Shoplifting Lawyer Toronto

Have the police in Toronto arrested you for shoplifting? A shoplifting offence typically results in a charge of theft under $5,000. Although this charge may not seem as significant as other theft crimes, an arrest and conviction can have significant consequences for your rights, reputation, and future. Contact Posner Craig Stein LLP today for an initial case review with a Toronto shoplifting lawyer to discuss your options for resolving your theft charges.

Prosecutors vigorously investigate and pursue convictions in internet crime cases. Experienced legal representation can help you stand up for your rights and interests. The team with Posner Craig Stein LLP is ready to be your staunch ally in your quest for justice.

Choosing experienced, dedicated legal representation can give you the best chance in a shoplifting case. For years, clients have trusted the legal team at Posner Craig Stein LLP to advocate for their rights and interests because:

• Our firm has earned a top ranking for Criminal Law Boutiques for 2024-2025 by Canadian Lawyer.
• Our lawyers have over 85 years of combined legal experience, handling hundreds of criminal cases across dozens of jurisdictions in trial and appellate courts.
• We have an extensive background in defending clients in serious and complex cases, providing exceptional service that includes thoughtful and respectful advice and vigorous advocacy.

The crime of “shoplifting” usually refers to stealing merchandise from a store, often by concealing the merchandise and walking out of the store with it, failing to pay for items at the register, changing price tags on items to pay a lower price, or breaking into a store after hours to steal merchandise.

Under the Criminal Code of Canada, theft of property with a value under $5,000 may result in prosecution under a “hybrid” offence. A hybrid offence allows the Crown prosecution to elect between an indictable offence or an offence punishable on summary conviction. Indictable offences and summary conviction offences have several differences. First, Crown prosecutors must charge a summary conviction offence within one year of the date of the offence, whereas indictable offences have no limitations period.

Furthermore, provincial courts preside over summary conviction offences, whereas superior courts typically hear indictable offences. In most cases, the Crown prosecution elects to pursue shoplifting charges as summary conviction offences; however, aggravating factors such as additional charges or prior shoplifting convictions may lead to prosecution of shoplifting as an indictable offence.

The law defines theft as fraudulently and without colour of right taking or converting any property with the intent to:

• Deprive the owner or another person with an interest in the property of such property or interest
• Pledge the property or deposit it as a security
• Part with the property under a condition of its return that the person who parts with the property cannot perform
• Handle the property in such a manner as to prevent restoration of the property to its condition at the time the person took or converted the property

A person completes a theft offence when, intending to steal an object, the person moves it, causes it to move, or causes it to become movable.

<p”>A conviction for shoplifting in Toronto can have significant legal and financial consequences for a defendant. If charged as an indictable offence, a shoplifting conviction carries a maximum penalty of up to two years of incarceration; a summary conviction for shoplifting can impose a sentence that includes up to six months in jail and a fine of up to $2,000. Sometimes, a court may impose a probation term instead of incarceration for a shoplifting conviction.

Shoplifting conviction can lead to other personal and professional consequences, such as:

• Loss of employment
• Loss of eligibility for specific jobs
• Challenges in securing employment, housing, or educational opportunities
• Loss of the right to enter the United States, as U.S. immigration law considers theft a “crime of moral turpitude” that can disqualify individuals from visa eligibility or entry into the U.S.
• Challenges with visa and immigration applications in the U.K., Australia, and many EU countries, as the RCMP shares conviction records with those countries’ immigration authorities

Whether charged as an indictable offence or summary conviction offence, shoplifting constitutes a criminal offence under the Criminal Code, meaning a defendant convicted of shoplifting will receive a criminal record. A criminal record means that an individual’s shoplifting conviction could end up in sector or background checks, resulting in a social stigma when friends, neighbours, employers, and others discover an individual’s conviction.

Crown prosecutors may agree to withdraw or drop shoplifting charges under certain circumstances. When prosecutors drop charges, they agree not to prosecute you for the shoplifting offence. Some of the factors that prosecutors may consider when deciding whether to drop shoplifting charges include:

• The accused’s criminal history, including prior arrests, charges, withdrawn charges, and convictions
• Whether the current offence includes other charges or whether the accused has other pending criminal charges
• The value of the stolen goods
• Whether authorities recovered the stolen goods and the condition of the goods upon recovery (did the store owner suffer a loss due to the crime?)
• The nature of the offence (e.g., did the accused use force or violence to commit the crime?)

The Crown may withdraw shoplifting charges if prosecutors believe their case has weaknesses that create a significant chance of an acquittal at trial. A shoplifting defence lawyer can help an accused pursue various defence strategies that contest the prosecution’s allegations and highlight weaknesses in the Crown’s case. Common defences to shoplifting charges include:

• Lack of intent: A defendant may assert that they did not intend to steal items from a store, such as when store employees or police stop the defendant while still in the store.
• Mistake of fact: Defendants may also argue that they did not intend to steal items by asserting that they mistakenly believed they paid for them.
• Mistaken identity: A defendant may claim that store employees or police mistakenly identified them as the shoplifter.
• Colour of right: Defendants may deny shoplifting by presenting evidence of having paid the full retail value for the items at issue.
• Charter violations: A defendant may seek to exclude evidence or inculpatory statements from the Crown prosecution’s case by arguing that investigators obtained those evidence or statements by violating the defendant’s rights under the Charter of Rights and Freedoms.

Prosecutors may also agree to drop shoplifting charges against a defendant who proactively demonstrates remorse and reform, such as paying restitution to the store owner and performing community service.

A shoplifting defence lawyer can help you face charges in Toronto by:

• Thoroughly investigating your charges to recover valuable evidence to build a compelling defence
• Reviewing the facts and evidence to identify possible legal strategies
• Explaining your charges and the potential outcomes to help you make informed decisions
• Vigorously pursuing a favourable resolution as early as possible in your case, including by challenging the prosecution’s case and evidence and seeking dismissal of your charges
• Fighting as hard as necessary to get the best result under the circumstances, even if that means going to trial

If you’ve been arrested for shoplifting less than $5,000 in merchandise in Toronto, you need experienced legal counsel to help you protect your rights and reputation. Contact Posner Craig Stein LLP today for a confidential consultation with a robbery defence lawyer to learn more about your shoplifting charges and how we can help you seek a favourable resolution to your charges.