In Ontario, theft charges can be difficult to get dropped for a variety of reasons. The specific circumstances of the case and the evidence against the accused can make it challenging to have the charges dismissed. Here are a few examples of theft charges that may be more difficult to get dropped:
- Theft of a large sum of money or valuable property: When the value of the stolen property is high, it is more likely that the prosecution will want to pursue the case. Also, if the stolen property is not recovered, it can be harder to prove that the accused did not intend to steal it.
- Theft committed in an aggressive or violent manner: When the theft was committed in an aggressive or violent manner, the prosecution may be more likely to pursue the case. This could include using force or threats to steal the property, or being armed during the commission of the crime.
- Theft committed by an individual with a prior criminal record: If the accused has a prior criminal record, the prosecution may be more likely to pursue the case. A prior criminal record can indicate a pattern of criminal behavior, which can make it harder to argue that the accused did not intend to steal the property.
- Theft committed in a position of trust: When the theft is committed by an individual in a position of trust, such as an employee of a business, the prosecution may be more likely to pursue the case. This is because the accused had access to the property and used their position to steal it.
- Theft committed as part of an organized group: When the theft is committed as part of an organized group, the prosecution may be more likely to pursue the case. This is because it can be harder to identify the individual responsible for the theft, and it can be more difficult to prove that the accused did not intend to steal the property.
In summary, theft charges can be difficult to get dropped in Ontario, depending on the specific circumstances of the case. Thefts of a large sum of money or valuable property, committed in an aggressive or violent manner, by an individual with a prior criminal record, in a position of trust, or as part of an organized group, may be more challenging to have the charges dismissed. The prosecution will have to prove each element of the crime beyond a reasonable doubt, and it’s the job of the defence attorney to present a strong defence and negotiate with the prosecution.
If you or someone you know has been charged with Assault, contact De Boyrie Law today for a free consultation at this link. If your matter is immediate please contact us at (416) 727-1389. De Boyrie Law serves Toronto, Vaughan, and the Greater Toronto Area.
Stacey is a student at De Boyrie Law. She is currently studying to complete the BAR and is expected to join our firm once she has completed studies.