Oshawa Theft Lawyers & Whitby Fraud Lawyers
Arrested for Theft, Fraud, Robbery and want FREE Lawyer Advice to Avoid Jail Time & Criminal Record?
LawyerPlug.com | Oshawa Theft Lawyers | Practicing Law in Oshawa Court and Beyond for 25 Years Plus
Detailed Color Advice Info-Graphic Video Overview of Theft Lawyers in Oshawa
Understand how Oshawa Superior Court of Justice works and how to prepare for court when facing allegations of Theft, Fraud & Robbery. All this Advice is Free and Report prepared by Michael McKee 25 Years Plus Criminal Lawyer.
Oshawa Theft Lawyers
A theft penalty happens when someone steals something with no intention to return it to the owner. Canada classifies theft in two categories: Theft under $5,000 and Theft Over $5,000.
As you can see the difference between these two categories is the value of the things stolen and the potential sentence if the person is found culpable.
In cases were the things stolen are less than $5,000 the Crown will determine how to prosecute the case by an indictment or summary offense. And you could be facing up to 2 years in prison.
If the theft is over $5,000 the maximum sentence could be up to 10 years in prison. And the crime is prosecuted by indictment only.
In both cases, it is necessary to have an experience Oshawa theft lawyer to help you avoid a criminal sentence by having an effective defense strategy.
Michael McKee from Richmond Hill Affordable Criminal Lawyer works in all Ontario courthouses including Oshawa and the Durham Region strongly defending people with these types of crimes.
The Durham Region Courthouse is located at 150 Bond Street East Oshawa ON L1G 0A2 and it is in there that all criminal matters are resolved.
In Canada, it is also considered a criminal offense to the possession of the stolen property. To be found guilty the Crown should prove without any reasonable doubt that you knew that the things were obtained by theft, fraud or any other crime.
You have to know that if you only suspect that the items were stolen and you failed to investigate, the court may convict you for possession of the stolen property.
Receiving Stolen Property
If you have been charged with receiving the stolen property you need to call an Oshawa receiving stolen property lawyer immediately. The consequences of this crime involve jail time and/or to pay a fine.
What is the possession of the stolen property?
As I mentioned above, in Canada it is a crime the possession of the stolen property. An experienced Oshawa receiving stolen property lawyer as Michael McKee can help you with your defense.
To be sentenced to possession of the stolen property, the Crown Prosecutor needs to prove:
- That it was you that had possession of the property
- That the property you had possession was acquired through criminal activities
- That you knew you had the property; and
- Most importantly, you realized that the property was acquired through criminal activities.
Keep in mind, that you could be found guilty even if you did not steal the property. The Crown Prosecutor needs only to prove you had knowledge that the items were obtained by crime and you have control over it.
For example, if you place the stolen property in a location that you have access to and have control over it, the court could convict you. Also, if you give the stolen property to another person, but kept control over what takes place to the property you could be found guilty.
This means that as long as you know and have control of the stolen property for your benefit or the benefit of another person, in Canadian law you are considered to have that property.
If someone stole property and you willingly held it for them you could still be found guilty.
To know how you can defend yourself of this criminal offense it is important to contact an Oshawa receiving stolen property lawyer when you first heard about the charges.
At Richmond Hill Affordable Criminal Lawyer Plug you will find a group of experienced criminal defense attorneys that could help you through all the legal processes.
If you have been charged with theft, fraud or receiving stolen property there is a possibility that you could be facing jail time so the best advice I could give you is to hire a criminal defense attorney.
Call Lawyer Plug, request a free consultation and explain your case. They have the knowledge and experience to represent you in court. They work in all Ontario courthouses helping people in your situation.
What Happens If You Are Found Guilty of Receiving Stolen Property?
You may think that there is no way you can be convicted for possession of the stolen property because you will tell the police, the Crown prosecutor and the court that you did not know the items were stolen. Sorry to disappoint you, this is often not the case.
In Canada, the law has a concept of wilful blindness that makes sure that you cannot escape criminal responsibility for possession of the stolen property by saying that you did not know that it was a crime or that you did not know you have that stolen property.
To learn more about how to defend yourself for this type of crime you should call an Oshawa receiving stolen property lawyer and explain your case. Your criminal defense attorney knows how to proceed in these types of crimes.
The court can find you guilty of failed to make further questions as to where the things came from if you suspect the items were stolen. So keep in mind, that you can be convicted of possession of the stolen property even if you did not “know” that you have stolen property.
Penalties in Canada:
The penalties you can face if you are found guilty of possession of the stolen property will be determined on several aspects, the most important one is if the stolen property is over $5,000 or under $5,000.
If the stolen property is under $5,000, the Crown will determine to prosecute by indictment or summary offense. If you are prosecuted by a summary offense you can be punished for up to 6 months behind bars. By indictment offense, you are facing up to two years in jail.
If you found guilty of possession of stolen property over $5,000, the Crown prosecutor will proceed with an indictable offense, and the maximum punishment is 10 years in prison.
You need to understand that if there are other elements involved such as weapons or violence the penalties will vary. The court could prohibit you from possessing weapons or firearms for some time.
In summary, a person can be charged and convicted with the offense of possession of the stolen property if you have the property that was obtained by theft, fraud or any other criminal activities. Or, if the Crown prosecutor can prove without any reasonable doubt that you suspect that the items were stolen and you did not investigate if they were stolen or not.
If you are found not guilty of possession of the stolen property, the items will be returned to the owner.
Remember your best defense is to contact an experience Oshawa receiving stolen property lawyer to know how to proceed during the legal process.
Being charged with theft, fraud, and receiving stolen property are serious crimes and they involve harsh penalties, such as spending time behind bars.
Once you are convicted of a crime you will have a criminal record.
A criminal record is a list of persons that have been convicted for a crime. It carries severe consequences including:
- If you are not a Canadian citizen immigration problems
- Restrictions to enter the United States
- Restrictions to travel inside and outside Canada
- Lose custody of your child
- Problems keeping or finding a job
- Bad reputation
It is in your best interest to avoid a criminal conviction and you will need an Oshawa receiving stolen property lawyer as Michael McKee from Richmond Hill Affordable Criminal Lawyer Plug to help you achieve this.
The criminal defense attorneys at Lawyer Plug can defend you in all Ontario courthouses and for the following criminal offenses:
- Theft Under $5,000
- Theft Over $5,000
- Auto Theft
- Mortgage Fraud
- Insurance Fraud
- Identity Fraud
- Bank Fraud
- Receiving Stolen Property
They can also help you from the beginning including your bail hearing.
A good criminal defense lawyer provides valuable information and experience to your case.
Even though in some cases, a person can represent themselves and win, it’s rare and extremely risky. A common person is not prepared to deal with the Canadian legal system and hasn’t spent years studying it.
Criminal defense attorneys know how to handle witnesses, evidence, police interrogations, and prosecutors and sometimes a case is dismissed because your lawyer finds a particular law or legal process that permits it.
Another key aspect of hiring an Oshawa theft lawyer is because even if you are found guilty they know how to make deals and achieve lesser sentences.
A good Oshawa theft lawyer such as Michael McKee can get better deals with the Crown prosecutor. But if you represent yourself the prosecutor will not be willing to deal with you or if you have already a deal your criminal defense attorney will make sure it respects it.
Richmond Hill Affordable Criminal Lawyer Plug offers you highly experienced criminal defense attorneys that are willing to fight for you.
Call them night or day there is always someone there to help you. They offer affordable rates and legal aid. Request your free consultation today!