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joypulv · Sep 27, 2013, 03:30 PM

During testimony with who present? How was it given to the judge without the prosecutor knowing? A conviction? As an adult? Had your lawyer had a pre-trial meeting with the judge about it? What does your lawyer say?

Asking hypotheticals doesn't really help much.

tori1951 · Sep 27, 2013, 08:04 PM

Originally Posted by joypulv

During testimony with who present? How was it given to the judge without the prosecutor knowing? A conviction? As an adult? Had your lawyer had a pre-trial meeting with the judge about it? What does your lawyer say?

Asking hypotheticals doesn't really help much.

It was a civil trial not a criminal one. The plaintiff had a vehicle taken from them by the defendant by means of illegally transferring it out of their name, then signing it over to a third party for collateral on monies borrowed. The third party transferred it to their name and the plaintiff is fighting to get it back as they were not aware it happened at all. During the trial the third party stated that he lent the money to the defendant because he was being threatened violent bodily harm if he didn't have the money paid by the end of that day. He admitted he later believed that the defendant did nothing but lie to him for months. Will the judge make the prosecution aware of the fraud and or the threats, or will he just deal with who is entitled to the vehicle? Since is was just civil court?

tori1951 · Oct 11, 2013, 12:21 PM

I took the advice given from everyone on here and got a legal aide lawyer, in the mean time the police called me back to the station to inform me they are lumping all 9 charges under 5000 and the obtaining credit over into the defrauding the public over 5000 charge. This means I now have only 2 charges? One of defrauding the public over 5000 and the possessing proceeds of crime over 5000. Is this a good thing or will it make no difference at all? I have decided also to try to take a plea.

joypulv · Oct 11, 2013, 12:31 PM

Off hand it doesn't sound like something I'd be happy about, putting you in a higher felony category (?), but I don't know Canadian law, nor what the prosecutor's aim is here. You can count on it not being in your best interest unless your lawyer is the one who requested the change, and you should be on the phone with your lawyer. In any case you shouldn't be saying a peep to the offense.

ScottGem · Oct 11, 2013, 01:27 PM

Originally Posted by tori1951

the police called me back to the station to inform me they are lumping all 9 charges under 5000 and the obtaining credit over into the defrauding the public over 5000 charge.

I don't know if Canada does things differently or you just don't understand what happened. But it's the prosecutor's office that determines what charges to file and prosecute for. This is not something usually done by the police. Once the police turn a case over to the prosecutor, they are usually no longer involved (except as witnesses) or if the prosecutor needs more evidence.

P.S. and please don't keep creating multiple threads over the same issue. Any follow-up should be added to this thread.

tori1951 · Oct 11, 2013, 05:36 PM

Originally Posted by Fr_Chuck

At court, when they sentence you to jail, you will be ordered to pay them back, and latter for probation (parole) you will be required to be making payments.

If you can pay them all back in full before court, then maybe a good attorney may get your probation.

But you really, really need to consider a plea deal, if they can get you under 3 years in prison, take it.

Chuck,

I would appreciate your opinion on this,

I took the advice given from everyone on here and got a legal aide lawyer, in the mean time the police called me back to the station to inform me they are lumping all 9 charges under 5000 and the obtaining credit over into the defrauding the public over 5000 charge. This means I now have only 2 charges? One of defrauding the public over 5000 and the possessing proceeds of crime over 5000. Is this a good thing or will it make no difference at all? I have decided also to try to take a plea

Fr_Chuck · Oct 11, 2013, 06:06 PM

First, no the civil judge will not inform the prosecutor about what was said. Most of what is said in civil courts are lies or some mistruth, so first the judge has to decide if he even believes it.

Now the person who said this, can go file charges if they want.

**NO, you would have been much better off with several small misdemeanor charges than a felony. A felony normally does not fall under any first offender program, there is a much higher chance of prison with these charges than with several smaller charges

tori1951 · Oct 11, 2013, 06:14 PM

Originally Posted by Fr_Chuck

First, no the civil judge will not inform the prosecutor about what was said. Most of what is said in civil courts are lies or some mistruth, so first the judge has to decide if he even believes it.

Now the person who said this, can go file charges if they want.

**NO, you would have been much better off with several small misdemeanor charges than a felony. A felony normally does not fall under any first offender program, there is a much higher chance of prison with these charges than with several smaller charges

Thanks for your input, all of you!