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    johndoe2011's Avatar
    johndoe2011 Posts: 2, Reputation: 1
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    #1

    Mar 17, 2011, 08:48 PM
    Criminal harrasement and mischief under 5000$
    Hello,

    I am from Canada Ontario. I have no criminal record and never been in trouble (32yr old male). I was seeing this girl and things didn't workout so we split up but I wanted to try to patch things up with her because when we split up she told me she was pregnant. I did call her couple of times and tried to be in contact with her I admit, I simply wanted to fix things up because she wanted to get an abortion but she didn't want to talk to me.

    On the day she went to the hospital which I didn't knew she told me that she was home after the procedure and she was recovering. I know she didn't want to see me but naïve like I am I went to her place to make sure she was all right. Like I previously done before I went to her window and knock on it to make her aware I am there and to open the door.. did that many times because she takes pills to sleep and she never hear me knocking on her door. So that night when I went about knocking on the window it broke! And for a sec or so saw through the window that she was sleeping with another guy (it questions me about her really having an abortion in the same day?), my first reaction was to take off I couldn't believe it.

    The police came by to see if I was home and ask if I was in her area minutes ago, I said I was sleeping and they kept asking to go in my garage to feel the car if it was warm and I said no. The next day the police called me to go to the station to talk to me. Upon my arrival they brought me to the interrogation room and started asking questions about the incident and other topics regarding stalking and following her etc... I mentioned that I didn't know anything and wanted to talk to a lawyer. They granted me a call and put me in jail where I saw people come by my cell block(I guess witnesses).

    After 20 minutes they took me out brought me again to the interrogation room where they spent about 4 hours interrogating me about the broken window and trying to force me in saying I did it. I didn't say anything except that I would talk to my lawyer only and had no comments. They have release me with a paper that says undertaking given to a peace officer which says I cannot communicate with my ex and cannot go in her village and they fingerprinted me and took pictures.

    While I was being interrogated, they went trough my phone pictures, text messaging, contact etc... they even told me that they were doing it... is this legal for them to do that without my consent?

    I have been honest with my lawyer and told him the truth that I did break the window but was an accident and that I did call her maybe too many times?? I also was told by the police that she mentioned that I was following her but that is not true at all she is just adding I think to get even for the broken window I don't know.


    My question is as follow,

    I have a good job, never been charged with anything and my record is cleaned and this is very important because of my job. I do not wish to loose my job over this incident which I regret. Is there any chance I could have the charges dropped and pay a fine or community services instead? I need to keep my record clean. I have no idea what to expect at this time and I fear for the worst.

    I have not been charged yet I have a paper that says promise to appear in court on a specific date. The paper says that I understand that it is alleged that I have committed the offense described

    Thank You

    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 18, 2011, 04:36 AM
    Quote Originally Posted by johndoe2011 View Post
    Is there any chance I could have the charges dropped and pay a fine or community services instead? I need to keep my record clean. I have no idea what to expect at this time and I fear for the worst.
    Hello john:

    If you pay a fine or do community service, it means you've been convicted of a crime, and that isn't a clean record. You need to be acquitted or have the charges reduced to an infraction. Your lawyer ought to be the one doing the negotiating, and I wonder why you haven't asked him this stuff, and if you did what did he say?

    excon
    johndoe2011's Avatar
    johndoe2011 Posts: 2, Reputation: 1
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    #3

    Mar 18, 2011, 07:12 AM
    Comment on excon's post
    excon,

    Yes I had my first call with my lawyer and I told him that I needed my record to be clean and he understood. I have not met with him yet as he prefer we meet after he has received the information from the police on the issue. He said we will then go from there.

    I mentioned that breaking the window was an accident and he said that it could be used in defense.

    Thank You

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