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chris_cav · Dec 30, 2009, 06:17 AM

My question involves criminal law for the state of: Ontario Canada

I know the response to this is to seek out a lawyer which I am doing. What I am looking for is to calm my nerves a bit because this needs to be dealt with and dropped somehow.

I was charged with Assault and Mischief (destruction of property under $1000) which both fall under criminal code in Ontario Canada.

My story:
It was xmas eve. My girlfriend and I were at a friends house, we had a lot to drink. She can be very provoking when she wants to argue and when I argue back it ends up in screaming matches. Well this time it was outside and what is reported to police was that I was yelling, smacked her car window (didnt break), argument continued outside, we were pushing each other, they said she fell (I don't remember that). She went inside to the apartment, then somebody from the street said they called the cops. This made me very mad, I picked up a stone and scratched a fender of my g/f car (which I help to pay).

So apparently, my g/f told the cops several times that she didn't want to make a statement or press charges. So the cops pressed their own charges against me. This witness did not see assault because there wasn't one, just from my g.f saying we were pushing each other and she fell, so they charge me with assault now. She has no marks or bruises at all and very adamant that she did not want any trouble brought on me for this something this dumb. The witness did see me making a scratch on the car though and they said it to the cops in a statement.

So some things to keep in mind. We were both very drunk. Had a loud argument outside. Cops called, I'm nailed with 2 charges. My g/f did not want to make statement and wants to make a formal complaint against this cop (please tell me if that is a good idea for her to do or not). We both want very very badly for these charges to get dropped.

The sad thing is they made a condition upon my release that we are not allowed to see each other?? Well we love each other, she is pregnant, and we are going to get married?? So what can we do to make that go away asap?? We miss each other and want to be together more then anything, we are best friends...

So that is the story... what I am looking to see is how I should approach this to get it dropped? Or if it can get dropped? I guess its legal for cops to press their own charges, but how can they from no official statement? They do have a witness for the yelling and scratching car but not assault. I pay for that car too and already fixed the little scratches which cost like 20 bucks to do.

Anyway, please PLEASE let me know how to beat this and so that we can be together... It is eating at me every minute until it is resolved... If we have to see therapist or anything, that is fine, we just want this to be dropped so badly...

Fact is, I do a lot of international business and I can not have a criminal conviction, no matter how petty the charge!

Thank you for any advice,

Chris

JudyKayTee · Dec 30, 2009, 06:30 AM

First, the words "beat the charges" are offensive to the legal system. I've never seen Ontario referred to as a "State." It's a Province. Do you actually live in Canada?

I don't see that there is any action to be taken against the Police - it would appear they did their job. You don't remember all the details of what happened between you and your girlfriend so I would also "guess" that you don't know what went on between the Police and the two of you.

Domestic abuse - which this is - is a serious charge, but you seem to be aware of that. Once the Police are called your girlfriend is a WITNESS, not a Plaintiff. The charges will be the Government (Province of Ontario/possibly your City) vs you, not her vs you.

My suggestion? Retain the best Attorney you can find. IMMEDIATELY go into some sort of anger management class.

Your girlfriend was pregnant and intoxicated? The Court is not going to look at her very kindly, either. I don't know what Ontario does. In NY this type of situation would cause Child Protective Services to be put on alert in advance of the birth. You have asked for legal advice but I'll throw in some personal advice - your girlfriend should stop drinking during her pregnancy. If she was intoxicated, so was "your" baby - the fetus, if you prefer that word. I see why the Police were upset.

You are going to have to take responsibility for this scenario instead of making excuses. Anger management, very possibly alcohol counselling, very possible couples therapy will probably be ordered.

J_9 · Dec 30, 2009, 06:34 AM

I really can't believe I am reading this.

Yes, you need a lawyer, and so does she... she could be charged with child endangerment being intoxicated and pregnant.

You two want to get married? What a toxic relationship this is... Might as well hire a divorce attorney while you're at it.

chris_cav · Dec 30, 2009, 06:39 AM

We do not drink all the time, it was a rare occasion that ended in a loud argument... Also we JUST found out yesterday that she MAY be pregnant, it showed up as so on the home test... I am sorry for the confusion above... I just need the best advice of how to get this over with and move on with our lives together.. I don't need the sarcastic responses, I need some help please!

J_9 · Dec 30, 2009, 06:45 AM

You love each other yet you get drunk and have yelling matches?

We aren't being sarcastic... I am a nurse... if your girlfriend is pregnant, it IS considered child endangerment. If she MIGHT be pregnant, if she JUST found out, that's even MORE reason not to drink.

Get a good attorney is all I can say.

Oh, yeah, keep that divorce attorney in mind too.

JudyKayTee · Dec 30, 2009, 06:45 AM

This will be your problem - you shift your story in order to get the most favorable response/result. Your girlfriend started pregnant, this was a large part of your post. Now that you have your answers she MAY be pregnant. This puts everything you have posted into question.

The Court isn't going to care whether you drink all the time or not - apparently the two of you shouldn't drink at all if you intend to stay out of the Court system.

I gave you my best advice. There is no other legal advice.

Again - why do you think Ontario is a State? Do you live in Canada or were you visiting?

As far as what you need or want - when you post on a public board we look at what you post, the facts, the situation, and answer from a position of knowedge/experience/education. Maybe your friends know you and so their answers are based on their personal knowledge of you - we just go by what you post and the law. Please don't try to dictate what you "need" by way of an answer.

As far as the divorce Attorney - you love her but you put your hands on her? For that matter, she put her hands on you? If your second version is to be believed I would think she had SOME inkling that she was pregnant, that she didn't take a pregnancy test because she had some free time, that she was intoxicated despite her thinking she might be pregnant. Either way, your relationship is toxic at this point and I don't see it lasting. Keep in mind that we see domestic violence on AMHD every day and it very often starts with pushing and shoving and drinking - and then it escalates.

Maybe the two of you deserve each other, maybe not. I feel sorry for your baby.

chris_cav · Dec 30, 2009, 06:51 AM

I am not changing the story, I am explaining it better as it was taken the wrong way and I felt the need to correct it.

Ontario is a province, I posted this on a different forum that was American and it automatically put State. I was not aware that it was just a USA site so I copied it to here after being advised to do so. I didn't notice that until now.

I appreciate your help Judy. I know that I should seek out a Lawyer for this situation. I was just curious if anything stood out to help our case.

chris_cav · Dec 30, 2009, 06:54 AM

One note I would like to add:

She knows an officer that has been around for decades and very high up in that police department. She wants to call him to make a complaint against the charging officer and to see if it can be dismissed. Is this a wise thing to do?

J_9 · Dec 30, 2009, 07:01 AM

Explain again why you want to make a complaint about the cop who was just doing his job.

JudyKayTee · Dec 30, 2009, 07:08 AM

Originally Posted by chris_cav

I am not changing the story, i am explaining it better as it was taken the wrong way and I felt the need to correct it.

Ontario is a province, I posted this on a different forum that was American and it automatically put State. I was not aware that it was just a USA site so i copied it to here after being advised to do so. I didn't notice that until now.

I appreciate your help Judy. I know that I should seek out a Lawyer for this situation. I was just curious if anything stood out to help our case.

What? State Laws vary State by State and certainly are different from Provincial Laws. Posting inaccurate or incorrect info helps no one, least of all you.

As far as filing a complaint against the Police Officer - on what grounds? At this point I think alienating the Police is a very bad idea - in fact, at ANY point I think alienating the Police is a very bad idea.

In the States - which is where you originally posted this occurred - one of the parties in a domestic situation is going to jail, sometimes both.

I see no fault or liability on the part of the Police in your situation.

chris_cav · Dec 30, 2009, 07:34 AM

Ok, so I will be contacting a Lawyer for this and hopefully we do not have to see a conviction from this. We are willing to go to counseling or anything that may help the court to see that the conviction is not the right answer for us.

One of my last questions: Is it possible for the police to drop this if they chose to or does it have to go to court now?

You mentioned that she is considered a witness now and not plaintiff. I suppose it is the job of my lawyer to question her and all witnesses. Can the lawyer talk to the witnesses before court at any point?

J_9 · Dec 30, 2009, 07:38 AM

Originally Posted by chris_cav

One of my last questions: Is it possible for the police to drop this if they chose to or does it have to go to court now?

I'm not sure about Canadian law, but here in the US... no. Once charges are brought it goes to the prosecutor (not sure what it's called in Canada). The prosecutor then decides if this goes to court or not.

Originally Posted by chris_cav

Can the lawyer talk to the witnesses before court at any point?

Absolutely. They have to question before going to court to 1) make their case against you; 2) create a defense for you.

JudyKayTee · Dec 30, 2009, 07:39 AM

Good choice - contacting an Attorney. The Court may impose a sentence which includes counseling - I don't see it simply being dropped. The Police have nothing to do with dropping the case or pursuing the case. That is up to the DA or the agency which prosecutes for the "State."

If the witnesses want to talk to your Attorney - or more likely an investigator working on behalf of your Attorney - yes, they can.

Good luck - come back and let us know how it works out, all right?

excon · Dec 30, 2009, 08:04 AM

Originally Posted by chris_cav

One of my last questions: Is it possible for the police to drop this if they chose to or does it have to go to court now?

Hello chris:

The police don't take it to court. They take it to a prosecutor, and HE takes it to court - IF HE WANTS TO. He absolutely CAN drop the charges.

excon

chris_cav · Dec 30, 2009, 09:27 AM

Thank you for this feedback.

What we are going to do is contact that officer she knows who is a family friend and been in the force for decades to see if anything can be done on that end of things. I assume that the police can influence the decision of the DA to some degree.

That may work or may not. What we will do also is both talk to my attorney to see what is the best way to go about it to avoid a conviction and to be together. She is totally on my side, so I think the DA might have a harder time using her as witness.

I don't know if this would help our case. There were 2 witnesses when the police were questioning her that can state that she very adamantly stated that she did not want to make a statement or press charges or see anything happen to me.

JudyKayTee · Dec 30, 2009, 09:35 AM

Again - the Police have NOTHING to do with whether charges are pressed.

Again, whether she did or did not want to make a statement/press charges is immaterial. She will be sworn to tell the truth and I'm sure an Attorney will advise her to do just that.

chris_cav · Dec 30, 2009, 09:44 AM

k, so what I am getting out of this is that our lawyer needs to convince the court that the conviction is not the right answer, where as the DA will probably try to say conviction is the right answer even though the DA will know that nobody wants that to happen. I expect truth to be told, and for this to be cleared up the best way possible. I will keep you posted of how this goes.

JudyKayTee · Dec 30, 2009, 09:47 AM

Bingo!

And please let us know -

chris_cav · Dec 30, 2009, 09:50 AM

Do you think we have a good chance of avoiding a conviction knowing the whole story now? We are willing to cooperate fully and do anything to be together

excon · Dec 30, 2009, 10:04 AM

Originally Posted by chris_cav

the DA will probably try to say conviction is the right answer even though the DA will know that nobody wants that to happen.

Hello again, chris:

The citizens of your province want this to happen. That's why they made what you did against the law. The DA represents those people. He cares what THEY want.

excon