair, but without the support of a criminal defence lawyer to protect your rights and interests, you could face even more serious consequences. Innocent people are sitting in jail as we speak, and individuals frequently face penalties that are far more severe than they deserve. Unfortunately, this usually results from failing to have experienced legal representation on your side. Even minor offences that don’t result in jail time can leave you with a permanent criminal record with a long-term impact on your ability to get quality employment. If you are accused of theft or shoplifting, speaking with a criminal defence lawyer before speaking to law enforcement is crucial.

At AR Law, you’ll work with a legal professional with a breadth of experience and knowledge of the Canadian criminal code, whom you can trust to pursue the most favourable outcome for you. There are no guarantees in the criminal justice system, but having a seasoned lawyer on your side opens the door to options that could help you avoid incarceration, fines, or restitution. Arvin Ross, our founder and lead criminal defence lawyer, will ensure you understand what to expect in court and protect your rights and interests with vigour and intelligence. Contact us at (416) 960-0781 to schedule your free consultation.