William's Case — Theft (workplace) — Withdrawn

Client:  William, Accused
Complainant:  William's employer, a Paralegal Firm
Charge:  Theft Under $5000

Background:  William had a highly successful career in sales in his thirties and early forties. He had a huge salary, wielded tremendous authority, and commanded much respect. But his fortunes had turned. Now, at 51, sitting in my office, he found himself a recent survivor of a heart attack, unemployed, and facing a criminal charge of theft from his last employer. Worse still, he had dealt with the criminal proceedings by "pretending they weren't there." By the time he contacted me, almost a year had passed. His trial was only six days away. I agreed to meet to talk about his prospects and his options.

READ THE POLICE REPORT

Goals:  William's goal was modest. He knew that he had horribly delayed hiring a lawyer. Now, he just wanted to work out the best deal possible, as he believed it was too late to do anything else. "Pleading guilty is easy," I told him, "Let's review the disclosure to see what else can be done."

Strategy:  I reviewed the inch-thick disclosure. It consisted of an accountant's report with the police report stapled on top. In reviewing the disclosure, it quickly became apparent that the police had done nothing more than summarize the accountant's findings. No independent investigation had taken place. No witnesses were interviewed. The necessary documents had not been gathered. To prove its case, the Crown would first need to show that William had collected the money. Surprisingly, the Crown had neither the witnesses nor the documents to prove that William had received any money. On the the basis of this disclosure, the Crown would have serious problems at trial. The strategy we fixed upon was simple. We'll show up for trial, and insist that the Crown proceed that day.

Results:  On the morning of the trial, I attended the Crown's office, and spoke to the Crown. I casually told her that she might have a couple of problems. She responded by saying "I noticed." The Crown indicated that she would probably ask for an adjournment because she's not ready to proceed. Then she asked me if I was interested in resolving the matter by way of guilty plea. I responded by telling her that I thought it was a little unfair to bring my client to trial after so many months, and to then seek an adjournment because you're not ready. "I'll make you a deal," I countered, "If you can show me how you can prove that my client stole even $20 of that money, I'll ask him to consider pleading guilty. If not, then you withdraw the charge." She responded by saying "I'll think about it. I'll see you in Court." William and I waited in the Court room. The Crown entered the Court room, but did not approach me. When Court started, she called William's matter. As we came forward, she told the Judge that there was no reasonable prospect of conviction, and withdrew the charge. William's face beamed with relief.

READ WILLIAM'S TESTIMONIAL