Q: What Happens When Someone Gets Charged with Shoplifting in Ontario?

Being accused of shoplifting and charged with Theft Under $5000 can be an embarrassing, stressful, and frightful experience. The first thing on many people’s minds would be what the consequences of being charged with Theft Under $5000 might be.

How most people get charged with Theft Under $5000

Many of us live life at a very hectic pace. On top of the responsibilities of taking care of our children we are expected to keep a tidy house and make sure there is always food in the refrigerator and clothes on our backs. Shopping nowadays can be a daunting experience where we often go to the store to pick up one item but end up buying a cartful of items we may or may not require.

Imagine yourself with your two young children dropping by a large grocery retailer. You’re there to buy a carton of milk. You pick up your carton of milk which happens to always somehow be located near the back of the store. On your way back you walk through many aisles and find yourself picking up additional items. Having only believed you would pick up a carton of milk, you did not pick up a basket to place additional items in. Your two young children are tugging at your pants saying they want every second item they walk by. You relent and take a bar of chocolate and gummy bears your kids ask you to buy. Your partner text messages you asking if you’ve picked up the prescription medication for one of your kids. While waiting at the cashier line your boss calls asking if the year end report will be ready by tomorrow. You pay for your items and make your way to the exit. Suddenly a plain clothes individual asks you to stop for a moment. They ask you to empty your jacket pockets and there they find a bar of chocolate, gummy bears, facial cleanser and toothpaste. The individual asks to see your receipt telling you he works as security for the store. After seeing the receipt, this person asks you to follow you to the back room. You are sitting in what looks to be a staff dining area in the back of the store. Moments later, your partner arrives to pick up your children but you are told to remain in the back. The manager of the store and the head of loss prevention enter the room and ask you a bunch of questions. You explain to them what happened. The manager and head of loss prevention go into a side office for a moment and come back saying they have called the police. They ask you to sign a document indicating that you are banned from entering all their stores in the area indefinitely. After waiting several hours, a police officer arrives. After speaking with the store representatives, the police officer takes you to the police cruiser outside. You sit in the back while the police officer writes what looks like a traffic ticket. This is called a Summons. The documents states a first court date and a date you must appear at the police station to provide fingerprints and have your photograph taken. You are asked to sign the summons and you are released.

After several days or weeks, you receive a letter from a lawyer’s office indicating that the store is considering civil action. However, the letter states that if you wish to settle the civil matter, you can pay several hundreds of dollars to "settle" the matter. The letter further states that settling the civil matter will have no bearing on how the criminal charges are dealt with.

You must attend the police detachment specified on the date and time specified by the summons. Failure to attend will lead to criminal charges.

You or your retained counsel must attend on the first appearance date at Court specified in the summons. At this first appearance, you or your lawyer will receive disclosure and a screening form.