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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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I have been charged with vandalism my exs truck

Customer Question

I have been charged with vandalism for keying my exs truck and harrasment .
I was stupid and irrational and I am scared of what will happen to me
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.
HiThe charge should be mischief for the keying and harassment. True? Do you have any criminal record? When is your first appearance and in what province?You should not worry overly unless you have a previous record for similar behaviour.ThanksTom
Customer: replied 1 year ago.
No I do not have prior charges - first appearance aug 4 in Ontario
Customer: replied 1 year ago.
I think it's vandalism under 5000 is the charge with harassment for going to his house ....
Expert:  Tom B. replied 1 year ago.
The first appearance is nothing to worry about. There should be a duty counsel lawyer there to assist you. You have a right to see everything police think happened and that will be in an envelope called the "Particulars". The duty counsel lawyer will have your name called and will get the envelope for you. Ask for an adjournment for a month. You will get it as no one expects you to do anything on that day.If the lawyer has time, they may review of Particulars with you and give advise or you can take it to a lawyer of your choosing. No one can give specific advice until they see that. Also enclosed will be the Crown sentencing position. I am reasonably certain that it will be probation for 12 months with a no contact order and perhaps restitution to get the scratch painted. But either with duty counsel on another day or with your own lawyer, you want to try and get a non criminal result so you do not get a record. This is known as a "Discharge". Perhaps the Crown lawyers have already thought of such for you if you have no prior record. But if not, even using duty counsel, the Crown should be approached to see if they would support a discharge. Even if not, it is up to the judge.A discharge still involves a period of probation where you comply with any conditions and do not do anything new. If the harassment was serious perhaps a counselling condition would be added. Then again, they may take a plea to one charge and drop the other. Here again, even duty counsel can negotiate with the Crown. On the other hand, if you choose do do it yourself, you can call the Crown counsel office yourself and ask to take to a lawyer and try and negotiate yourself. Don't be afraid. They will treat you with respect even if they disagree with you. On the day you decide to deal with this, take as much info about yourself as possible. Information about employment, education, life in the community....anything to show that this was an isolated incident and will not be repeated. Letters from friends and family. Better still, bring people who can speak highly about you.Your not going to jail. The issue is whether you end up with a record or not. To try and avoid a record, you must prepare by bringing as much positive information about you as possible.The first appearance is nothing to worry about. With proper preparation, avoiding a criminal record is possible.Let me know if you need anything more from me.Sincerely,Tom

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