Legal Issue

[EpicBeardedMan]

I had an arrest not too long ago where the guy assaulted me in the holding area after he was arrested and the cops decided to press assault charges even though I said it was fine and I'd rather not. I'm nervous about it going to court (the guy was on bail for Assault causing bodily harm) and was wondering if I phoned somewhere (I don't know who i'd phone to drop the charges) to drop them would that mean I wouldn't have to go to court anymore? Anyone who knows this kind of stuff please post!

 

[PuckChaser]

Not even close to the right forum for this...

Do you have an incident number? You can call the local police station and speak to someone there and explain the situation.

 

[Occam]

I'm assuming you work in some sort of law enforcement capacity, and you weren't in a holding area as a "customer".  ;D

What I would do is:  Contact the police officer who made the arrest, if you know their name.  If you don't know their name, the police department main number should be able to tell you which watch was on at the time in question, and then you can contact the watch commander to find out which officers handled the call.  It's unlikely you'll be able to influence the officer's decision to lay charges or not, especially if it's just because you want to avoid being a witness as you'll be in the CF by then and be elsewhere.  You can't really approach the Crown prosecutor until you know whether charges have been laid or not, because if they haven't, the Crown prosecutor won't have a file on the matter.

That said, if they do lay charges, and it goes to a Crown prosecutor with you listed as a witness, it'll likely be months before an arraignment.  If you've joined the CF and are elsewhere (doesn't matter where, really), then it becomes the problem of the Crown to serve you with a subpoena to appear for trial.  If they can't serve you, then problem solved, and the charges will eventually end up being dropped against the guy.  If you're across the country, and they manage to serve you somehow, then you can deal with the Crown prosecutor to explain your predicament being thousands of km away and working for the CF, and it'll be his discretion as to whether he wants to pursue the charges or not. 

Make sense?

 

[Occam]

Not even close to the right forum for this...

Sure it is.  He's a soon-to-be recruit who is concerned about potentially being subpoenaed as a witness for a criminal matter. 

 

[EpicBeardedMan]

I'm assuming you work in some sort of law enforcement capacity, and you weren't in a holding area as a "customer".  ;D

What I would do is:  Contact the police officer who made the arrest, if you know their name.  If you don't know their name, the police department main number should be able to tell you which watch was on at the time in question, and then you can contact the watch commander to find out which officers handled the call.  It's unlikely you'll be able to influence the officer's decision to lay charges or not, especially if it's just because you want to avoid being a witness as you'll be in the CF by then and be elsewhere.  You can't really approach the Crown prosecutor until you know whether charges have been laid or not, because if they haven't, the Crown prosecutor won't have a file on the matter.

That said, if they do lay charges, and it goes to a Crown prosecutor with you listed as a witness, it'll likely be months before an arraignment.  If you've joined the CF and are elsewhere (doesn't matter where, really), then it becomes the problem of the Crown to serve you with a subpoena to appear for trial.  If they can't serve you, then problem solved, and the charges will eventually end up being dropped against the guy.  If you're across the country, and they manage to serve you somehow, then you can deal with the Crown prosecutor to explain your predicament being thousands of km away and working for the CF, and it'll be his discretion as to whether he wants to pursue the charges or not. 

Make sense?

Made perfect sense, thank you so much. I was kind of hoping I'd be long done BMQ and my QL3 by the time it even went to court, hopefully that's the case  :threat: Thanks again Occam.

 

[Cdnleaf]

Sounds like you were on a ride along?  Anyways, at the risk of contradicting the above, here are some thoughts. You noted he was on bail for another Assault Charge - causing bodily harm, which indicates he breached his conditions somehow + he assaulted you (another breach). As a threat to society/likely to reoffend, he'll do pretrial time which is generally considered 2:1 (pretrial detention:time in the factory) I digress.  The charge has already been laid and nothing you say is going to influence that, it is not your choice. Equally, getting you served to attend court will not be an issue for the crown or arresting officer, regardless of your location. As mentioned above, get in touch with the arresting officer and ask for the update. Best case scenario is the crown, after reviewing the 'Crown Brief,' during which he/she reviews the elements of the offence/evidence, won't need you to attend. For example, the incident is on video + the police officers notes + your written statement after the incident, or the accused pleads guilty (accepts a plea bargan.)  All the best and nothing to be worried about.  Get an update and discuss it with your new chain of command. 

 

[EpicBeardedMan]

Yeah that seems logical cdnleaf, a family friend who was a toronto detective says the crown sometimes won't fly you out depending on what your location is. Is there any truth to that? And I work loss prevention wish I could do ride alongs.

 

[Cdnleaf]

Can't answer your question / do know provincial courts have $$/policies to reimburse people when attending court via subpoena. Read the below link and references that will give you some information.  Use it wisely / i.e. don't be a jackass and attempt to brief anyone on CF policy. Aspire to be the greyman.

http://www.admfincs.forces.gc.ca/dao-doa/7000/7001-0-eng.asp

 

[EpicBeardedMan]

Aspire to be the greyman.

I was informed to do this by a friend who completed his BMQ and is now a MP, I've taken it to heart lol.

 

[Nauticus]

Wait, what are you nervous about? Being called to trial during BMQ, or being identified by the subject?

Most charges take a LONG time to register. You work loss prevention (so did I), so you should know this. It takes MONTHS AND MONTHS (up to or beyond a YEAR) for charges to go through.

 

[Precept]

Have you been given a job offer?

During my interview, my CC asked me if I had any kind of court date, even if I was a witness. He explained that that CF "won't touch you" until that is taken care of. He also explained that usually, the applicants place a call to the Arresting Officer, explain that this case is holding up their application, and ask if the officer really needs them appear in court as a witness.

I don't know your situation, but I just wanted to share that incase it could be problematic for you.

 

[Occam]

Have you been given a job offer?

During my interview, my CC asked me if I had any kind of court date, even if I was a witness. He explained that that CF "won't touch you" until that is taken care of. He also explained that usually, the applicants place a call to the Arresting Officer, explain that this case is holding up their application, and ask if the officer really needs them appear in court as a witness.

I don't know your situation, but I just wanted to share that incase it could be problematic for you.

This is all moot - he hasn't been served, so there is no date to speak of.  Until he's been served, there's nothing to worry about.  I still maintain that unless the Crown desparately wants you as a witness, they're not about to start trying to serve you with a summons to appear as a witness if you're halfway across the country.

 

[EpicBeardedMan]

Being called to trial during BMQ

This one. I just went to court this month for a theft under and he pleaded guilty. Such a waste of time.