Key Issues in Ontario
The overview below is general legal information. A lawyer must assess the evidence, current law and procedural history of your specific matter.
Theft
Theft allegations concern taking or converting property fraudulently and without colour of right. Value and circumstances can affect how a matter proceeds.
Fraud
Fraud generally involves dishonest conduct that places another person’s economic interests at risk; complex cases may involve financial records and electronic evidence.
Mischief
Mischief can concern wilful destruction, damage or interference with lawful use or operation of property.
How charges are reviewed
Potential issues include identification, intention, ownership, disclosure, surveillance and transaction records. Available dispositions depend on the specific case.
Diversion and Direct Accountability
Many first-time, lower-value property charges in Ontario can be resolved through diversion, such as the Direct Accountability Program. You complete conditions like restitution, a donation, community service, or counselling, and the charge is withdrawn. No conviction is entered.
Eligibility depends on the Crown, the facts, and your history, and diversion is easiest to secure early.
How We Build Your Defence
Every defence starts with your disclosure. These are the issues we look at closely:
- Lack of intent, including honest mistake or claim of right
- Identification, especially from store video
- Value of the property and the charge that actually applies
- Store detention and search issues
- Negotiating diversion or a withdrawal where available
Common Questions
The store sent me a civil demand letter. Do I have to pay it?
That letter is separate from the criminal case. Get advice before paying anything or admitting anything in writing.
Will my fingerprints be destroyed if the charge is withdrawn?
You can usually request destruction of your fingerprints and photographs after a withdrawal. The process varies by police service.
I work in a regulated profession. Does this affect me?
Possibly. Fraud and theft allegations can have professional consequences, so the strategy should account for them from the start.
This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.