Legal Project Management Plan & Checklist
How to defend a possession of property obtained by crime charge under $5,000 in Ontario using diversion programs or summary conviction under section 355(b).
Can a minor possession charge be dropped?: Yes. For first-time offenders, possession under $5,000 is often eligible for the Direct Accountability Program (DAP). If the accused completes community service or a charitable donation, the Crown withdraws the charges, leaving no criminal record.
What is the limitation period?: If the Crown elects to proceed by summary conviction, there is a strict 12-month limitation period from the date of the alleged offence under section 786(2) of the Criminal Code. If this period has expired, the Crown must proceed by indictment.
Jurisdiction: Ontario Court of Justice (OCJ).
The Process at a Glance: Defence counsel will first verify the 12-month summary conviction limitation period. A Direct Accountability Program (DAP) proposal is submitted to the Crown. If approved, the client completes the required programming (e.g., community service) and the charge is withdrawn. If DAP is rejected, counsel will negotiate for an absolute or conditional discharge at sentencing to avoid a permanent criminal conviction.
Key Legislation and Case Law: The summary limitation period is governed by Criminal Code s. 786(2). Discharges are governed by Criminal Code s. 730.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Criminal Law: Possession of Stolen Property Defence - Value Not Exceeding $5,000 (Diversion/Summary) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Under Criminal Code s. 786(2), summary conviction proceedings must be instituted within 12 months of the time when the subject matter of the proceedings arose.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
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