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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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I have a few more questions regarding the summons and the

Customer Question

Hi Daniel,I have a few more questions regarding the summons and the upcoming court appearance and hopefully a few more details so you can provide a little more specific answers. I am terrified of the RCMP, courts and a possible return to jail... thus I think the reasons for these charges.The charges are… 380(1)(A) Theft over $5000.00334(A) – Indictable
I’m not exactly sure what the second one is but I think it relates to prescription medication??I have a previous criminal record:
Prescription fraud – 2011 – Received suspended sentence – June 2014
Pleaded guilty to two charges on the advice of the lawyer.Failure to comply with court order – May 2014
Abduction of my own children – May 2014
I pleaded guilty on October 30th of 2014 as I didn’t want to be in jail until a trial and my legal aid lawyer was quite useless.
For the last two I served 185 days jail time
18 months probation (ended on April 30th, 2015)My questions are:
When I go to court on the 10th of January on my own and plead not guilty to the charges… is it possible that I could go to jail until the trial date?
Would the prosecutor ask for bail?
Would this be another hearing or would bail be set that day?These charges are based solely on allegations and not true.Can I file charges against the person who is pressing these charges against me?
I have enough evidence to support the charges were placed after his attempt at extortion of money from me failed so he’s not only filed a false police report, attempted to extort money ($10,000.00) – I have his messages recorded. He’s damaged my reputation… made many harassing phone calls. Are there other charges I can place against him? He buys medications (antibiotics) from his Vet etc.Can I file this report with the RCMP? Is there a certain time limit that I have to file these charges?On the summons to appear, it also states that this happened even after I left his employment. He is an MS patient at home with his Mother and my last day working for him was July 28th and yet the summons states this ‘theft’ happened between December 1, 2015 until October 10th, 2016 (2 ½ months after I left employment with him).He knew my ‘criminal history’ and figured I was an easy mark to extort money from because he knows how terrified I am of jail and the RCMP.Thanks for your help. I look forward to hearing from you.
Submitted: 3 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 3 months ago.

1) As you have already been released from police custody pending the adjudication of your charges (i.e. released on bail or a promise to appear), unless you commit another offence for which you get arrested, you will not go to jail while awaiting the trial date. You are out of custody following the charges, and assuming you don't re-offend, it will stay that way up until your trial.

2) As per the above, as you have already been released on bail or a promise to appear, they cannot go back in time and hold you for bail. So you'd just set the trial for your matter and then go home, you wouldn't have a bail hearing.

3) No, police lay charges not you. You can report it to the police and request they lay charges against him, there is no time limit for you to do so.

Hopefully that answers all your questions.

Customer: replied 3 months ago.
Are you sure of this?I wasn't arrested on this charge... the RCMP just came to my home and presented me with the summons to appear in court and attend the detachment on the same day for fingerprinting and identification.Can the RCMP withdraw these charges prior to the court date if I go to the detachment with enough evidence showing enough evidence these charges were false and were placed because I refused this person's attempt to extort money? As I stated before, I have this person's recorded messages threatening to go to the RCMP if I did not pay him $10,000.00Thanks.
Expert:  Daniel Freudman replied 3 months ago.

If you were charged with an offence that means you were arrested in order for them to do so, even if they didn't physically put cuffs on you.

Theoretically the charges could be withdrawn on the first court date if evidence supports that, but in general such is quite rare, and the Crown rather than the police are the ones who would make the decision to drop the charges once they've been laid.

Expert:  Daniel Freudman replied 3 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating I can receive compensation for my services. Thank you very much.

Expert:  Daniel Freudman replied 3 months ago.

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

Customer: replied 3 months ago.
HI Daniel,Just another couple of questions if I may...Can these charges be dropped by the complainant once I've gone to court and pleaded not guilty or will it then be up to the prosecutor to decide whether to proceed?If the person who lodged these false allegations dies prior to this going to trial... what happens then?Thanks... I look forward to hearing from you.
Expert:  Daniel Freudman replied 3 months ago.

As the charges have been laid it's out of the complainant's hands and up to the prosecutor to proceed as s/he sees fit.

If the person dies prior to trial, it is very unlikely they'll proceed with the case since his prior allegation to police would be deemed hearsay and thus presumptively inadmissible. However, it is possible they could proceed if this person gave a sworn statement and/or otherwise testified about the incidents prior to dying. That being said, it is unlikely the prosecutor would proceed as they generally only do so in such circumstances when the charge are very serious which here they don't really seem to be. So, under the present circumstances, if they person dies the charges would likely get dropped on or shortly before the trial date.

Hopefully that answers all your questions. If so, it would be greatly appreciated if you could provide me with a positive rating. Thank you very mu

Expert:  Daniel Freudman replied 3 months ago.

As I have answered your further questions, would you please provide me with a positive rating I can receive compensation for my services. Thank you very much.

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