A Canadian permanent resident committed a series of embezzlements while undergoing personal problems at the level of professional integration. It seems he stole money from the cash he used in his work. He was charged with theft over $ 5,000 (Section 334 a) and 355 Criminal Code) at the Montreal Palais de justice.
After beginning the procedures with another lawyer, the client eventually asked our criminal lawyer for help. He wanted to avoid having a criminal record at all cost even if found guilty of the offence.
It is usually impossible to get an absolute discharge for theft over $ 5,000. Mr Xavier Cormier therefore began long negotiations with the Prosecutor to have the allegated amount of the theft reduced. Charges were finally changed and it became theft of only $ 334.
Afterwards, our lawyer asked the Court to order drafting a pre-sentence report in order to improve the client’s chances of avoiding having a record. Finally, he pleaded with the Judge to let his client benefit from a discharge, to which the prosecution objected. But the Judge granted the client an absolute discharge.
Some of Mr Cormier’s clients cannot benefit from a discharge. See notice.