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Charged with DUI in Ontario? Fight The Charges.
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To understand how you may be able to fight your Ontario theft charges, first you must understand how the law defines “theft.” Theft occurs where anyone fraudulently and without colour of right, either takes or converts anything with the intent to deprive the owner or the person who has a special interest in it.”Taking” is as it sounds. It involves the physical movement of an item of personal property. To “convert” on the other hand, involves, in essence, transforming the item into another form. This does not mean that conversion only occurs when, for example, an accused takes a piece of paper and burns it, thereby transforming the paper into ash. It can also occur when the accused takes an item, say for example a book and sells it to a store for money. The book is now converted into money.

Some possible defences to your Ontario theft charges include: necessity and mistake of fact. With respect to necessity, think of a scenario where in order to save someone’s life, the accused person had to steal a car in order to drive that person to the hospital. As for mistake of fact, imagine a situation where an accused leaves his/her car with valet at a restaurant. Suppose as well that another person arrives at the same restaurant, with an identical car and also leaves it with the valet. At the end of the night, the accused approaches the valet and requests his car. By mistake the valet gives to the accused the other identical car instead of his/her own car. This would likely not be found to be theft because, amongst other arguments that can be made, the accused was reasonably mistaken that the car he was given by the valet attendant was his/her car.

Another defence is accident, for example where your three year old child puts a chocolate bar in your coat without you knowing, and you leave the store without paying for it.

Theft under $5000 falls under a type of offence called a “hybrid” offence. This means that the Crown can elect to proceed in one of two ways: summarily or by indictment. Usually, depending on the nature, quality, and monetary value of the theft, the Crown will determine in which way it will proceed. If the Crown chooses to proceed by indictment, then the upper punishment for someone found guilty in such a proceeding could be up to two years in jail where the monetary value of the theft does not exceed $5000. Should the Crown elect to proceed by way of summary conviction, then the upper penalty for theft is six months in jail, again, provided the value of the theft does not exceed $5000. Where the theft exceeds $5000, the Crown has no choice and must proceed by indictment. These punishments however are for general theft. There are different types of theft that carry their own penalties.

When it comes to theft from a large retail store, it is common for a letter to be sent on the retailer’s behalf from a lawyer demanding that several hundred dollars be paid or they will sue. Do not fall victim to this kind of intimidation, provide us with all of your documents, and we will take care of the situation.

Fight Your Ontario theft charges! Call our lawyers at 1-800-668-1657 or visit one of our offices to get a free 30-min consultation.

“Last month I was charged with theft under for shoplifting in a Toronto store. I was going through a difficult period in my life and I was very scared and extremely worried over this charge, my first brush with the law. I was very lucky to have Mr. Richard Aitken as my lawyer and the minute I called his office I knew I had chosen the right people. The staff were very understanding and helpful, they arranged an appointment for the following day at my preferred location and Mr. Richard Aitken agreed to take my case. He gave me some excellent advise and given the outcome the fee I was quoted was all worth it. My charges were withdrawn, I did not even have to appear in Court, my lawyer did so on my behalf. This was extremely comforting since I was all together emotionally devastated and I’m not sure I could have survived the experience without more added trauma. I would definitely recommend Mr. Richard Aitken to anyone looking for this type of help. Thank you Richard, I am so relieved this nightmare is over.” – DS
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I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
S F
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of everything.read more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
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