Theft & Fraud
The stealing of any property that does not belong to you amounts to theft under the Criminal Code. The consequences of being charged with the offence of theft depend on the circumstances of the case. Maybe you have been charged with shoplifting, or there has been some kind of reasonable misunderstanding. Either way being charged with a criminal offense is a traumatic experience. But this does not necessarily mean that this will result in a conviction or that you will go to jail. The repercussions depend upon the circumstances of the case.
We analyze the evidence against you, apply the best possible defenses to your case. We at Juzkiw Law are committed to providing you the best criminal defense possible and help you avoid getting a criminal record.
If the amount of the theft is over $5000 the Crown usually proceeds by indictment and the offence carries a maximum term of not more than 10 years. If the amount is under $5000 then the maximum jail time is not more than two years or an offence punishable summarily.
If the theft committed is over $5000 the maximum jail time is 10 years or an offence punishable on summary conviction.
What will happen if I am convicted of theft
If your convicted for theft it can have serious implications on future employment, travel and your overall quality of life. You will find it difficult travelling outside of Canada and other parts of the world with a criminal conviction. Theft is a crime of dishonesty and employers will be reluctant to hire you and landlords will be hesitant to rent you accommodation. You will face difficulty in travelling outside Canada if you are found guilty of theft.
Why allow your life to be damaged irreparably when you can speak to an experienced criminal defense lawyer and defend these criminal charges.
It is very important that you fight these charges to avoid getting a criminal conviction. Your age, previous criminal record, ties to the community and employment all have a say in whether or not you will be convicted of this criminal offence. We will strive to make sure all avenues are explored so that you can lead a normal life.
If you are not a Canadian Citizen, being convicted of theft can have adverse consequences on your immigration status in Canada. You could be inadmissible for citizenship and permanent residency and you could face deportation. You must speak to an experienced immigration lawyer to understand the consequences of your criminal charge.
How do we fight theft charges?
We first understand the facts and circumstances of your particular case. Maybe there was a mistaken identity, or a lack of intent. Maybe someone else is responsible for the theft and not you. It must be proven beyond reasonable doubt that it was you who committed the offence. Many a times you were just at the wrong place at the wrong time.
There may have been a lack of intent when charged with theft. The Crown has to prove beyond a reasonable doubt that the offence committed was intentional. We thoroughly analyze and review all evidence against you and we endeavor to have the charges withdrawn if there is a lack of intent to commit the offence.
We assess all video footage, photographs, witness statements and police officer notes. We structure our defense to your theft charges according to any weaknesses and inconsistencies in the evidence.
According to the facts and circumstances of the case we may able to raise the Colour of right defense to your theft charges. This would mean that you believed that you were the true owner of the property stolen. We review the evidence, research the legal technicalities and structure a strong defense accordingly.
Maybe you were forced or coerced to commit theft by someone else. Duress is a defense to the offence of theft. It is vital not to plead guilty and consult an experienced defense lawyer to explore the defense of duress.
When you were charged with the offence of theft there is a strong possibility that you were subject to unreasonable search and seizure by the police, your right to instruct counsel may have been delayed or you may not have been informed of the reasons of your arrest. In these instances, we defend your constitutional rights under the Charter of Rights and Freedoms to the utmost. We bring pre-trial applications to seek to have the evidence against you excluded. It is important to consult an experienced criminal defense lawyer and remember every detail of the investigation against you and your arrest.
What is Diversion
In some cases, the Crown Prosecution will offer diversion which involves community service, counselling, or upfront work. You may be offered diversion as an alternative if you don’t have a previous criminal record and the Crown believes that pursuing this matter is not necessary. Diversion is an opportunity to put your life back on track and avoid getting a criminal record.
If you have been charged with theft and need legal advice, we use our experience to build a strong defense. Do not hesitate to contact us now at 416-290-5055
FRAUD
Fraud is when anyone by deceit, falsehood defrauds the public or person of any property, money or valuable security. Therefore, the offence of fraud encompasses a wide variety of offences ranging from credit card fraud, tax fraud embezzlement, insurance fraud and innumerable other instances. Fraud is classified into over $5000 or under $5000. The offence of Fraud is prosecuted with the utmost seriousness and a conviction for the offence of fraud can lead to life altering circumstances.
If you have been charged with fraud. You may be held by the police for a bail hearing. You must consult an experienced criminal defense lawyer to secure your release and prepare for your bail hearing.
How do we help you defend fraud charges?
We at Juzkiw Law have the experience in dealing with the criminal charges of fraud. We request and analyze the disclosure against you. Every case is different, and the chances of getting your fraud charges withdrawn or reduced depend on the circumstances.
We are experienced and skilled in negotiating with the Crown Prosecutor to have the charges reduced and obtaining a favorable outcome for you. This depends on the severity of the offence and the circumstances of the case.
The Crown has to prove beyond a reasonable doubt there was fraudulent intent. We review the disclosure, witness statements to structure a defense if there is a lack of intent. There may have been a mistake in identity and you have been wrongly implicated. We will raise a strong defense of mistaken identity and seek to get the fraud charges withdrawn.
In fraud cases the police may have breached your constitutional rights under the Charter of Rights and Freedoms. We analyze the evidence against you thoroughly from the investigation to your arrest. Maybe the police executed a search warrant at your home or office, and certain items were seized. There are possibilities that the search warrant was executed improperly. We aim to challenge any improper search and seizure in court. If your Charter rights have been breached, we will apply to the Court to have the evidence against you excluded.
Being convicted of Fraud can have a life altering impact on your freedom, employment and future. You may also face jail time and a criminal record for life. The maximum penalty for Fraud under the Criminal Code is 14 years’ imprisonment.