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    zeroangel's Avatar
    zeroangel Posts: 5, Reputation: 1
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    #1

    Jul 15, 2009, 08:36 PM
    3 charges as a bystander
    So last night me and my friends were just outside spending some time with each other. There were 4 of us I am 17 , one of them 19 another 20 and another 15. During the time that we were out they ended putting gasoline on a car and breaking the windshield. Now I did not touch any of the equipment used on the car or did anything I was basically a by stander. When we were arrested my police found ketamine on the 19 and 20 year old. I am now currently facing 3 charges of Possession of Controlled Substance, Mischeif over $5000 and possession of Incendiary Material . This is my first offense and I live in Ontario Toronto , Canada. I was wondering what my best options will be I will be going to duty council and I believe I will not be pleading guilty . Also I did not have ANY drugs on me . I was also wearing a bandana. I have no said anything to the police . Can someone also tell me what my outcomes would probably be and if a criminal record would be placed ?
    zeroangel's Avatar
    zeroangel Posts: 5, Reputation: 1
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    #2

    Jul 15, 2009, 08:44 PM

    Sorry for the double post but I am also unable to afford a lawyer.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #3

    Jul 15, 2009, 08:45 PM

    Plead not guilty and hope for the best.
    Your being there makes you an accessory.
    As soon as they got the gasoline and you saw their intent you should have left immediately.
    Often you are charged with as much as they can come up with and then in court it can be reduced to the least charge or lesser charges than they got you on.
    If your friends vouch for you and take the blame that can help some. If you tell the cops everything and they believe you that can also be in your favor.

    Do you qualify for a free public defender?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jul 15, 2009, 08:50 PM

    Hello z:

    If you were there, you're guilty of the valdalism. But, you didn't have drugs on you, so you're not guilty of that - which is a much bigger crime...

    Good that you didn't say anything. Let's hope they'll give you a lawyer, and you can plead this out without too much trouble.

    excon
    zeroangel's Avatar
    zeroangel Posts: 5, Reputation: 1
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    #5

    Jul 15, 2009, 09:08 PM

    I am not sure I would have to apply for legal aid I am currently working I make approximiatly 500-600 $ every two weeks. My parents would not support me. Do I need my full disclosure before I can apply for legal aid ?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jul 15, 2009, 09:17 PM
    Quote Originally Posted by zeroangel View Post
    Do i need my full disclosure before i can apply for legal aid ?
    Hello again, z:

    I wouldn't lie to 'em. That's another crime.

    excon
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Jul 15, 2009, 09:24 PM

    Yes you would need to tell them everything they ask. Even if your parents don't support you and you live in their house you may be required to give their income too.

    Your income is low enough that you should qualify.
    zeroangel's Avatar
    zeroangel Posts: 5, Reputation: 1
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    #8

    Jul 15, 2009, 09:45 PM
    Just for clarification I was not going to lie I just would rather apply for my legal aid now. Because I have yet to attend my first court date in other words I do not have my full disclosure

    My plans (open to suggestions and opinions)
    1. Apply for Legal Aid before Court Date
    2. Day of court date go to Duty Council and tell them I want a full disclosure
    3. Assuming they do not have enough evidence go back to duty council and explain my situation
    4. Hope for a good resoloution
    5. If there is not get a lawyer.
    zeroangel's Avatar
    zeroangel Posts: 5, Reputation: 1
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    #9

    Jul 15, 2009, 11:22 PM

    One last thing that I would like to add is the fact that we were all wearing bandanas.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #10

    Jul 16, 2009, 04:17 AM

    So are they trying to claim you are a gang and yiou conspired to do thses things like premeditation?
    I really hope for your sake your friends admit to your (lack) of involvement and you tell EXACTLY what happened.

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