First Offence Fraud Under $5000 Charges

What happens when you get charged with fraud for the first time in Canada?

The question of what will ultimately happen is probably the first thing an accused will think after receiving an Appearance Notice (Form 9) or Undertaking (Form 10) relating to a fraud under $5000 allegation by the police. The form will list the charges along with a fingerprinting/mugshot date and a courtdate, but contains no information about the potential consequences.

Fraud Under $5000 charges can range from first time shoplifting related incidents (changing price tags, fraudulent returns, self-scan checkout frauds etc.) to those alleged to be stealing from their employer by not ringing things in property, sweet-hearting customers, fraudulently creating store credit cards or gift cards for themselves (or partner/boyfriend/girlfriend etc.).

A lot of our clients have no prior criminal record or history of arrests or charges whatsoever.

This means that they have never been fingerprinted or had a court date for a criminal charge before (otherwise they would not be first timers - even if the charges were ultimately withdrawn). They come from all different backgrounds. Some are immigrants from India, China and other countries. Some are students. Some are older adults who worked their entire life without any problems before.

People get charged with fraud under $5000 for many reasons. Some people experience a bit of a high or excitement from getting away with something they should not have done. This itself can be addictive. Some are angry at the store over a prior experience where they felt they were not treated fairly and seek revenge.

Other causes include financial difficulties, wanting to send money back to their family in their home country, and behaviour resulting from problems with depression and/or anxiety. There is no universal reason as to why people try to defraud a store.

Most first time offenders (alleged) who end up being criminally charged (given a fingerprint and court date) are shocked about the seriousness of what has happened.

They may have been handcuffed, held by the store security (loss prevention) for hours, or put in the back of a police car, and possibly taken to the police station before released. Some are also held for a bail hearing before being released on a Form 11 Release Order. Others may have been quickly released at the scene with a Form 9 (blue/green or white) or Form 10 with a court date and a fingerprint/mugshot (photograph) date. Regardless of the arrest process, all of these people are being criminally charged by the police.

In Ontario, the arrest experience for someone charged with fraud under $5000 will depend on which police force arrested them, how busy they were at the time, the alleged facts of the case, the store location, etc. Sometimes people are arrested at the store or employer by security, sometimes the police will show up at their home or workplace, sometimes they will get a call from an Unknown number from the police asking them to turn themselves in. Upon arrest some will be given future dates and let go and others will be held for bail.

Once released the accused will await the outcome of their case before the courts which normally takes many months to even years to complete. For a basic fraud under $5000 charge they face up to 2 years in prison, probation, and a permanent criminal record.

Anyone given an Appearance Notice (Form 9) which can be white or sometimes blue/green in colour, an Undertaking (Form 10), or a Release Order (Form 11) for fraud under $5000 is being criminally charged.

Whether it was an easy release such as the police quickly showing up on scene and giving the charging paperwork for an upcoming fingerprint and court date or more difficult where the accused is arrested at home and held for bail, the charge remains the same and will now be dealt with by the courts and the Crown Attorney’s office. Some who are let go with dates quickly are facing far more serious charges than those who are held or arrested after the alleged incident.

The police want to ensure that the accused is properly identified, served legally with papers in person, not a risk to the public or themselves, will comply with their release conditions, and that their release will not overly offend the public. If all of these factors are satisfied they can normally release them fairly quickly after arrest with future dates. This happens more often with non-violent offences such as fraud under $5000.

Will the police or the media release my name, age, picture, hometown, or more to the public if I get charged with fraud under or over $5000 as a first time offender?

They can if they want to. The courts are open to the public in Canada. The police will normally only do this though if they feel there may be other victims out there that they want to come forward or if it is a matter of public interest.

Even if the police do not release the accused’s charge information themselves, any journalist/reporter can attend court and write a story about it. This is more common in smaller communities or in matters involving well known (ie. newsworthy) people. Ontario is filled with many small cities, towns, etc. where this information may be considered of interest to the public. The accused is more likely to have their name reported in the local news in a smaller town/city than in Toronto but it can happen anywhere.

When people, especially for the first time, get charged with fraud under $5000 or any other offence they are often under the false impression that it is all private.

Absent a court order (publication ban) there is no such privacy whatsoever. The so-called logic behind this open approach is that since there is a presumption of the accused being innocent until proven guilty it is considered okay to write stories and release names just based on the fact that someone is being charged/accused of a crime(s).

While the media and the police are sometimes quick to let everyone know someone was charged and with what, in most cases it is less likely that the ultimate result of the case will ever be reported if the charges are ultimately dropped. For someone charged with fraud for the first time this can be devastating and irreversible. Even if they are innocent they are essentially being labelled and seen as a fraudster in the eyes of the public.

Receiving a criminal record for fraud makes leads people and employers not to view you are trustworthy

Unlike some other crimes, fraud is considered a crime of dishonesty. People who are defrauded feel extremely violated. As such those who have a history of fraud are rarely ever trusted again. Once a criminal record for fraud is discovered it becomes very hard for the convict to gain employment. Employers will just see the record/charge itself and the sentence (ie. fraud under $5000) and will not be provided with the full details.

This means someone who gets a criminal record for switching a $3.00 price tag could permanently ruin their reputation and employability. Once a person is labelled as someone who cannot be trusted their explanation of what happened may also not be trusted. It becomes a vicious circle in that they both cannot escape the label or mitigate their circumstances by explaining things because nobody believes anything they say.

Family relationships, marital issues, friendships

About half of our clients decide to tell their spouse, parents, friends, etc. about the charges and half want to keep it a secret. For those who want to keep it a secret we do everything possible to make this happen (appear in court without the client present, reduce mail/correspondence, etc.), but Canadian courts are open to the public and there are no guarantees that people will not find out.

People tend to gossip. For a 1st time offender, whose reputation is unblemished, having those around them find out can be devastating. In some cases it can lead to losses of friends, family members who no longer trust them or want to be around them, and marital problems. Sometimes it is used in family law court against the accused in support of child custody/access or even child or spousal support claims. Given that at least 50% of marriages in Ontario end in divorce, this is a common problem experienced by the accused.

Sometimes in a divorce case the fraud charges are used to support the notion that the accused is untrustworthy and likely being dishonest with the court about their finances or other contentious issues.

Other potential negative consequences of 1st time fraud under or over $5000 charges

In addition to employment and reputation related problems, other major losses to the accused can include:

1. Problems with IRCC/immigration status and applications if the accused is not a Canadian Citizen. Please see our page on fraud charges and immigration/IRCC issues.


2. Being denied entry to the USA and other countries. Please see our page on fraud charges and U.S. travel/border crossing.

Being charged for the first time with fraud under $5000 (or fraud over $5000) is far more devastating than for someone who has a prior record because it can permanently impact so many different forms of freedoms and opportunities. Those who already have criminal records for fraud have already lost these privileges forever and thus arguably have a lot less to worry about.

If you are charged for the first time with fraud under $5000 or fraud over $5000 it is imperative that you hire a criminal lawyer immediately to defend your case. Case results are often permanent. Opportunities for a successful defence/result can be time sensitive and may not be available if you wait. Being proactive is your best defence strategy.

Taking a huge permanent loss to your freedom/opportunities is bad enough. Finding out later that it could have been prevented makes it even worse. If you are currently charged with fraud in Ontario, give us a call today for a free consultation.


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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with fraud offences throughout Ontario.

Have a skilled criminal lawyer who focuses on fraud related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending a fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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