1. Can I be charged with theft even if I returned the item?

Yes. Returning the item after the fact does not erase the offence. However, it may be considered a mitigating factor during sentencing or negotiations for diversion.

2. Will I have to go to court for a Theft Under $5,000 charge?

In most cases, yes. You will receive a court date on your release paperwork. However, if you retain a paralegal, they can often appear on your behalf and work toward a resolution without you attending every appearance.

3. What happens if it’s my first offence and I plead guilty?

If you plead guilty on a first offence, the court may still impose a criminal conviction, a fine, probation, or require restitution. A skilled paralegal can often negotiate alternatives to avoid a permanent record.

4. Can a Theft Under $5,000 charge affect immigration status or applications?

Yes. Theft is considered a crime of dishonesty, which can negatively impact immigration applications, permanent residency, or citizenship eligibility — even without a conviction.

5. Can I get a fingerprint and photo record from a Theft Under $5,000 charge?

Yes. You’ll typically be required to attend a police station to be fingerprinted and photographed after being charged. These records can stay on file even if you are not convicted, unless expunged.

6. How long does a Theft Under $5,000 charge stay on my record?

If convicted, it remains on your criminal record permanently unless you apply for and are granted a record suspension (formerly called a pardon). Non-conviction outcomes (like withdrawals) may still show up on background checks unless expunged.

7. Is shoplifting the same as Theft Under $5,000?

Yes. Shoplifting is one of the most common forms of Theft Under $5,000 and is prosecuted similarly under the Criminal Code, even if the value of the item is small.

8. Can store security or loss prevention legally detain me?

Yes, but only if they have reasonable grounds to believe you committed theft. However, unlawful detention, excessive force, or Charter breaches during arrest may be grounds for a legal defence.

9. Can a youth be charged with Theft Under $5,000?

Yes. Youths can be charged, but the case is handled under the Youth Criminal Justice Act (YCJA), which focuses on rehabilitation and may offer different outcomes like warnings or extrajudicial sanctions.

10. What is a restitution order and will I have to pay one?

A restitution order requires you to financially compensate the victim (e.g., store or individual) for their loss. This is often part of a diversion or sentencing outcome, especially if the stolen item wasn’t recovered or was damaged.

Theft Defence in Ontario | Free Legal Review

Under the Criminal Code of Canada, you can be charged with Theft Under $5,000 even if no one was physically harmed — and even if it was a one-time lapse in judgment.

You may be charged for:

Taking merchandise or goods from a store without paying
Stealing personal property from an individual or employer
Shoplifting or employee theft
Failing to return borrowed items when required

Even low-value theft — especially in retail, workplace, or domestic situations — can carry serious legal consequences.

These situations often arise from impulse, financial stress, or miscommunication. But the Crown may still pursue charges, even if the victim isn’t pressing for punishment.

In theft cases, the court often focuses on the act itself — not just your intentions.

You Still Have Options — Don’t Face This Alone

If this is your first offence, and the charge arose from:

A financial mistake or lapse in judgment
Misunderstanding involving employment, credit, or personal transactions
False or exaggerated allegations during a dispute

You may be eligible for legal outcomes that can help you avoid a criminal record, such as:

Diversion programs
Restitution agreements
Conditional discharges or charge withdrawal

We act quickly to protect your reputation, minimize consequences, and guide you through the legal process with discretion and clarity.

First-time charge? You may qualify for diversion. Find out in 10 minutes.

At Cordaie, we’ve supported clients throughout Ontario facing Theft Under $5,000 charges with a strategic, compassionate, and results-driven approach:

✔ Extensive Experience with Theft Under $5,000 Cases
✔ Law Society-Licensed Ontario Paralegals
✔ Transparent Flat Fees — No Hidden Costs
✔ Full Representation in Ontario Courts
✔ Discreet, Judgment-Free, and 100% Confidential Support

When your future is on the line, we don’t just offer guidance — we stand with you and fight to protect your rights.

We carefully assess every angle of your case to build the strongest possible defence. Depending on the circumstances, we may explore:

No intent to steal or deprive the owner
Misunderstanding over ownership or permission
Lack of credible evidence, surveillance, or witness reliability
Charter rights violations (e.g., unlawful search, improper detention, delay in disclosure)
First-time offender resolutions, such as diversion programs or conditional discharges

Every case is different — and your defence strategy should be too.

We offer flat-rate pricing for Theft Under $5,000 charges — so you’ll always know exactly what to expect.

✔ No hourly billing.
✔ No hidden fees.
✔ No surprises.

Early Resolution or Guilty Plea:

Just $1,995 + HST — covers everything from start to finish if your case is resolved without trial.

If Your Case Goes to Trial:

Total fee is $4,995 + HST — includes full trial preparation, strategy, and courtroom representation.

Easy, Flexible Payment Options:

Start with a small retainer deposit, then pay the rest at your own pace — as long as your balance is paid 14 days before your trial or resolution date.

Get the experienced legal defence you need — at a price you can afford. Ask about payment plans during your free consultation.

Legal help you can afford — book now and start for just a small deposit.

1. Can I be charged with theft even if I returned the item?
Yes. Returning the item after the fact does not erase the offence.

However, it may be considered a mitigating factor during sentencing or negotiations for diversion.
2. Will I have to go to court for a Theft Under $5,000 charge?
In most cases, yes. You will receive a court date on your release paperwork.

However, if you retain a paralegal, they can often appear on your behalf and work toward a resolution without you attending every appearance.
3. What happens if it’s my first offence and I plead guilty?
If you plead guilty on a first offence, the court may still impose a criminal conviction, a fine, probation, or require restitution.

A skilled paralegal can often negotiate alternatives to avoid a permanent record.
4. Can a Theft Under $5,000 charge affect immigration status or applications?
Yes. Theft is considered a crime of dishonesty, which can negatively impact immigration applications, permanent residency, or citizenship eligibility — even without a conviction.
5. Can I get a fingerprint and photo record from a Theft Under $5,000 charge?
Yes. You’ll typically be required to attend a police station to be fingerprinted and photographed after being charged.

These records can stay on file even if you are not convicted, unless expunged.
6. How long does a Theft Under $5,000 charge stay on my record?
If convicted, it remains on your criminal record permanently unless you apply for and are granted a record suspension (formerly called a pardon).

Non-conviction outcomes (like withdrawals) may still show up on background checks unless expunged.
7. Is shoplifting the same as Theft Under $5,000?
Yes. Shoplifting is one of the most common forms of Theft Under $5,000 and is prosecuted similarly under the Criminal Code, even if the value of the item is small.
8. Can store security or loss prevention legally detain me?
Yes, but only if they have reasonable grounds to believe you committed theft. However, unlawful detention, excessive force, or Charter breaches during arrest may be grounds for a legal defence.
9. Can a youth be charged with Theft Under $5,000?
Yes. Youths can be charged, but the case is handled under the Youth Criminal Justice Act (YCJA), which focuses on rehabilitation and may offer different outcomes like warnings or extrajudicial sanctions.
10. What is a restitution order and will I have to pay one?
A restitution order requires you to financially compensate the victim (e.g., store or individual) for their loss.

This is often part of a diversion or sentencing outcome, especially if the stolen item wasn’t recovered or was damaged.

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Frequently Asked Questions About Theft Charges in Ontario