The charge is possession of property obtained by crime
Section 354(1) addresses possession of property or proceeds with the specified knowledge of criminal origin. Section 355(b) provides the penalty branch for property worth $5,000 or less. These provisions should be read together; the usual phrase “possession of stolen property” is only a shorthand. Read sections 354 and 355.
Prepare the history of how you obtained the item
Identify any advertisement, seller messages, receipt, transfer record, delivery details and description of the item. An allegation involving a second-hand purchase needs a careful factual timeline. Retain the original material and use the office’s confirmed intake process to provide it. Avoid contacting a witness or seller in breach of a release condition.
Distinguish possession from theft and trafficking
A file may contain more than one property allegation. The exact sections and value matter for both the legal issues and permitted representation. This page concerns eligible possession charges; it does not offer representation on every offence involving stolen goods, trafficking or a motor vehicle. Bring the complete charging document, not just one count.
Review disclosure and decide the next step
Once retained, FLS can review the Crown’s disclosure, identify missing material and discuss the work needed to assess the allegation. Crown discussions, appearances and trial preparation depend on the written retainer. The next court date and any outstanding obligations remain important while options are considered. Read the Ontario Court of Justice process guide.
Common questions
Is possession the same allegation as stealing the item?
No. The provisions address different conduct. FLS reviews what is actually alleged and the evidence relating to each count.
Can I provide online marketplace messages and a receipt?
Keep the originals. After the office confirms intake and any conflict check, it will explain how to provide documents securely.
Can you act on property over $5,000?
This service page is limited to eligible possession allegations of $5,000 or less. Other charges require a separate scope assessment and may require a lawyer.