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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3567
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I have been recently charged threats with a weapon and

Customer Question

Hello. I have been recently charged for uttering threats with a weapon and mischief and wanted to know how concerned i should be. I have no previous record. It was a bad case of road rage where i got out of my vehicle and yelled at someone with a wrench in my hand and put a tiny ding in his car. I feel horrible. I was having a bad day and i fully cooperated with police. I just want to make things right and move on with my life. Any advice? Thanks
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year 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.
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

Firstly, I don't think that there are any experts here who do phone calls. I don't do them because this site is US based and isn't a law firm, so it's against my Law Society rules.

Do you have a lawyer?

When is your first court date?

Do you have any diagnosed mental health issues?

Customer: replied 1 year ago.
First court date is august 28th. No i dont have a lawyer. No mental health issues.
Expert:  Ulysses101 replied 1 year ago.

Is there anything on your criminal record? How old are you?

Customer: replied 1 year ago.
I am 29. Nothing on my record.
Expert:  Ulysses101 replied 1 year ago.

OK, tell me what happened. We're anonymous so don't use details that can identify you. I also don't want you to sugar coat anything. What happened?

Customer: replied 1 year ago.
Sorry for the delay. Okay, so i was on my way to the mall to meet my fiance and daughter. The guy was driving in front of me and flicked a lit smoke out the window. Im not sure if you are aware of the fires that took place in fort macmurray but thousands lost their homes and it devastated the whole town. This frustrates me when i see people be wreckless like this potentially starting a fire in my hometown. It just so happened he was travelling in the same direction as me. I had a long bad day at work and my patience was running short. He then proceeeded to flick a second lit smoke out the window. At this point, we had stopped at a red light and he was 2 cars ahead of me. I had now lost my temper, reaching into my backseat to grab a wrench (at first for protection not knowing what kind of person im about to confront). Looking back i clearly made the wrong choice but at the time i just wasnt using reason. All i could think about is this jerk burning down our neighborhood. I got out of my truck and walked over to his window and started yelling at him. I cant remember exactly what i said but it started with me telling him how he shouldnt throw lit cigarettes out the window and what harm it could cause . then i told him (in so many words) that if i saw him do it again i would hurt him. He didnt respond sincerly which frustrated me further where i then literally tapped the metal on his door. Possibly left a very small mark no bigger than a pea. I didnt actually see the damage. I then got in my car and drove away. About 5 minutes later i was pulled over and arrested. I cooperated fully.
Customer: replied 1 year ago.
I know i made the wrong choice and i want to make things right. I am also very concerned about being restricted from fravel because i am getting married in mexico in november.
Expert:  Ulysses101 replied 1 year ago.

Well, that's not good. And if you describe it like this to the judge you aren't going to get very far. You'll be told that what you did is absolutely criminal, and that you're minimizing your responsibility, and trying to shift the blame to the victim.

Before your first court date, start calling around for lawyers. Find one who is good in such matters, and discuss retaining them. You won't need the lawyer for the first court date.

Before your first court date, start hanging around at court if you have time. Find out where duty counsel is, where the information boards and security are, where to park, and get your bearings. Watch guilty plea court for a while, you'll see the crown and judges processing cases.

On your day of court, show up early and see duty counsel. Get your crown disclosure package and screening form, those are documents with the evidence against you (including witness statements) and a note from the crown saying what charges it will be proceeding upon.

Then with duty counsel, get an adjournment for you to retain counsel.

Read over the disclosure, make notes about what you disagree with, and go see your lawyer to discuss potential defences.

In the meantime, it couldn't hurt to get into some counselling and anger management specifically. There might be a "road rage" program offered by the ministry of transportation, take that too if you can. You aren't going to get the judge to side with you by citing Fort McMurray. You approached another's car to confront them, were verbally aggressive and threatening (even if you weren't, they'll say you were), you had a weapon and you damaged their car. As you said, this is road rage / vigilanteism and it won't be treated lightly.

Having said that, I doubt you'll get jail time upon a conviction or plea. If you and your lawyer decide that a guilty plea is probably best, ***** ***** expect to have to write an apology letter, pay for alleged damages, and allocute to what you did in open court. The sentence will likely be probation and a fine, but you might get a conditional sentence which will essentially "expire" and disappear from your criminal record after three years if you behave yourself.

I know that's a lot to digest. Does it make sense? Anything more to discuss? If not, I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

I don't know if you've seen what I wrote. Yes, it's a lot. But I'm here, so please reply if there's anything else. If not, may I have that rating please? Ratings are how I get credit from the site for helping its customers.

Expert:  Ulysses101 replied 1 year ago.

Our question thread is still open, so I'm just checking in. Did my answer help?