Employer theft charge Calgary lawyers

Employer Theft Defence Lawyer in Calgary

The Charge

An allegation that you have stolen or defrauded your employer is treated extremely seriously in Alberta. The Courts have constantly stated that stealing from your employer, absent exceptional circumstances, ought to result in a jail sentence if you are found guilty. This is because:

  1. A theft from your employer involves a breach of the trust they placed in you to handle their property honestly
  2. Such thefts are unfortunately very common in Alberta

In addition, the Crown will not approve anyone alleged to have committed a theft from their workplace for any out-of-court diversion programs; instead, they will seek jail if you are found or plead guilty.

You are presumed to be innocent until the Crown proves otherwise, and the Crown’s case may not be sufficiently strong to prove you guilty.

Bail Conditions for Employer Theft

You may be placed on conditions not to contact any victims or witnesses in relation to your case. In addition, you will likely be banned from going to the place you allegedly stole from. These conditions can cause significant hardship, so contact Calgary Criminal Lawyers, who can work to alter the terms of your release to keep your life as normal as possible.

Defending Employer Theft Charge

Theft from employer cases often involve a large volume of documents as evidence. There are also strict and complicated rules about whether those documents are admissible in court. We are well-versed in those rules and will not hesitate to challenge if the circumstances call for it. We will obtain and review all the documents in the police file with you, with special attention paid to the following important issues:

  • Is there sufficient evidence to prove you committed the theft?
  • Are there other alternative suspects who could have committed the theft?
  • Even though you took the money or property, did you believe you had a legitimate claim to it?

Contact Us Immediately If

  • You begin to suspect that you are under suspicion for stealing from your employer.Do not discuss the matter with your fellow employees, your supervisor, or the police. Anything you say to anyone about the alleged offence can be used in court against you.We have unfortunately seen numerous cases where the accused person provided the missing piece the prosecution needed to ensure a conviction by making statements to co-workers, supervisors, or the police.
  • You are being investigated by your employer for wrongdoing.There is a time and a place, and a person to tell your side of the story.
    The place is not your boss’s office, or the police station.
    The person is not your boss, co-worker or a police officer.
    The time is not when you are being pressured by any of the above people to give a statement.Rather, you should tell us your side of the story when you meet with us in the safety and comfort of our offices, and you are protected by the lawyer-client relationship.

The Sentence

If the amount of property stolen is alleged to exceed $5000, you are liable to a jail term of up to 10 years. You may also be put on probation for up to 3 years, and fined several thousand dollars.

If the property you are alleged to have stolen is worth less than $5000, you could go to jail for up to 2 years, be put on probation for up to 3 years, and/or fined several thousand dollars.

The Judge can also make an order that you pay the victims back the entire value of the property stolen (this is called a “restitution order”).

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Unlawfully in a Dwelling House, Charges Withdraw

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items.

Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Theft Under $5,000, Charges Withdrawn

Canmore Provincial Court
Case Number: 22601571

Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.

Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.

Successful Result: Charge Withdrawn, No Criminal Record

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.