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I recently called 911 by mistake - then when the Police came…

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I recently called 911 by...
I recently called 911 by mistake - then when the Police came I thought that I had to say bad things about my boyfriend - I exaggerated three negative events that we have had in our relationship. What will be the charge when I tell the court the truth?
Submitted: 8 years ago.Category: Canada Law
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Answered in 4 minutes by:
6/28/2010
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
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How much of an exaggeration was it? A complete fabrication or otherwise?
How did you call 911 by mistake?
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Customer reply replied 8 years ago

We were in an arguement - I had just woken up after drinking and was disorientatd and I wanted him to leave me alone. So I was trying to scare him I reached across him to the phone and dialed 911 but I thought the receiver was on the hook.

Not a complete fabrication - but I did embellish on the facts. I wasn't thinking straight.

Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
So he was charged? With what?
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Customer reply replied 8 years ago
Domestic violence
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
If you gave enough true evidence that would support a charge of assault, he still may be convicted if you only added a bit more colour but the facts still remain. A complete fabrication starts either with obstruction of justice or criminal mischief. If you lie in court that is perjury. All of this can be avoided in my opinion.

Get the court file number and contact the Provincial Crown office. Probably no Crown lawyer is yet assigned to the file but tell them you would like to speak to someone about it. You can meet with a Crown or speak on the phone but you want to follow up in writing. Clarify your statements and tell them that you were not thinking clearly. This may not assist your boyfriend but it should get you out of the catch 22 that you are in. I would not wait until a trial before notifying the Crown about what you will say a trial. The more time and public resources spent on this matter, the more likely of trouble for yourself.

After you have clarified (recanted), the Crown will then assess whether or not they have enough evidence to proceed with the charge against him. It is at their sole discretion whether to proceed or not. But this avenue of action means no one is surprised at trial and you are not placed in jeopardy.

Yes, by recanting there is still a chance that you are in trouble but, in my opinion, they will not take any action against you. Witnesses often change their story and since you did not report a false crime, you should be okay. Indeed, the Crown may suspect that you are changing your story to get him off the hook.

In any event, best deal with this sooner than later.

Best of luck. If I have assisted, please accept my answer.

Tom
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Customer reply replied 8 years ago
What is the max penalty that he will receive for a slap, grabbing me by the shirt, pulling my hair - over the period of 3 years
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
With no previous convictions, I would suspect some anger management probation conditions. He needs to understand that being a man means treating a woman like one.

Women have to understand that caring men do not hit or use physical abuse. It is a criminal act. But, on a first offence for a guy, he is facing the worst possible.........counseling! Some men would rather go to jail than get counseling. That is the abusive mind set of some men who want to dominate women.

Do not take abuse. Report it at all times. Never negotiate with an abusive person. You cannot win over someone who's life's ambition is just power.

No one gives you any touch in anger. It all has to go. Then, deal with the Crown.

If you need advice on how to get out, I will find another answer for you.

If the Crown can prove the case, he will probably be forced into a treatment program. If he repeats aggressive behavior against women...then jail for a bit and if he does not then get the message..then lots of jail.

While I may defend people who may have done some bad things, the entire court system is bent on reducing family violence and ensuring that women are not abused. We are not stupid and understand that sometimes it takes a bit to have the resources to break free.

Three years of a slap and being aggressive is a concern. Believe it or not, most men do not treat women that way. Do not get used to it. I hear almost daily of women who are hit and do not know what to do.

You are not going to get in trouble here. The Crown will understand.

Your question was about YOU. Please keep it that way. Concentrate on yourself and not making excuses for your abuser.

If you need an exit strategy, do what I recommended and ask also to speak to the Crown victim services. They will assist in getting you out if you need.

Chose safety for yourself over loyalty to an abusive man.

Please take care. Abuse never gets better! With counseling, risks can be managed perhaps. If you are at risk..reach out.

It is a criminal offence to lie under oath. It is a larger moral concern that you lie to yourself.

Please accept my answer so far. I am prepared to work with you in the future.

Tom


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