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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Oh, I have been charged with assault by a girl who shoved me

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Oh, hi,
JA: Hello. What seems to be the problem?
Customer: I have been charged with assault by a young girl who shoved me while we were getting on a TTC bus.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Toronto, Ontario
JA: Has anything been filed or reported?
Customer: No, I have discovery on Nov 24th at 1000 Finch.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I previously was in an abusive relationship, and the 3rd time I called the cops on him—they had to separate us, so I was under bond (?) and lived with my father for 6 months. Do I need a lawyer to see the video of the incident.

What do you mean by "discovery"? There is no "discovery" in criminal cases, unless you are referring to a preliminary hearing, or you are mistakenly referring to receiving disclosure​ on Nov 24. At 1000 Finch, if it is room 301 at 2pm, then that would mean it's your first appearance and you should get disclosure. Disclosure would very likely include the TTC video surveillance. You do not need a lawyer for your first appearance, though it may be wise so you don't have to wait a long time for your matter to be called and also so you can have a professional to assist in representing you for the case.

Hopefully that answers your question.

Customer: replied 7 days ago.
1. I plan to get personal letters of ref from my doctors and my counsellor. Should I have them for my day of discovery to show the Crown?
2. What does the Crown have to prove? Does it have to be "beyond a reasonable doubt"?
3. This girl was the first to shove me and I have greatly suffered because of this arrest (Dr. will attest). I, also, was forced to take a taxi, since she caused the bus to go out of commission. Can I recoup any of the costs of this mess, including a lawyer if I get one?
4. Would it be helpful to get a statement from the bus driver?

1. You don't need the letters on the first appearance, but if you want to show them to the Crown you can do so at a later date, such as a future pretrial date whenever that may ultimately be set for;

2. Crown has to prove that you applied some sort of force to the girl without her consent; this must be proven beyond a reasonable doubt;

3. You would have to sue her in civil court if you wish to recoup any costs;

4. If the bus driver will support what you're saying, then having him testify at court would be very useful. A written statement alone would be hearsay and likely would not be admissible in court.

Hopefully that answers your question. If so, would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much.

Customer: replied 5 days ago.
Sorry for not replying yesterday, but I read your response at 1:00 am and this subject makes my stomach turn.
I have not idea how I would track down the bus driver. He would not give me his name—he just pointed at the bus number and told me the time...
I hope I haven't made a huge mistake in not getting representation for Mon.
What is the definition of "force". She shoved me and I guess she didn't expect me to get my purse in front of her. This female then just started screeching that I put my hands on her—and did not stop. I got off the bus after leaving my info and when to my pain specialist appt.
What would be a fine that I could pay?
Would an assault conviction prevent me from entering the States or other countries?
The video will show that she kept screaming at me after I was sitting down, reading my magazine. Isn't that some sort of harassment?
This is so unfair, and it turned out that she prevented at least two buses filled with passengers from getting on with their lives.
She is a young healthy black girl and I am 59 with seven operations on my knees...
What is a bond? Can't I just say that I am sorry, I was in pain and get on with my life? It is very stressful since I have had to keep this from my siblings.
Thanks Daniel.

As you seem to have several questions, perhaps a phone call would be easiest to discuss them all.

Customer: replied 5 days ago.
Thanks, ***** ***** will pass on the phone call ($$$)
Could you just tell me if a conviction means I can't get into the States?
I am seeing my Dr. tomorrow about all this.

A simple assault (i.e. no use of weapon and no causing serious injuries) should not make you inadmissible into the USA. That being said, entry into the USA is largely at the discretion of the US Customs officer, meaning you could enter the country 10 times without a problem, and the 11th time you get an officer who is have a bad day or doesn't like you for whatever reason and decides not to let you in.

But legally, a single conviction on simple assault is not in itself grounds for inadmissibility to the USA.

Daniel Freudman and other Canada Law Specialists are ready to help you
Customer: replied 5 days ago.
Thanks for you prompt replies.
Not sure if you are located in the States, but am not sure how "assault" is even possible on downtown Toronto Transit (TTC) where people used to queue up—as they still do—everywhere, but right downtown.
Apparently, I could have called her the "N" word and nothing would have happened...
Good luck—
And please VOTE!! And see if a senior needs help to get to the polling stn.!

Thank you. I am from Toronto, I have quite a few matters at the 1000 Finch courthouse. There are some good Crowns there, and hopefully they will agree to a peace bond (i.e. they drop the charges if you agree to have no further contact with the alleged complainant / person who claims you pushed her)

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