FAQs Archive - Page 6 of 12 - Muenz Criminal Law

Q: Will I go to jail for theft or fraud?

Jail is not the expected outcome in every case. A first-time accused charged with a relatively minor theft or fraud may receive a non-custodial result, particularly where the loss is limited and restitution has been made. The risk of imprisonment increases where the allegation involves a large loss, extensive planning, numerous victims, a prolonged course of conduct, a prior record or an abuse of a position of trust. The strength of the evidence and the possibility of avoiding a conviction should be assessed before any guilty plea or resolution is considered.

Q: If I return the property or repay the money, will the charge be withdrawn?

Not necessarily. Once a charge has been laid, the Crown Prosecutor decides whether it will continue. Returning property or making restitution may assist in negotiations or sentencing, but it does not erase the alleged offence. Before contacting the complainant, employer or business—or making any payment—the accused should obtain legal advice. Direct communication may breach a release condition, create additional evidence or be interpreted as an admission.

Q: Is theft under $5,000 still a criminal offence?

Yes. The phrase “under $5,000” describes the value of the property; it does not make the matter a provincial ticket or minor regulatory offence. A conviction can result in a criminal record. For a first-time accused, however, the outcome may depend on the value involved, whether the property was recovered, the circumstances of the allegation and the accused’s background. Withdrawal, diversion, a peace bond or a discharge may be available in an appropriate case, but none is automatic.

Q: Will I go to jail for a drug offence?

That depends on the charge and the circumstances. Jail is much more likely in commercial trafficking cases, particularly where the allegation involves fentanyl or another dangerous substance, a significant quantity, an organizational role or a prior record. For less serious possession allegations, available outcomes may include withdrawal, diversion, treatment-based measures, a discharge, probation or another non-custodial sentence. The Controlled Drugs and Substances Act specifically recognizes evidence-based alternatives to prosecution for some simple-possession cases, but eligibility depends on the facts and the prosecutorial decision.