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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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The judge have signed the general production order cell

Customer Question

Hi,
the judge have signed the general production order for my cell phone . I could presuambly be charged with pretexting, where the calls were made to my ex boyfriend phone company and the internet company, to find out the call records and to know how many devices are connected to wifi. Now, if i am charged , what charges will it be and is there any way to escape this. I have been to psychiatrist twice before, and getting psychological help in past 6 months after my breakup. I have a reason to know and fear, as my ex boyfriend had been violent and i wanted to make sure that he is not sending anyone to harm me. I had been diagonosed with PTSD.let me know that if i am charged, do i have to leave the country as i am a student in canada.
Submitted: 12 months ago.
Category: Canada Law
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 12 months ago.
Another thing i want to add is my boyfriend is already charged with domestic violence. so since i was making calls to his phone company and internet provider, he made complaint against me. and the investigation went on. I just received a word from one of my friend, that the general production order for my personal phone, his phone and at his internet provider were signed on november 30 and the police had told my ex, that it will take approximately 2 weeks for them to do the research. Now please tell me, what i should be doing. How can i save myself. Does psychiatric reason helo
Customer: replied 12 months ago.
In addition to that, I was wondering if someone could tell me, how it works for the application of H1 visa when you have charges pending in the canada criminal court. As i am a foreign national.
Expert:  Copperlaw replied 12 months ago.

Just so it is clear, did you impersonate someone in order to obtain this confidential information? Did you interfere with his services at all or change any services? Was his complaint simply regarding the privacy breach or was he complaining of "stalking" or criminal harassment?

Have the police spoken to you at all about this or is this something you've heard from a friend? Do you have any actual confirmation from a source of authority that the police have sought and obtained this information?

I look forward to hearing back from you.

Jim

Customer: replied 12 months ago.
Hi,
Yes, I did tried to obtain the phone records by impersonating him and was trying to know how many devices are connected to his wifi.. I have not changed the services. I am not sure what complaint it is, but i assume it could be criminal harrassment. Police has not called yet but my phone company informed me that the production order has been signed and they will be giving away my call records to the police. And i confirmed this with the friend, where he told me that the production order have been signed for my personal cell phone and his internet and his phone company..
Expert:  Copperlaw replied 12 months ago.

Well it does sound as though the police are pursuing this with the intention of laying criminal charges if evidence exists. If they were not going to pursue charges, then they would not spend their time drafting and obtaining the Production Orders. Further, within the Orders themselves, the police have to set out that the information which they seek to obtain will provide evidence of a criminal offence.

I would agree that the most likely charge they would be looking at is criminal harassment, from a domestic perspective. If you have no prior criminal record and this is a first offence, the Crown may agree to deal with the charge in a manner that did not see you receive a conviction or criminal record. There would have to be some mitigating facts however, such as your mental health. Getting into counselling to address your concerns on an ongoing basis would be a positive step to show that you have recognized that you have areas regarding your mental health that you acknowledge and want to work on to ensure that things like this won't happen again.

Ultimately, if you are charged, it is highly recommended that you retain the services of a local criminal lawyer as this is the best way to ensure that you come out of this in the best way possible. It may be costly, however a criminal record would have a much greater impact than a minor financial expense. As for your H1 Visa application, this could be significantly affected by a criminal charge being laid against you. In fact, it would cause your application to be put on hold, but not necessarily denied. They would likely just wait to see what the outcome of the charge is.

Please let me know if you require anything further as I am happy to chat further.

Also, please take a moment to leave me a positive rating.

Jim

Customer: replied 12 months ago.
Hi Jim,
Thank you for the reply. Do you think psychiatric help in past six months and counselling might help me here? And I was checking this to make sure, that he was not going to come to harm me as he had been domestically violent. I have already filed the complaint and the charges are pending. Another thing, I am not a canadian citizen. Does it mean that i cannot leave the country until I am convicted or non convicted of being guilty? I really do not know, how can i save myself here. Because I have made those calls using my phone so the evidences are clearly lying out there..
Customer: replied 12 months ago.
Moreover my ex was using the different name, postal code and the birthdate. So I am not sure, that i am impersonating him. It is true i was convincing the customer care rep to give me the information on the call records but he has never used his own name as the account holder. So does it mean here, that i was impersonating him, when this name or anything does not exist in real life? Because i think the criminal code says, that impersonating the living or dead to mean to obtain.... And I have not used this information in any ways. I have never called the financial company or anything. This information was just to make me less anxious that he is not planning anything against me. . None of the information that he was providing to the phone company existed in the real life except his email addres.. He or the customer care were changing his name, pin code, postal code everytime..But with the internet, which was on his name and his own address, where I was impersonating him.
Customer: replied 12 months ago.
typically how long this whole thing could go, from trial to the conviction? I am in process of obtaining the job in US and they could be filing my H1 by end of this month. I am really scared that if I am arrested before that, how things would go. I have no job in canada right now. So do i have to stick around till the charges are being cleared? And is there any way to prove it criminally non responsible. And if i am proved criminaly non responsible, how does it affect my stay in canada? Can i still apply for the work visa, even if the charges are being laid and not convicted?
Customer: replied 12 months ago.
I have not been charged before of any criminal activity. Does this sounds a valid reason, that I had been doing pretexting because i had been scared, that he could be planning in anyway to harm me? Does pretexting requires a reason? And do court even look for the reason?
Customer: replied 11 months ago.
In another word, what i mean is that when i was calling the phone company to ask for the phone records, i am impersonating the fictious person. Because he had never given his real name there. And i was using the fictious information that he had given there to get the call records.. So is it illegal? For example, lets say his real name is***** and his real postal code is H8R4M2 and his real birthdate is 14-09-1986. Now the time he opened the account and got the phone number, he gave the name Mr. Patrick Narbonne, and he gave his birthdate as 23-97-1967 and he gave the postal code as C9M4N6. So I used all this fictious information, that he had given, to get the phone records. No wonder, the phone belongs to him, to the real person which is my ex. So my question in nutshell is, is it illegal criminally to obtain the records by impersonating the fictious person?
Customer: replied 11 months ago.
another thing i was wondering, does obtaining the phone records or to know, how many devices are connected to his router, qualifies for the stalking or criminal harrassment? Because I have sent only few emails, not threatening or intimidating at all. And i have just called him once. I have not followed him or anything or have made any kind of threats.
Expert:  Copperlaw replied 11 months ago.

They'd not likely be looking at charges for impersonation, but rather for criminal harassment. Certainly, tracking his activities could be construed as stalking behaviour and could support a charge of criminal harassment, even if it isn't enough for a conviction. Your mental health and paranoia about him coming after you can have some mitigating effect on charges if they are laid.

I would expect that if you were to present all of this information and seek help privately for your mental health concerns, the police may not proceed with charges or if charged, the Crown may not proceed with pursuing a conviction. Even still, the court would likely grant you a discharge if convicted, being a first offence and relatively minor. This would mean that there was no conviction and no criminal record for same.

Having a charge against you can, as I indicated previously, affect your H1 application. While you are free to leave the country, you likely should not as it could make you look guilty and a warrant could be issued for your arrest and remain outstanding in Canada. The US would certainly not grant you a visa if you were wanted in Canada.

Jim

Expert:  Copperlaw replied 11 months ago.

Please let me know if you are satisfied with the information that I have provided or if you require anything further.

Also, please take a moment to leave me a positive rating as this assists me in building my reputation here on the site.

Jim

Expert:  Copperlaw replied 10 months ago.

Please let me know if you require anything further or if we can close this question.

Also, please take a moment to leave me a positive rating.

Jim

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