If you’re facing theft or shoplifting charges in Edmonton, securing knowledgeable legal representation can make a significant difference in the outcome of your case.
Geoff Green, a criminal defence lawyer with over 25 years of experience in Alberta, has helped clients navigate the criminal justice system, defend their rights, and mitigate penalties for theft-related charges. From minor shoplifting to complex theft accusations, Geoff Green provides dedicated support and guidance tailored to your situation with the added benefit of a free initial consultation.
Understanding Theft and Shoplifting Offences in Alberta
Theft and shoplifting offences can lead to serious consequences, including a criminal record that impacts your future.
In Alberta, these offences are governed by the Criminal Code of Canada and can range from summary offences to indictable charges, depending on the value and circumstances of the theft.
Shoplifting is typically charged as a form of theft under $5,000 when it involves minor items, while more substantial cases involving higher-value property could lead to theft over $5,000 charges. Both charges can result in penalties such as fines, probation, or even prison sentences if not adequately addressed.
A conviction for theft or shoplifting has long-lasting consequences, affecting employment, travel, and immigration status. Working with a skilled criminal defence lawyer is essential to navigate these complex legal matters and achieve the best possible result in your case.
Have you been charged with Shoplifting or Theft in Edmonton?
It’s essential to act quickly and secure legal representation.
Get a Free ConsultationConsequences of a Theft or Shoplifting Conviction in Edmonton
A conviction for theft or shoplifting can bring substantial penalties, affecting your life and reputation.
The consequences depend on various factors, including the nature of the offence, the value of the property stolen, and prior criminal history. Potential penalties include:
| Offence Type | Possible Penalty | Notes |
| Theft Under $5,000 | Fine, probation, community service, jail | Summary or indictable conviction |
| Theft Over $5,000 | Prison term, larger fines | Hybrid election |
| Possession of Stolen Property | Fine, probation, possible prison | Hybrid election |
Besides these penalties, a theft-related conviction adds a criminal record, impacting job opportunities and travel freedoms, and may pose challenges for immigration or citizenship applications. An experienced lawyer like Geoff Green can help in minimizing these penalties and reducing the impact on your future.
How a Shoplifting Lawyer in Edmonton Can Defend Against Theft and Shoplifting Charges
With extensive experience in theft and shoplifting cases, Geoff Green builds tailored defence strategies to protect your rights.
Defence strategies vary depending on the details of each case, including the evidence, witness testimonies, and police actions involved. Geoff’s approach considers every detail, aiming to reduce or dismiss charges where possible and working toward favourable plea agreements when appropriate.
Key Defence Strategies for Theft and Shoplifting Cases
- Challenging Evidence
Geoff reviews all evidence collected by the Crown, ensuring proper procedures were followed during the search and seizure of alleged stolen property. If there were procedural errors, evidence may be deemed inadmissible, strengthening your case. - Establishing Lack of Intent
For a theft charge to hold, there must be intent to temporarily or absolutely deprive the rightful owner of the property converting the property to his own use. In some instances, Geoff can demonstrate a lack of criminal intent, which can weaken the prosecution’s argument. Theft is a specific intent crime which means the Crown has to prove both the intention to steal and intention to deprive the rightful owner. - Negotiating a Plea Bargain
In situations where evidence is strong, Geoff may negotiate a plea bargain with the Crown, reducing the charges or penalties associated with the offence. - Alternative Measures Program
Eligible clients may participate in Alberta’s Alternative Measures Program (AMP), which allows individuals facing minor charges to complete a program instead of criminal prosecution and avoids a criminal record upon successful completion.
Geoff Green provides clients with strategic options and personalized guidance at every stage by understanding the prosecution’s approach and identifying weaknesses in the Crown’s case.
Understanding the Role of the Alternative Measures Program in Alberta
The Alternative Measures Program (AMP) offers a way to avoid a criminal record for minor theft and shoplifting offences.
Designed for individuals facing their first offence or minor charges, AMP can effectively resolve the case without a trial. Participants are often required to complete community service, restitution, or counselling as part of the program, which, upon successful completion, leads to a withdrawal of charges.
Geoff Green can help determine if AMP is an option for your case and guide you through the application process. By navigating this diversion program successfully, you can avoid a criminal record and minimize the impact on your future.
Have you been charged with Shoplifting or Theft in Edmonton?
It’s essential to act quickly and secure legal representation.
Get a Free ConsultationWhat to Expect During a Theft or Shoplifting Trial
Facing theft charges in court can be intimidating but knowing what to expect helps you prepare.
In a trial, the Crown prosecutor presents evidence to establish guilt beyond a reasonable doubt. Geoff Green will challenge this evidence, cross-examine witnesses, and present your defence to cast doubt on the prosecution’s case.
Typical stages in a theft-related court process include:
- Discovery: Examining all evidence presented by the Crown, including witness statements, surveillance footage, and police reports.
- Plea Bargaining: Negotiating with the prosecutor to reduce charges if the evidence is strong.
- Cross-examination: Geoff cross-examines witnesses to identify inconsistencies or issues in the prosecution’s case.
- Defence Presentation: Presenting evidence and arguments to support your innocence or cast doubt on the prosecution’s claims.
- Verdict and Sentencing: If found guilty, Geoff advocates for the least severe sentencing options, such as fines, probation, or conditional discharges.
Throughout this process, Geoff Green prioritizes protecting your rights, advocating for your interests, and minimizing the impact of a conviction.
Theft and Shoplifting Charges for Non-Canadian Citizens
Theft and shoplifting charges can have severe consequences for non-citizens in Canada, including deportation or loss of status.
Even minor theft offences can be considered crimes of moral turpitude, which impact immigration status. Geoff Green provides guidance to minimize the immigration risks associated with a conviction, whether through acquittal, dismissal, or reduced sentencing.
For non-citizens, Geoff will explore strategies to avoid a criminal record, including diversion programs, discharge options, or non-custodial sentences, where possible. Protecting your immigration status is essential, and Geoff’s experience with theft and shoplifting cases helps ensure minimal impact on your residency.
Options for Resolving Theft Charges Without a Criminal Record
Yes, there are options to resolve theft and shoplifting charges without resulting in a permanent criminal record.
Geoff Green will assess your eligibility for options like conditional discharges, diversion programs, or reduced charges, depending on the details of your case. This can be particularly important for individuals who need to preserve their records for employment, education, or travel purposes.
- Conditional Discharge: Allows you to fulfill specific conditions in exchange for no conviction on your record.
- Absolute Discharge: Available in rare cases, this results in no conviction or record but requires strong mitigating factors.
- Plea to Lesser Charges: Negotiating with the Crown to reduce charges to minor infractions, avoiding long-term repercussions.
Geoff Green can help minimize penalties and protect your record by identifying the right approach for your case.
Frequently Asked Questions about Theft and Shoplifting Charges in Edmonton
How can an experienced criminal lawyer help with first-time shoplifting charges?
An experienced criminal lawyer can work to minimize the impact of a first-time shoplifting charge by negotiating alternative resolutions, such as a diversion program or conditional discharge, which may allow you to avoid a criminal record. They can also provide guidance on defence strategies that challenge evidence or intent, potentially leading to reduced charges or dismissal.
Are theft and fraud charges handled differently by the courts in Edmonton?
Yes, theft and fraud charges are distinct and may be treated differently depending on the specifics of the case. Theft typically involves unlawfully taking property, while fraud often includes deceit or misrepresentation for financial gain. Courts consider factors like intent, value of stolen items, and any prior criminal history to determine penalties, which makes the advice of a theft or fraud lawyer valuable.
Is it possible to be charged with both theft and fraud for the same incident?
Yes, it’s possible to face both theft and fraud charges if the offence involved both taking property and deceptive actions to obtain it. For instance, using falsified information to steal an item or money could result in dual charges. Legal advice from a criminal lawyer can clarify the potential outcomes and defence options in such cases.
Can a theft or shoplifting charge result in a criminal record if no conviction is made?
If you are charged but not convicted, a criminal record should not be created; however, the charge itself may still appear on certain background checks unless it’s formally removed. Consulting a lawyer can help you understand the record implications and guide you through options like record suspension if needed.
How serious are motor vehicle theft charges compared to shoplifting charges?
Motor vehicle theft is typically considered a more serious offence than shoplifting and can carry harsher penalties, including potential imprisonment and a longer-lasting criminal record. Due to the higher value and safety implications, courts often treat motor vehicle theft as a serious property offence, underscoring the need for a skilled defence strategy.
Contact Geoff Green for a Free Consultation on Your Theft or Shoplifting Case
If you’re facing theft or shoplifting charges in Edmonton, Geoff Green offers a free initial consultation to discuss your case, answer your questions, and review potential defence options. With over 25 years of experience in criminal law, Geoff is committed to helping clients achieve the best possible outcome.
Contact Geoff Green today to schedule your free consultation and protect your rights against theft or shoplifting charges in Alberta.