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Lawmoe
Lawmoe, Criminal Defense Lawyer
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Hello, Back in August of 09 i was in Quebec City. I live in

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Hello,
Back in August of 09 i was in Quebec City. I live in hamilton, ON. We had gone out for a night, and i had got into a fight with another girl. I did not start this fight, the girl ran across the street at me, the police officers had separated us and had handcuffed me. They told me that i was going to go to jail for the night. I had co-operated with the officers, and had given them my name and so forth. Now i recieve a summons to appear in court in march of 2010 (in Quebec City) I've never been in trouble with the law before in my life, now i have a crimminal proceeding that i have to attend to. I was just wondering if you could give me some advice in this matter.
i was not read my rights when being hancuffed, also i was never taken to a police station, i had been in the back of the cop car the entire time, until they let me out about 6 minutes later down the road. They never gave me any papers or asked me if i wanted to lay charges? I am very scared please adivse. Thank you
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 4 years ago.

Thank you for the post.

 

A misdemeanor assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

 

Assault in Canada encompasses any intentional application of force to another person, including a gesture. If done in self defence the act is not an offence (as long as the degree of force used is not unreasonable).

 

If this is a first offense, often a conviction can be avoided with aggressive legal counsel.

If you are charged with a minor assault, you or your lawyer may wish to explore the possibility of a common law or s. 810 peace bond. A peace bond does not result in a criminal record of a finding of guilt or conviction unless you violate the conditions of that peace bond. The peace bond generally has conditions such as remaining law abiding for a defined period (usually one year) and it may also require attendance at an anger management class.

 

As previously mentioned, often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

 

Customer: replied 4 years ago.

thanks but i also want to know like what i can do about the fact that i was never actually sent to a police station and that i was never advised that i was going to be charged, or even asked to press charges, as I didnt start the fight at all.. also the fact that ive been sent this letter which is 7 months after the incident occoured and that it is very veage. It simply states that i caused bodily harm but doesnt say what i did, now if i had actually caused bodily harm and it was serious wouldnt the officers have read me my rights and taking me to a police station? im just really confused about the whole situation and dont understand how i couldnt be charged with this offence when i didnt start the fight i was just trying to defend myself, and when your a small girl you really have no option but to giver hell when someone 2 times bigger then you is on top of you.... i dont know im just really concered, ive never dealt with something like this, i went to school for law myself, and i just dont understand how i could be charged and she just walks away like a victim when in truth she is at fault.

Expert:  Lawmoe replied 4 years ago.

First, it is a common misconception that a person can press charges. Only a prosecutor can press charges and they may do so if they feel the evidence is sufficient to support probable cause for the charge. They may do so with or without your statement and with or without you being taken to the police station or informed you would be charged.

 

You would be wise to make no statements. Statements are likely only used to create additional evidence to support the charge. Your attorney can use the lack of information as a basis for a defense.

 

As part of the case, you or your lawyer would be provided with discovery. that includes any evidence or statements taken in the matter. That evidence would more fully describe what is being alleged and the injury that is claimed.

 

You do not have to be read your rights unless you are taken into custody and questioned. That is also a common misconception.

 

Expert:  Lawmoe replied 4 years ago.
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