Appearing in Criminal Court
Shoplifting - Appearing in Criminal Court Explained
Shoplifting & Criminal Court
Typically those arrested for shoplifting are given a notice called a “Form 9 Appearance Notice” to appear in court on a specified date to answer to the charge of Theft under $5000.
The court date issued on the appearance notice is not the trial date.
The date on the appearance notice is called different names in difference jurisdictions, but normally this first court date is call the “set date” or “first appearance date”.
On that date, those who have not hired a lawyer to represent themselves are required to appear at the courthouse on the time and date specified. On that date you must appear with all other persons who have been arrested and summoned to appear for criminal offences.
Depending upon the jurisdiction there maybe only a few people or a full courtroom of other accused persons.
Criminal Court for Shoplifting Without a Lawyer
Where an accused is unrepresented by a lawyer: the first appearance date for those arrested for shoplifting is a date to enter a plea and to receive the police disclosure for the case. The crown attorney will ask you:
- are represented by counsel (a lawyer), and
- how do you intend to plead to the charge
Where you plead not guilty: the crown attorney will give you a copy of the officers notes including the report from the store security and tell you to come back 2 weeks time to set a date for trial.
Where you plead guilty: the crown attorney will read the police officers synopsis of what happened to the court and judge to hear. The judge will ask you if the police report is substantially correct, yes or no. The judge may then ask you if you want to make any submissions (do you wish to say anything about the charge) to the court.
Where you agree that the police report is correct the judge will then speak to the crown attorney. The judge will be asking the crown attorney what punishment are they asking the court to make in the case. The crown attorney can ask the judge to impose any penalty they feel maybe warranted including, jail, fines, restitution, probations and community service.
Any penalty after a plea of guilty in this scenario includes a criminal record for life.
Shoplifting & Theft Under
Represented Court Appearances
Benefits of a lawyer appearing with a letter of designation.
Where the accused has retained the services of a shoplifting lawyer, the accused does not have to appear in court. The lawyer acts under a legal term called a Letter of Designation. The letter of designation allows a lawyer to appear on behalf of a person charged with a criminal offence such as shoplifting.
The designation and be a valuable tool in resolving criminal court cases.
Having a lawyer appear on behalf of the accused can provide several advantages in resolving the case, because:
- Saves Time: The accused doesn’t attend court and making the life of the crown attorney easier, as they’ll discuss the case with your lawyer, in a more favourable pre-trial setting.
- Legal arguments: Legal arguments and defences can be shown to the Crown Attorney, potentially leading to a reduction or dismissal of the charges against the accused.
- Pre-trial discussions: Pre-trial discussions out of a courtroom setting are dramatically more productive for resolving and having shoplifting. The lawyer is allowed to contact the crown attorney prior to court to review and discuss the case. This gives the crown time to review the matter rather than in a first appearance setting, with many people looking to discuss cases and ask questions.
- Good character evidence: the lawyer has an opportunity to present evidence of your good character including reference letters, leading to a dismissal or reduction.
- Demonstrates good intentions of accused: Where the accused has retained a lawyer, this shows to the Crown Attorney that the accused is taking the charges seriously, potentially leading to a more lenient stance in the case.
Additionally, Pre-trial discussions between the lawyer and the Crown Attorney can help establish a dialogue and potentially facilitate a resolution to the case outside of the courtroom. Our shoplifting lawyers use this opportunity to negotiate with the Crown Attorney as a tool to reach a favorable outcome for the accused.
Steps to Protect Your Future
Being charged with a criminal offence is a serious issue. Take the steps to protect your future to avoid the debilitating consequences of a criminal record for shoplifting.
As criminal lawyers we see unrepresented people leave court with criminal records, that could have been avoided. We firmly believe that persons who appear unrepresented, put themselves and family at jeopardy.
The crown attorney is to prosecute criminal matters brought before them by the police. The crown attorney is not at court to help you, give you advice or assistance. Nor, is it the crown attorney’s job to worry about whether you receive a criminal record or not.
When when charged with shoplifting and any criminal offence, speak to one of our criminal defence lawyers. Find out the Ontario Shoplifting Lawyers provides quality legal defence that will help you at an affordable one time fee.
As shoplifting lawyers we have one goal, to drop your shoplifting charges without a criminal record. Give us a call today, let’s discuss your case.
Frequently Asked Questions
Can my friend appear in court for me?
No. The release form that you agreed to requires that you appear in court, not a friend or relative.
Where the accused does not attend the court will issue a “Bench Warrant” for your arrest. The bench warrant directs the police to apprehend you, take you to a police station and bring you before a judge forthwith. Where there is no sitting court, persons arrested on warrants are held in custody (jail) until the next court sitting.
The police “may” release you on a summons to appear, which is again another notice requiring a court appearance. Whether you are released at the police station will depend upon the discretion of the “officer in charge” and the circumstances of why you failed to appear in court.
The officers responding to the warrant for your arrest may also add an additional charge of “Failing to Appear for Court” which is dramatically worse than any shoplifting allegation.
I missed the court date. What should I do?
The notice that the police officer gave you is a commandment to appear in court. The officer asked that you promise to appear and you agreed.
Where you do not appear in court, the court will issue a warrant for your arrest.
Where you realise that you have missed the court date either by error or otherwise we recommend that you appear at the police station where you were charged from. Once there you surrender yourself to the officers and explain to them that you have missed a court date.
The officers will “re-arrest” for the offence of Fail to Appear under the Criminal Code of Canada. The will take you into custody, process you and then bring you before a judge. Depending upon the circumstances the judge will release you on a second promise to appear for court, or hold you in custody pending trial.
Where a person does not surrender themselves, the warrant is issued for across Canada to all security services and border officers and stays in effect under the accused is apprehended..
What determines what penalty I receive for shoplifting?
Once your case appears before a crown attorney they will review the case and the police officers disclosure (officer’s notes) about what happened.
The crown attorney in reviewing your case will look at many factors including:
- What was taken and value
- Who took it and why,
- was it a simple mistake or was it planned
- What happened during & after arrest
- The background of the accused,
- do they have previous convictions or warnings
- age, financial background, what you do, do you do any volunteer work
- what is your position in the community
The background of the accused, what happened and what was taken. All of these factors will be reviewed by the crown prior to any discussion about the charges and any penalty for shoplifting.
The security was rough and abusive, can I complain?
Yes you can complain, and it may help your case, but you need to review these issues with our lawyers.
Although you can walk into the court and say the officer was rough with you, it won’t carry much weight with the judge. In that situation, the judge may state that the officers actions are not the issue. Any complaint about officers should be taken up with the police or security management, not the court system.
The better time to discuss this is, having our shoplifting lawyers set up a pre-trial meeting with the crown attorney to discuss these issues together with the discussion about the charges, and your good character. During this process, where the actions of the police and security may have been aggressive, it can help in negotiations to have your charges dismissed and dropped.
Discuss your case with a shoplifting lawyer | Call today
Being charged with a criminal offence is stressful, but you don’t have to face it alone. Call and speak with a shoplifting lawyer and learn how we can help you. We provide effective and affordable legal representation for all individuals facing these charges throughout Ontario.
Work with a lawyer experienced with theft under and shoplifting charges. Invest in your future by keeping your record clear. Yes you might be able to appear by yourself, but if something goes wrong, then what? Call today and let’s just talk about it.
