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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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the police was called to my house for my common law husband

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the police was called to my house for my common law husband and I were arguing. I repeatedly told the cops everything was fine. They would not leave and kept asking me if he hit me. I had only had 2 hrs sleep, and told them he did after they kept badgering me. after an hr of them hanging around I basically told them what they wanted to hear under stress, plus I suffer from anxiety. will I be charged

Under the circumstances, it is very unlikely that you will be charged. There are two reasons for this. The first is that, like you said, you were under duress and other exigent circumstances. You were not trying to lie to the police to get your c.l. husband in trouble, but rather just wanting them to leave. It would be different if you called the police to your house then lied and request they press charges. However, that is not at all the case here. Instead this is clearly a case of the police interfering with your personal non-criminal life, and you trying to get them to leave you alone as they had no right to continue pestering you.

Second, the fact you told the police the statement was false supports the above, in that it shows you were not intending to lie to the police but rather trying to get rid of them, and once you did so, you acted reasonably in clearing up the record.

For these reasons, I'd say it's highly unlikely you'll be charged, and even if you were charged, you'd have a good defence by the sounds of it. But again, I really cannot see you being charged.


Hopefully that is of assistance.


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Customer: replied 3 years ago.

Hi. I talked to the police on Monday Aug 26th and gave a new statement, they said they would like to talk to me again. how soon do they have to do this. the court case for the alleged assault is Sept 9th. Also wondering if they tried to scare me, for they never took my picture or finger printed me.

There is no timeframe within which they have to talk to you. They could talk to you tomorrow or they could ignore doing so entirely if they think there's no point in pursuing the issue.

They would only photo/fingerprint you if they charge you with an offence. Right now, you haven't been charged with anything, and it doesn't sound like you will be charged with anything. As such, they would have no reason to photo/fingerprint you.


Hopefully that answers your questions.

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